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A Pembrokeshire couple’s struggle with Lasting Power of Attorney application

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IN LAWRENNY, Pembrokeshire a tale of love, resilience, and bureaucratic hurdles unfolded when Alan Woodhouse, 71, suffered a stroke earlier this year.

As his health began to decline, he found it increasingly challenging to manage his finances. To ease his burden, Alan and his devoted wife, Donna, 58, decided to apply for a lasting power of attorney (LPA), allowing Donna to take control of his financial affairs.

“I was more or less told that he wouldn’t be able to manage paying the bills,” said Donna, expressing her concern for her husband’s well-being.

An LPA is a legal arrangement that permits someone to act on your behalf if you can’t manage your finances or fear you won’t be able to do so in the future. The application must be approved by the Office of the Public Guardian (OPG), but time was of the essence for Donna and Alan.

With a sense of urgency, Donna filled out all the required forms from gov.uk and sent them off to the OPG in early April. However, the couple’s hopes were dashed two months later when they learned that their application had been rejected due to a minor issue with one of the dates beside Alan’s signature.

“There was a tiny line through the 0 in the date,” recounted Donna, visibly devastated by the rejection. “I thought it had all gone through. To my mind, it was silly.”

The rejection meant that Donna had to apply for another power of attorney, with the average registration process taking a staggering 20 weeks. The OPG offered a reduced fee of £41 if she resubmitted the application within three months, but the prolonged wait left Donna concerned that Alan’s health could worsen before the forms were approved.

Donna’s experience is not unique, as thousands of people across the UK face similar challenges with LPA applications. Financial and health LPAs have faced rejection at an alarming rate of 16.5% since 2018, according to data from the wealth manager Quilter.

In the past two financial years, the number of rejections has spiked, causing distress and uncertainty for many families. During the 2021-22 financial year, a staggering 31,254 LPAs were rejected, with the following year seeing only a slight dip to 29,124 rejections. These figures are significantly higher than in previous years, reflecting the growing concerns surrounding the LPA process.

Rosie Hooper from Quilter highlighted the difficulties applicants face, stating, “Navigating through the complexities of LPA applications can often feel like a difficult path.”

The primary reason for the high rejection rates lies in families’ lack of understanding of the legal requirements outlined in the Mental Health Capacity Act, according to Nicola Bushby from the law firm Boodle Hatfield. Many applicants inadvertently include instructions that violate the Act, leading to their forms being rejected.

Bushby emphasised the need for clearer guidance for families, suggesting that better alignment with the Mental Health Capacity Act could alleviate the issue. One common mistake involves the signing order, where improper sequencing invalidates the LPA.

Sarah Lockyer from the law firm Nockolds further highlighted potential pitfalls, noting that any mistakes on the form must be corrected in a specific manner, with initials from all involved parties to validate the changes. The use of Tipp-Ex is strictly prohibited, she warned.

In response to the rising concerns, the Ministry of Justice assured that plans to modernise and simplify the LPA process are underway, aiming for quicker and error-free applications, while strengthening fraud protection.

A Ministry of Justice spokesperson told The Pembrokeshire Herald: “If an application is started on our online LPA service, any issues will be highlighted so they can be rectified before the application is printed, signed and sent in to be registered.”

“Plans to modernise and simplify LPAs are going through Parliament — meaning the process will be quicker, with fewer errors and better protection from fraud.”

As families like Donna and Alan’s continue to navigate the intricate LPA landscape, it remains essential for individuals to seek expert advice and fully comprehend the intricacies of the process. With improvements on the horizon, hope shines through that the bureaucratic roadblocks will be cleared, allowing families to secure a lasting power of attorney with greater ease and confidence.

Adapted from an article originally appearing in The Times

Crime

Whitland father acquitted of child cruelty but faces family court proceedings

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A 45-YEAR-OLD father from Whitland has been found not guilty of child cruelty following a decision by the Crown Prosecution Service (CPS) to discontinue the case.

The man, who cannot be named to protect the identity of his children, had been charged with assaulting, ill-treating, neglecting, or abandoning a child in a way that could cause unnecessary suffering or injury. He had denied the allegations and was set to stand trial on June 16.

The case was reviewed at Swansea Crown Court on Wednesday (Mar 5), where prosecutor Dean Pulling confirmed that the CPS had decided not to proceed with a criminal trial. He explained that subjecting the children to the process was not deemed to be in the public interest.

“The matter will be addressed in the family court,” Mr Pulling stated, adding that the decision did not diminish the statements provided by the children.

With no evidence presented by the prosecution, Judge Catherine Richards formally recorded a not guilty verdict. She noted that the CPS had carefully considered its decision, clarifying that while the criminal case had concluded, it had no impact on the separate family court proceedings.

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Campaign against US military radar in Pembrokeshire gains political backing

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CAMPAIGNERS from Pembrokeshire-based PARC Against DARC visited the Senedd on Wednesday (March 5) to present their opposition to the proposed Deep Space Advanced Radar Concept (DARC) at Brawdy. The group argues the AUKUS-backed military proposal, supported by US President Donald Trump, could escalate tensions in space with China.

Twelve Members of the Senedd (MSs) from various political parties have endorsed a Statement of Opinion recognising widespread opposition to the project. The statement highlights concerns over DARC’s visual impact, potential health risks, and regional security implications. A petition against the proposal has gathered nearly 17,000 signatures, with campaigners calling for a Welsh Government commission to assess the issue.

Political support growing

A spokesperson for PARC Against DARC said: “Today marks a significant shift in the political impact of our campaign. We now have cross-party backing, including from Welsh Labour MSs, strong support from Plaid Cymru, and support from the Welsh Liberal Democrats’ Senedd representative, Jane Dodds.

“For the many people opposing DARC in Pembrokeshire, this shows the Senedd at its best—reflecting the views of the people who elect it. We urge all MSs to heed our community’s concerns and support the Statement of Opinion.”

The spokesperson continued: “The proposal to construct a 27-dish radar array on the skyline of the St Davids peninsula—a natural treasure and a key attraction for Welsh tourism—has been ill-conceived from the outset. The Senedd Members we met today are standing on the right side of history by opposing it.”

Concerns over militarisation

Sioned Williams MS attended the event, stating: “Plaid Cymru has a proud tradition of promoting peace, and this US militaristic project has no place in Wales.”

The campaigners argue that the DARC radar would serve Trump’s agenda for US space dominance and support Elon Musk’s rapidly expanding SpaceX network. They said: “Local opposition to this project is strong, with Pembrokeshire having a long history of resisting such proposals.

“With ‘untrustable Trump’ in the White House and Keir Starmer acting as a subordinate UK partner, we cannot assume the US will remain a reliable ally by the time DARC is completed. If this goes ahead, we risk inviting the enemy inside the gate.”

The ‘Highlighting Militarism in Wales’ event featured speeches from local PARC campaigners Roy Jones and Jim Scott, along with presentations from Academi Heddwch, Cymdeithas y Cymod, Quakers Wales, the Cardiff UN Association, and Stop the War Cardiff.

Peace vigil held at Senedd

Following the presentations, a televised Vigil for Peace took place on the steps of the Senedd. Ali Lochhead from CND Cymru spoke about the group’s vision for a peaceful Wales. The event concluded with a performance by Côr Cochion Choir and the symbolic release of two peace doves.

Heledd Fychan MS, who sponsored the event, said: “On this UN International Day for Disarmament and Non-Proliferation Awareness, I am proud to support this event highlighting militarism in Wales.

“Plaid Cymru has a long-standing history of opposing militarism and advocating for peace. We remain committed to supporting Pembrokeshire residents in their fight against the DARC project. Today’s discussions were insightful and provided Senedd Members with a deeper understanding of the strength of opposition.”

Call to reduce military spending

Campaigners also criticised the global arms race, stating: “While Trump’s erratic realignment of global power is dangerous and unpredictable, we support his suggestion that all superpowers should reduce military spending.

“Scrapping unnecessary AUKUS infrastructure like DARC would be a meaningful step towards ending the cycle of militarisation. We, along with other campaigners in the Senedd today, believe public resources should be invested in developing future technologies and improving lives, rather than continuing outdated and unaffordable military standoffs.”

PARC Against DARC is urging Welsh residents to sign their petition and email Senedd Members to oppose the project. A template for lobbying is available on the campaign’s website: www.parcagainstdarc.com/lobbying.

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Pembrokeshire Council Tax rise for residents at 9.35% agreed

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PEMBROKEHIRE taxpayers are to see their bills increase by 9.35 percent after “political tribalism was set aside,” but an alternative lower proposal by the Conservative group was defeated.

Today’s March 6 meeting of full council was to consider three potential increases in council tax, 9.85 percent previously recommended by Cabinet, a 9.35 percent rise proposed by the Independent group led by Cllr Huw Murphy, which was later supported by the ruling coalition, and a 7.5 percent rate proposed by the Conservative group.

The council was to decide the annual budget, which includes the council tax element, on February 20 but that meeting was deferred until March 6, in part awaiting the final Welsh government local government settlement, which saw the county gain a small amount of extra money, worth roughly an extra £500,000, reducing its funding gap to £26.9m.

At the March 6 meeting, Cabinet member for finance Cllr Joshua Beynon moved the Independent-proposed budget be adopted rather than the previous 9.85 percent council tax rise one, seconded by Independent group member Cllr Alan Dennison.

The 9.35 percent increase adds £141.25 to the average bill over last year’s rate.

The Conservatives’ alternate budget of 7.5 percent was proposed by group leader Cllr Di Clements, saying there was a need to make “tough choices” with “a limited pot,” adding last year’s council tax increase of 12.5 percent was “one of the highest in the UK,” with “a significant rise” again proposed this year.

The Conservative proposals included addressing deficits in council leisure services by partnering with a national leisure trust, along with increasing the education budget by £6.6 million in the next financial year.

Cllr Clements added: “The budget choices will get harder and harder, we believe we cannot keep doing the same thing, slicing services until there is nothing left, that is why we are looking at alternate ways of providing services.”

She was joined by group spokesman for finance Cllr Aled Thomas who said people were “sick and tired of the status quo,” adding: “Taxpayers shouldn’t be burdened with failures of this local authority, whether vanity projects or failures to make efficiency savings; it is the taxpayer that pays for this, we owe it to them to be responsible.”

Cllr Alec Cormack, the former Cabinet member for finance, said he sympathised and supported some elements of the Conservative proposals but felt some parts were “not fully developed,” with “a very serious risk that many  of these measures would not really deliver savings in 2025-’26,” adding: “I do not feel this really leads us to a balanced budget”.

After lengthy debate, the Conservative proposal was defeated by 45 votes to 13.

Leader Cllr Jon Harvey quoted from his speech when he was elected leader, saying he was happy to work on cross-party consensus politics, adding: “Cllr Huw Murphy shared a budget proposal, which we’re grateful for, not too dissimilar to the one proposed by Cabinet, considered to be a proposal we could jointly put forward, a pragmatic approach rather than an adversarial approach.”

He told members the 9.35 percent increase would lead to a county council part of the overall tax bill for the average Band D property would now be £1,651.97 in Pembrokeshire against Ceredigion’s £1,886.57 for the forthcoming financial year.

The final bill is calculated by adding the police precept, set at £360.68 for a Band D property, and individual town and community council precepts.

He warned there were still elements in the budget that were “a risk,” with challenging efficiency savings needed.

The 9.35 percent rise was backed by 46 members, with 13 against.

Speaking after the meeting, Independent group Leader Cllr Murphy said their supported proposal was “about doing what’s right by our most vulnerable, not doing what’s necessarily popular”.

He reiterated his party being “critical friends to the Administration” who would not “oppose for the sake of opposition,” welcoming the Cabinet support his party’s proposal, where “political tribalism was set aside for the good of our residents,” welcoming it as “progressive and mature politics on a very difficult subject, namely council tax”.

“In life it’s about making the difficult decisions not about making popular decisions that we are measured against.

“No tax rise is welcomed but today was a balance of offering the lowest council tax that was realistically possible versus the services we provide, much of it statutory.”

Cllr Aled Thomas of the Conservative group reacted to the vote, saying: “It’s disappointing that the Independent Group and Cabinet came together today to vote for the continued tax and spend mindset, at the expense of Pembrokeshire residents.

“The Conservative group proposed an ambitious budget with innovative ideas signalling change, and it was great to hear members across the chamber agree that change can’t come quick enough.

“Despite today’s result, the Welsh Conservative group will continue to fight for the best value for money for the hardworking Pembrokeshire taxpayers.”

‘Your needs and priorities at the forefront’

After the meeting Cabinet Member for Corporate Finance and Efficiencies Cllr Joshua Beynon, said: “I want to reassure residents that this budget has been set with your needs and priorities at the forefront.

“Pembrokeshire, like all local authorities, faces significant challenges and increasing demands on key service areas. But we are determined to navigate them in a way that safeguards our communities and ensures we continue to deliver for Pembrokeshire.”

Leader of the Council, Cllr Jon Harvey said: “Setting a balanced budget is a legal requirement and is the responsibility of Council, not Cabinet. When I was elected to the role of Leader last May, I made reference to the fact that I wished to build as much consensus as possible within the Chamber.

“This budget highlights that by working together to identify common aims and objectives, we can achieve an agreed outcome.

“As we are all too aware, the pressures across Welsh local government services are immense.

“In light of the challenges we’ve faced in recent years and continue to face, this budget will help us to avoid devastating, deeply unpopular cuts to services. It’s the only way we can protect the vital services our community relies on, while laying the groundwork for a sustainable, thriving future for Pembrokeshire.

In approving this budget we have sought to find a delicate balance between safeguarding our future and recognising the very real cost-of-living pressures faced by families in Pembrokeshire every single day.

“I became a Councillor to improve peoples lives, to help those in need and to support those who are struggling.

“Those of us that represent wards with high levels of social deprivation will only know too well how much our residents rely upon the services provided by the Council. This budget will support those in our communities that need our services most, whether this is our school children, vulnerable children and our elderly residents.

“Finally, I would like to thank the Finance Team and the Cabinet Member for Finance for all the hard work they have put in over many months on the budget proposals, to ensure we are best positioned to face the challenges ahead.”

Cllr Huw Murphy added: “On becoming Independent Group leader with Cllr Anji Tinley elected Deputy we released a statement that as a Group of Independent Councillors we would be critical friends to the Administration, and neither would we “oppose for the sake of opposition” and this can be clearly evidenced over the last 10 months within Council. 

“We also stated that the Independent Group would challenge decisions which might have a negative impact on residents and where possible present alternative options. The recent budget setting is a testament to the integrity of the Independent Group where on Feb 20th we prevented a possible Council Tax of 9.85% by adjourning a meeting of Council to await a final financial settlement from WG.

“The Independent Group then prepared & submitted an alternative budget offering a lower Council Tax of 9.35% along with fewer cuts in services, which passed today (at Full Council). The decision of Cabinet in supporting the alternative budget rather than opposing it is to be welcomed where the (vast) majority of Councillors accepted the need to discharge their statutory duties where political tribalism was set aside for the good of our residents is welcomed as progressive and mature politics on a very difficult subject, namely Council Tax.

“No Tax rise is welcomed but today was a balance of offering a lower Council Tax whilst recognising the need to find appropriate reductions in certain service areas.

“Moving forward there is much work to be done within Pembrokeshire and further afield in Cardiff & London to secure adequate funding to provide services Pembrokeshire residents deserve. As a Group of Independent Councillors, we will continue to work hard for all Pembrokeshire residents in raising their concerns and holding the Administration to account.”

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