Personal information charter - Office of the Public Guardian - GOV.UK
Archived: 2026-04-23 17:17
Personal information charter - Office of the Public Guardian - GOV.UK
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Personal information charter
The data we hold about you, your rights and how to contact us about it.
Office of the
Public Guardian
Office of the Public Guardian
The Ministry of Justice (MoJ) is committed to the protection and security of your personal information.
It is important that you read this notice so that you are aware of how and why we are using such information. This privacy notice describes how we collect and use personal information during and after your relationship with us, in accordance with data protection law. It will be updated regularly.
The Office of the Public Guardian is an Executive Agency of the MoJ. MoJ is the data controller for the personal data used for the purposes of:
registering lasting powers of attorney (LPA)
supervision of deputies and guardians
investigating concerns about how an attorney, deputy or guardian is acting on behalf of a donor, client or missing person
You can find full details of their obligations under the data protection laws in the
MoJ personal information charter
.
The type of personal data we process
We currently collect and use the following information:
name
date of birth
address
contact details
financial information
decisions taken on behalf of the donor, client or missing person
audio recordings of telephone calls to our contact centre
your computer’s Internet Protocol (IP) address when using our online services
We may also collect or be provided with special categories of information, such as:
race or ethnicity religious or philosophical beliefs, for example to assess whether an attorney or deputy is acting in the client’s best interests
health, sex life or sexual orientation, for example, health records including hospital admissions, medication taken, mental capacity assessments
criminal convictions, for example unspent convictions declared by a proposed deputy, or provided by another public body such as a local authority or police
How we get your personal data and why we have it
Most of the personal information we process is provided to us directly by you for one of the following reasons:
when you apply to register a Lasting Power of Attorney (LPA), so we can register your LPA
when you complete an LPA application form using the service, so we can register your LPA
you’re appointed as a deputy under the Mental Capacity Act 2005
you’re appointed as a guardian under the Guardianship (Missing Persons) Act 2017
you’re visited by a Court of Protection visitor to review P (or protected person) or donor you are responsible for, so we can support you in your role, and
supervise court-appointed deputies
you pay a fee using a credit card, debit card or by direct debit, so we can process your payment
you apply for a remission or exemption of fees, so we can make sure you are charged the correct fee
you apply for a refund under the power of attorney refunds scheme or deputyship fee refunds scheme
you receive any refunds from OPG under the power of attorney refunds scheme or deputyship fee refunds scheme
you contact us with a question by email, so we can help with your query
you call us at our contact centre, so we can help you with carrying out your role or making an application for a power of attorney
you make a complaint, so we can understand and investigate your complaint
you volunteer to take part in our customer research, so we can improve our services
an investigation is triggered in your case, so we can decide whether we should take action
someone raises a concern regarding the conduct of an attorney or deputy, so we can protect people’s interests
we’re served with a copy of a witness statement, so we can comply with directions issued by the Court of Protection during legal proceedings
we help to facilitate a security bond, so we can make sure there is compliance with the court order, including assisting bond providers in ensuring premiums are paid.
we review your deputy report, so we can support and supervise court-appointed deputies
We also receive personal information indirectly. For example, from:
the Court of Protection, so we can support and supervise court-appointed deputies
local authorities and social services, to ensure vulnerable people are safeguarded, and to obtain social work and care records to assist when we are investigating concerns
police forces, to assist with law enforcement activity
the Department for Work and Pensions, to verify contact information and details of benefits in payment
Social Security Scotland, to verify contact information and details of benefits in payment
other government departments and agencies as appropriate
the NHS, to obtain medical records of vulnerable people where we are investigating concerns
Court of Protection visitors, when a visitor is commissioned to produce a report for the Public Guardian or Court of Protection
the Solicitors Regulatory Authority, to assist their investigations into solicitors who are appointed as an attorney or deputy
third parties who raise safeguarding concerns
third parties who object to the registration of an LPA
We use the personal data we receive to:
support the Public Guardian to protect the interests of people who may lack capacity
maintain a register of enduring powers of attorney (EPA), lasting powers of attorney (LPA), court-appointed guardians and court-appointed deputies
supervise court-appointed deputies
supervise court-appointed guardians
take legal action to protect the interests of vulnerable people
promote OPG’s services
conduct customer research
maintain OPG’s accounts and annual reports
carry out analysis of OPG’s data using the MoJ Analytical Platform
train staff on OPG processes and systems
consult with approved third-party organisations to develop and improve our internal processes
We may share this information with:
the Court of Protection
parties to proceedings when we take legal action at the Court of Protection (as required by a court order or the court procedure rules)
Court of Protection visitors
barristers’ chambers (to represent OPG in legal proceedings and to provide legal advice)
the Government Legal Department (to represent OPG in legal proceedings and to provide legal advice)
the police
local authorities and social services
Department for Work and Pensions
Social Security Scotland
other government departments and agencies
the NHS
bond providers (who provide insurance to deputies)
Shared Services Connected Limited (processes financial transactions relating to customers on behalf of MoJ, such as cheque processing, refunds and direct debit payments)
Amazon Web Services (hosts our primary case management system)
Atos (hosts our corporate network infrastructure)
Vodafone and BT (provides telephony services to MoJ, including our contact centre)
Notify (to send updates to customers by text message, e-mail or letters)
Xerox Hybrid Mail (to send letters to customers)
Access UK (hosts our legal case management system)
Microsoft to support development of artificial intelligence (AI) tools
individuals who request a search of our public registers
You can find out more information on
disclosure of information through the registers
.
This list is not exhaustive and any decision to share information will be made on a case-by-case basis in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018).
Under the UK General Data Protection Regulation (UK GDPR) we can process your information because we need it to perform a public task.
The legal reason the MoJ can process special categories of information because of the substantial public interest in the MoJ complying with our legal obligations (statutory and governmental purposes).
The legal reasons OPG can process personal data when carrying out its public task to support the Public Guardian come from:
the
Mental Capacity Act 2005
the
Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007
the
Guardianship (Missing Persons) Act 2017
Use of Artificial Intelligence (AI)
Artificial intelligence (AI) is the theory and development of digital technology to be able to perform tasks normally requiring human intelligence. This includes the creation or use of large language models and machine learning.
OPG uses AI and other automated technologies to help improve the efficiency of some of our processes. AI tools may be used to support activities such as data analysis, quality assurance, and generating or updating guidance materials. Any use of AI is carefully assessed to ensure it complies with data protection law, aligns with OPG’s statutory functions, and does not make decisions that have a direct effect on individuals without appropriate human review. The use of AI is continually monitored and governed in line with MoJ policies, ensuring your personal data remains protected and used fairly, transparently and lawfully.
International Data Transfers
Personal data is transferred to the Republic of Ireland for the purpose of hosting our primary case management system and hosting the data held on the MoJ Analytical Platform. These international transfers comply with UK data protection law.
How we store your personal data
Personal data is stored securely and in accordance with our
data retention schedule
. At the end of this period your data is disposed of. Data held on the MoJ Analytical Platform is retained for 20 years.
When it comes to your personal information you have the right to:
access: you can ask us for copies
rectification: you can ask us to rectify it if you think it is inaccurate and to ask us to complete information you think is incomplete
erasure: you can ask us to erase it in certain circumstances
restriction of processing: you can ask us to restrict the processing of it in certain circumstances
object to processing: you can object to the processing of it in certain circumstances
data portability: you can ask us to transfer it to another organisation, or to you, in certain circumstances
Depending on the lawful basis on which your personal data is being processed, not all rights will apply.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. You may be asked to provide proof of identity when making a request. If you wish to exercise your data protection rights please contact:
For Subject Access Requests:
Disclosure Team
Post point 10.38
102 Petty France
London
SW1H 9AJ
data.access@justice.gov.uk
You can also make your Subject Access Request via our online service:
Request personal information from the Ministry of Justice - GOV.UK
Requests can also be made verbally by telephoning us.
For other requests:
Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH
opgdatacompliance@publicguardian.gov.uk
How to complain
If you have any concerns about our use of your personal data, you can contact the MoJ Data Protection Officer.
Data Protection Officer
Ministry of Justice
5th Floor, Post Point 5.12
102 Petty France
London
SW1H 9AJ
dpo@justice.gov.uk
You can also complain to the ICO if you are unhappy with how we have used your data.
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Helpline number: 0303 123 1113
ICO website:
www.ico.org.uk
Date of last review 12 December 2025
Contents
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Cookies on GOV.UK
We use some essential cookies to make this website work.
We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services.
We also use cookies set by other sites to help us deliver content from their services.
You have accepted additional cookies.
You can
change your cookie settings
at any time.
You have rejected additional cookies.
You can
change your cookie settings
at any time.
View cookies
Skip to main content
Personal information charter
The data we hold about you, your rights and how to contact us about it.
Office of the
Public Guardian
Office of the Public Guardian
The Ministry of Justice (MoJ) is committed to the protection and security of your personal information.
It is important that you read this notice so that you are aware of how and why we are using such information. This privacy notice describes how we collect and use personal information during and after your relationship with us, in accordance with data protection law. It will be updated regularly.
The Office of the Public Guardian is an Executive Agency of the MoJ. MoJ is the data controller for the personal data used for the purposes of:
registering lasting powers of attorney (LPA)
supervision of deputies and guardians
investigating concerns about how an attorney, deputy or guardian is acting on behalf of a donor, client or missing person
You can find full details of their obligations under the data protection laws in the
MoJ personal information charter
.
The type of personal data we process
We currently collect and use the following information:
name
date of birth
address
contact details
financial information
decisions taken on behalf of the donor, client or missing person
audio recordings of telephone calls to our contact centre
your computer’s Internet Protocol (IP) address when using our online services
We may also collect or be provided with special categories of information, such as:
race or ethnicity religious or philosophical beliefs, for example to assess whether an attorney or deputy is acting in the client’s best interests
health, sex life or sexual orientation, for example, health records including hospital admissions, medication taken, mental capacity assessments
criminal convictions, for example unspent convictions declared by a proposed deputy, or provided by another public body such as a local authority or police
How we get your personal data and why we have it
Most of the personal information we process is provided to us directly by you for one of the following reasons:
when you apply to register a Lasting Power of Attorney (LPA), so we can register your LPA
when you complete an LPA application form using the service, so we can register your LPA
you’re appointed as a deputy under the Mental Capacity Act 2005
you’re appointed as a guardian under the Guardianship (Missing Persons) Act 2017
you’re visited by a Court of Protection visitor to review P (or protected person) or donor you are responsible for, so we can support you in your role, and
supervise court-appointed deputies
you pay a fee using a credit card, debit card or by direct debit, so we can process your payment
you apply for a remission or exemption of fees, so we can make sure you are charged the correct fee
you apply for a refund under the power of attorney refunds scheme or deputyship fee refunds scheme
you receive any refunds from OPG under the power of attorney refunds scheme or deputyship fee refunds scheme
you contact us with a question by email, so we can help with your query
you call us at our contact centre, so we can help you with carrying out your role or making an application for a power of attorney
you make a complaint, so we can understand and investigate your complaint
you volunteer to take part in our customer research, so we can improve our services
an investigation is triggered in your case, so we can decide whether we should take action
someone raises a concern regarding the conduct of an attorney or deputy, so we can protect people’s interests
we’re served with a copy of a witness statement, so we can comply with directions issued by the Court of Protection during legal proceedings
we help to facilitate a security bond, so we can make sure there is compliance with the court order, including assisting bond providers in ensuring premiums are paid.
we review your deputy report, so we can support and supervise court-appointed deputies
We also receive personal information indirectly. For example, from:
the Court of Protection, so we can support and supervise court-appointed deputies
local authorities and social services, to ensure vulnerable people are safeguarded, and to obtain social work and care records to assist when we are investigating concerns
police forces, to assist with law enforcement activity
the Department for Work and Pensions, to verify contact information and details of benefits in payment
Social Security Scotland, to verify contact information and details of benefits in payment
other government departments and agencies as appropriate
the NHS, to obtain medical records of vulnerable people where we are investigating concerns
Court of Protection visitors, when a visitor is commissioned to produce a report for the Public Guardian or Court of Protection
the Solicitors Regulatory Authority, to assist their investigations into solicitors who are appointed as an attorney or deputy
third parties who raise safeguarding concerns
third parties who object to the registration of an LPA
We use the personal data we receive to:
support the Public Guardian to protect the interests of people who may lack capacity
maintain a register of enduring powers of attorney (EPA), lasting powers of attorney (LPA), court-appointed guardians and court-appointed deputies
supervise court-appointed deputies
supervise court-appointed guardians
take legal action to protect the interests of vulnerable people
promote OPG’s services
conduct customer research
maintain OPG’s accounts and annual reports
carry out analysis of OPG’s data using the MoJ Analytical Platform
train staff on OPG processes and systems
consult with approved third-party organisations to develop and improve our internal processes
We may share this information with:
the Court of Protection
parties to proceedings when we take legal action at the Court of Protection (as required by a court order or the court procedure rules)
Court of Protection visitors
barristers’ chambers (to represent OPG in legal proceedings and to provide legal advice)
the Government Legal Department (to represent OPG in legal proceedings and to provide legal advice)
the police
local authorities and social services
Department for Work and Pensions
Social Security Scotland
other government departments and agencies
the NHS
bond providers (who provide insurance to deputies)
Shared Services Connected Limited (processes financial transactions relating to customers on behalf of MoJ, such as cheque processing, refunds and direct debit payments)
Amazon Web Services (hosts our primary case management system)
Atos (hosts our corporate network infrastructure)
Vodafone and BT (provides telephony services to MoJ, including our contact centre)
Notify (to send updates to customers by text message, e-mail or letters)
Xerox Hybrid Mail (to send letters to customers)
Access UK (hosts our legal case management system)
Microsoft to support development of artificial intelligence (AI) tools
individuals who request a search of our public registers
You can find out more information on
disclosure of information through the registers
.
This list is not exhaustive and any decision to share information will be made on a case-by-case basis in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018).
Under the UK General Data Protection Regulation (UK GDPR) we can process your information because we need it to perform a public task.
The legal reason the MoJ can process special categories of information because of the substantial public interest in the MoJ complying with our legal obligations (statutory and governmental purposes).
The legal reasons OPG can process personal data when carrying out its public task to support the Public Guardian come from:
the
Mental Capacity Act 2005
the
Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007
the
Guardianship (Missing Persons) Act 2017
Use of Artificial Intelligence (AI)
Artificial intelligence (AI) is the theory and development of digital technology to be able to perform tasks normally requiring human intelligence. This includes the creation or use of large language models and machine learning.
OPG uses AI and other automated technologies to help improve the efficiency of some of our processes. AI tools may be used to support activities such as data analysis, quality assurance, and generating or updating guidance materials. Any use of AI is carefully assessed to ensure it complies with data protection law, aligns with OPG’s statutory functions, and does not make decisions that have a direct effect on individuals without appropriate human review. The use of AI is continually monitored and governed in line with MoJ policies, ensuring your personal data remains protected and used fairly, transparently and lawfully.
International Data Transfers
Personal data is transferred to the Republic of Ireland for the purpose of hosting our primary case management system and hosting the data held on the MoJ Analytical Platform. These international transfers comply with UK data protection law.
How we store your personal data
Personal data is stored securely and in accordance with our
data retention schedule
. At the end of this period your data is disposed of. Data held on the MoJ Analytical Platform is retained for 20 years.
When it comes to your personal information you have the right to:
access: you can ask us for copies
rectification: you can ask us to rectify it if you think it is inaccurate and to ask us to complete information you think is incomplete
erasure: you can ask us to erase it in certain circumstances
restriction of processing: you can ask us to restrict the processing of it in certain circumstances
object to processing: you can object to the processing of it in certain circumstances
data portability: you can ask us to transfer it to another organisation, or to you, in certain circumstances
Depending on the lawful basis on which your personal data is being processed, not all rights will apply.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. You may be asked to provide proof of identity when making a request. If you wish to exercise your data protection rights please contact:
For Subject Access Requests:
Disclosure Team
Post point 10.38
102 Petty France
London
SW1H 9AJ
data.access@justice.gov.uk
You can also make your Subject Access Request via our online service:
Request personal information from the Ministry of Justice - GOV.UK
Requests can also be made verbally by telephoning us.
For other requests:
Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH
opgdatacompliance@publicguardian.gov.uk
How to complain
If you have any concerns about our use of your personal data, you can contact the MoJ Data Protection Officer.
Data Protection Officer
Ministry of Justice
5th Floor, Post Point 5.12
102 Petty France
London
SW1H 9AJ
dpo@justice.gov.uk
You can also complain to the ICO if you are unhappy with how we have used your data.
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Helpline number: 0303 123 1113
ICO website:
www.ico.org.uk
Date of last review 12 December 2025
Contents
Is this page useful?
Maybe
Thank you for your feedback
Help us improve GOV.UK
To help us improve GOV.UK, we’d like to know more about your visit today.
Please fill in this survey (opens in a new tab
)
.