Office of the Public Guardian Welsh language scheme This scheme was prepared under section 21 of the Welsh Language Act 1993 and in accordance with guidelines issued by the Welsh Language Board under section 9 of the Act. The Welsh Language Board was abolished on 31 March 2012 following approval of the Welsh Language (Wales) Measure 2011. The work of the board was transferred to the Welsh Language Commissioner and to the Welsh Government. The Welsh Language (Wales) Measure 2011 introduces statutory standards which will replace Welsh language schemes. The standards will specify how named organisations should use the Welsh language. A number of organisations are already operating Welsh Language Standards. Over time, more organisations will come under a statutory duty to comply with Welsh Language Standards as that system replaces the Welsh language scheme system provided under the Welsh Language Act 1993. At present, some organisations, such as Crown Bodies, like OPG, are not under a legal duty to comply with Standards. This does not, however, mean that there will not be a requirement on the Office of the Public Guardian to comply with Welsh Language Standards in the future. In the meantime, the Office of the Public Guardian will continue to implement its Welsh language scheme and will revise it in order to strengthen it and will review this scheme within three years of it coming into effect. This revised scheme was approved by the Welsh Language Commissioner on 28 February 2020.
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Office of the Public Guardian Welsh language scheme
This scheme was prepared under section 21 of the Welsh Language Act 1993 and in accordance
with guidelines issued by the Welsh Language Board under section 9 of the Act.
The Welsh Language Board was abolished on 31 March 2012 following approval of the Welsh
Language (Wales) Measure 2011. The work of the board was transferred to the Welsh Language
Commissioner and to the Welsh Government.
The Welsh Language (Wales) Measure 2011 introduces statutory standards which will replace
Welsh language schemes. The standards will specify how named organisations should use the
Welsh language. A number of organisations are already operating Welsh Language Standards.
Over time, more organisations will come under a statutory duty to comply with Welsh Language
Standards as that system replaces the Welsh language scheme system provided under the Welsh
Language Act 1993.
At present, some organisations, such as Crown Bodies, like OPG, are not under a legal duty to
comply with Standards. This does not, however, mean that there will not be a requirement on the
Office of the Public Guardian to comply with Welsh Language Standards in the future. In the
meantime, the Office of the Public Guardian will continue to implement its Welsh language scheme
and will revise it in order to strengthen it and will review this scheme within three years of it coming
into effect.
This revised scheme was approved by the Welsh Language Commissioner on 28 February 2020.
Foreword by Nick Goodwin
Public Guardian and Chief Executive of the Office of the Public Guardian
Under the Welsh Language Act 1993, every public body providing services to the public in Wales
has to prepare a scheme setting out how it will provide those services in Welsh.
We have adopted the principle that in the conduct of public business and the administration of
justice in Wales, so far as is both appropriate in the circumstances and reasonably practical, the
Welsh and English languages should be treated on a basis of equality.
I am pleased to present our Welsh language scheme which outlines how we will give effect to that
principle when providing services to the public in Wales. This includes individuals, legal persons
and corporate bodies, including voluntary organisations; charities, directors and others
representing limited companies. It does not include persons who are acting in a capacity, which is
representative of the Crown, Government or the State.
Nick Goodwin
This information is also available at www.gov.uk/opg
1. Introduction
1.1 Our organisation
The Office of the Public Guardian (OPG) provides services to support property and financial and
health and welfare decision-making on behalf of people who lack mental capacity under the Mental
Capacity Act 2005 (MCA).
From 31 July 2019, OPGs responsibilities extended to supporting property and financial decision
making on behalf of missing persons under the Guardianship (Missing Persons) Act 2017.
OPG is an executive agency of the Ministry of Justice with offices in London, Birmingham and
Nottingham. It works in England and Wales, with separate arrangements in Scotland and Northern
Ireland.
OPG was established on 1 October 2007 to support the Public Guardian in carrying out the
following legal functions of the MCA
maintaining a register of Lasting and enduring powers of attorney (LPAs and EPAs)
maintaining a register of court orders, which appoint deputies
supervising deputies appointed by the Court of Protection
investigating representations about registered attorneys or deputies.
From 31 July 2019, these functions extended to
maintaining a register of court orders which appoint guardians
supervising guardians appointed by the High court
investigating representations about registered guardians
In Welsh, OPG is called Swyddfa’r Gwarcheidwad Cyhoeddus.
2. Planning and providing services
2.1 Policies and initiatives
Our policies, initiatives and services will be consistent with this scheme. OPG will consult the
Welsh Language Commissioner about proposals affecting the scheme or affect the schemes of
other organisations. We will not alter this scheme without the Commissioners approval.
When considering the development and implementation of policies and initiatives, we will ensure
that staff and advisers involved are aware of the scheme and our responsibilities under the Welsh
Language Act.
We will assess the linguistic consequences of any policies and initiatives affecting our service to
the public in Wales. We will also endeavour to ensure that our policies and initiatives promote and
facilitate the use of Welsh and move the organisation closer to treating the Welsh and English
languages on the basis of equality.
All policies and initiatives will be consistent with this scheme and the measures contained within it
and will not undermine it.
Whenever possible, our consultation documents will discuss the relationship between the Welsh
language and the policies, initiatives and services under development.
We will take advantage of every opportunity to ensure that new legislation supports the use of
Welsh.
When we contribute to the development and/or delivery of policies, initiatives, services or
legislation led by other organisations, we will do so in a way that is consistent with this scheme.
2.2 Providing services
We will ensure that as many as possible of our services are available in Welsh – and we will let the
public know how to get access to them.
For example, we include strap lines on all of our forms to inform users that they are available in
Welsh; users are able to use a toggle function on our GOV.uk pages to move between English and
Welsh languages; and within invitations we inform invitees of the availability of translation services
for meetings.
2.3 Services delivered on behalf of the OPG by third parties
Any arrangements which we make with third parties will be consistent with the relevant parts of this
scheme.
2.4 Standards of quality
Services provided in Welsh and English will be of equal quality and provided within the same timescale.
3. Dealing with the Welsh-speaking public
New customers will be asked at first contact if they prefer to communicate with us in Welsh or
English and we will inform our existing customers that the service is available to them. Responses
will be placed on a central record and all future communications to the customer will be in their
preferred language.
We will use a scoring system, to be agreed with the Commissioner, to identify objectively any
standard or circular correspondence which need not be published in Welsh or bilingually (for
instance, when the correspondence is very technical or lengthy).
3.1 Written communication (including email)
Members of the public are welcome to correspond with the OPG in either Welsh or English.
Anyone who wants to communicate with us by email in Welsh will receive a standard automatic
bilingual acknowledgment response; this acknowledgement will advise them that if they have
emailed us in Welsh, a full response in Welsh will follow.
When we receive correspondence in Welsh, we will respond in Welsh within the same timescale as
English correspondence. Where we cannot reply fully in this timescale, we will write and explain in
Welsh.
Due to data protection law, it’s not always possible to deal with enquiries by email. In these
situations, we will send a Welsh or bilingual letter in response to an email within the same
timescale as we would deal with other correspondence.
Correspondence sent to us in Welsh should not itself lead to a delay.
Subject to the scoring system referred to above, when we send standard or circular
correspondence to several recipients in Wales, it will be bilingual unless we know that all recipients
would prefer to receive it in Welsh or English only.
If Welsh and English versions of any correspondence have to be published separately, our normal
practice will be to ensure that both versions are available at the same time.
Enclosures sent with Welsh or bilingual letters will be Welsh or bilingual (whichever is applicable),
when available.
All Welsh language correspondence that we issue will be signed, either in Welsh or bilingually.
3.2 Decision letters
A decision letter is a letter aimed at a wider public audience.
If a decision letter is intended to convey policy to a much wider audience than those directly
involved with an inquiry or other statutory procedure, we will treat it, under this scheme, as a
publication.
3.3 Phone communications
Because of our location, it is not practical for us to conduct phone conversations in Welsh.
However, if a caller wishes to use Welsh, they will be given two options:
continuing the call in English
or
writing in to us in Welsh and receiving a written response to the enquiry in Welsh.
3.4 Public meetings and conferences in Wales
We welcome the use of Welsh and English at our public meetings and conferences in Wales. We
will state this in publicity and will advise the public about how they can tell us in advance that they
wish to speak in Welsh. If they do, we will make sure that there is simultaneous interpretation or
translation available.
We will ensure that public notices, invitations and other information setting out arrangements for
OPG meetings and conferences are circulated in Welsh to those recipients whom we know prefer
to communicate in Welsh. Where a preferred language is not known, bilingual documents will be
made available.
All reports and papers produced after public meetings will be published in Welsh and English.
3.5 Visits
Visitors provide independent advice to the Public Guardian and the Court of Protection; they are
required to report on cases with deputy orders, lasting powers of attorney and registered enduring
powers of attorney.
Before we carry out visits in Wales, we will send Welsh invitations and information to those who
have told us they want to communicate in Welsh. If we don’t know their preference, we’ll send
bilingual information.
We will ask those who receive a visit whether they wish to receive an assessment in Welsh, and
provide the assessment in accordance with their language choice. We have three Welsh speaking
visitors. This will be regularly reviewed.
3.6 Other dealings with the public in Wales
We value the opinions of all our users and partner organisations.
When we carry out public surveys our normal practise will be to give respondents the option of
responding in Welsh or English, and if they so wish, all aspects of the survey will be conducted in
Welsh.
When we arrange seminars, training courses or similar events for the public in Wales, we will
assess the need to provide them in Welsh. During the assessment, we will consider the preferred
language of those attending and the availability of Welsh speaking trainers.
4. The Office of the Public Guardian public face
4.1 Publicity campaigns, exhibitions and advertising
We’ll produce all our publicity, public information, exhibition and advertising material for use in
Wales either:
in Welsh
bilingually
as separate Welsh and English versions.
If we publish Welsh and English versions separately, they’ll be the same size and quality and have
the same prominence. Both versions will be available at the same time and will be equally
accessible.
Advertisements and other material placed in English language newspapers (or similar) that are
distributed mainly or wholly in Wales will be bilingual or appear as separate Welsh and English
versions.
If we place Welsh and English versions, it’ll be at the same time and they’ll be the same size and
quality with equal prominence.
We will only place Welsh advertisements in Welsh language publications.
Television, cinema, broadband and radio advertising in Wales will be in Welsh and English.
Television campaigns on S4C during Welsh programming hours will be in Welsh. Radio campaigns
broadcast during Welsh language programmes on commercial radio stations will be in Welsh.
We will avoid using Welsh language subtitles or dubbing adverts into Welsh (with the exception of
voiceovers).
Audio-visual displays, audio tours and interactive media will be bilingual.
4.2 Corporate identity
We will adopt a fully bilingual corporate identity on all correspondence, documents and publications
produced for the public in Wales. This will include the Welsh translation of the OPG title
(Swyddfa’r Gwarcheidwad Cyhoeddus).
We will provide translations and artwork to publishers, agents, contractors and others who need to
reproduce our corporate image.
4.3 Publications and forms
We are committed to ensuring that all materials directed at the public in Wales are published and
printed in bilingual form where reasonably practical, taking into account size, complexity and cost.
If we can’t produce a bilingual version, separate English and Welsh versions will be made available
at the same time.
All Welsh or bilingual material produced for the public in Wales will be equal in size and format to
the English versions. We will ensure that when separate Welsh and English versions are produced
they are published at the same time.
We will consult with organisations acting on our behalf to provide public services in Wales when we
develop policies and initiatives that affect those services and ensure that they act in accordance
with our Welsh language scheme.
All documents published in English will also be published or available to the public in Welsh.
We will make sure that our bilingual or Welsh publications are available alongside the English
versions in print or on our website at GOV.UK, and at the same time.
We will translate forms received in Welsh into English without charge.
4.4 Internet
OPG does not have an independent website: we publish on GOV.UK which is the website for the
UK government maintained by the government digital service (GDS), part of the Cabinet Office.
We are responsible for providing content on our individual pages of this website such as our
homepage, forms and guidance and we will ensure these are available in English and Welsh.
GDS is responsible for providing mainstream content such as interfaces and general menus on
GOV.UK, including on our individual pages.
To ensure that the small amount of content not available in Welsh does not affect a Welsh
speakers ability to find information, we have created a Welsh index page to enable users to access
all of our Welsh language content from a central place.
4.5 Information and communications technology
We will develop, design and purchase information and communications technology (ICT) products
and services in accordance with this scheme.
We will modify our existing ICT systems to ensure we can provide information and services in
Welsh.
As we develop or procure ICT systems we will take into account the Welsh language
commissioners guidance on Technology, Websites and Software: Welsh Language
Considerations.
4.6 Official notices, public notices and staff recruitment notices
When we produce official notices, public notices and staff recruitment notices for English-language
newspapers (or similar publications) which are available mainly or wholly in Wales, they will:
be bilingual
or
appear separately in Welsh and English.
Notices in Welsh-language publications will be in Welsh.
Whether bilingual version or separate Welsh and English versions, notices will be equal in terms of
format, size, quality and prominence.
If we’re advertising a job requiring a Welsh speaker in an English-language publication, we may
write the advert in Welsh with a brief description in English.
Recruitment notices in English-language journals and other publications with a UK-wide distribution
may be in English, unless the post-holder has to speak Welsh. In this case, the notice will either be
bilingual or in Welsh with a brief explanation in English.
Official notices, public notices or staff recruitment notices placed elsewhere in Wales will be
bilingual.
4.7 Press releases and contact with the media
Press releases to the Welsh language press and broadcasting media in Wales will be issued in
Welsh, where deadlines allow. When we put press releases on the GOV.UK website, our
normpractice will be to publish these in Welsh and English and when deadlines do not allow this,
we will ensure a welsh language version is available as soon as practically possible.
5. Recruitment and training
5.1 Staffing
We do not have an office in Wales. However, we will ask all staff if they have Welsh language skills
and will keep a record of this.
5.2 Recruitment
We will consider whether fluency in Welsh should be a desirable or essential skill for jobs having
extensive and regular contact with the public in Wales; if it is, this will be stated in job
competencies and advertisements.
5.3 Language training
We will support and fund training for staff who, as part of their duties, have extensive and regular contact with the public in Wales and who wish to learn or improve their Welsh. We will allow staff to attend training during work hours.
5.4 Vocational training
Whenever practical, we will provide vocational training in Welsh to develop the ability of staff who,
as part of their duties, have extensive and regular contact with the public in Wales.
5.5 Partnership working
When we are the strategic or financial leader in a formal partnership, we will ensure that any public
service aspects comply with this scheme.
When we join a formal partnership led by another organisation, we will comply with this scheme
and will encourage the other partners to comply.
When we are a partner in a consortium, we will encourage the consortium to comply with this
scheme. When acting in the name of the consortium, we will operate in accordance with this
scheme.
The above refers only to formal partnerships dealing with services available to the public in Wales.
6. Internal arrangements
The measures in this scheme will be integrated into OPG’s usual administration.
6.1 Responsibility
The commitments and arrangements set out in this scheme carry the full authority and support of
the Public Guardian.
Local managers will be responsible for implementing the scheme day to day. Team heads will be
responsible for overall compliance. We will appoint a senior member of staff to coordinate the work
required to deliver, monitor and review this scheme.
We will prepare and continuously update a detailed action plan, to be agreed with the Welsh
Language Commissioner. It will set out how we will operate in accordance with this scheme.
The action plan will come into effect on the date on which the scheme comes into effect, or as
soon as possible thereafter. The plan will include targets, deadl ines and a progress report for each
target will be provided to the Commissioner annually. The overall aim of the action plan is to
ensure that we build on the commitments set out in this scheme.
6.2 Instructions and guidance
The scheme will be published prominently on the intranet and line managers will make sure that all
staff are aware of their responsibilities at work. Staff guidance will be published on the intranet on:
handling correspondence in Welsh
using the HMCTS Welsh Language Unit and accredited alternatives
when to issue bilingual or Welsh and English documents, publications or publicity material
the implications of this scheme for those procuring from third parties.
Where contact with the public in Wales is not specifically covered by this scheme, staff will work in
line with the scheme’s general principles.
6.3 Publicity
We will publicise the scheme, once it is agreed and approved by the Welsh language
Commissioner.
Internally, the scheme will be publicised in our:
staff newsletter
intranet
team brief
training.
Externally, the scheme will be publicised:
by press release
in a prominent position on GOV.UK
in our regular customer publication.
6.4 Freedom of Information Act and the Environmental Information Regulations
When we release information under the Freedom of Information Act or the Environmental
Information Regulations, we will translate that information into the applicant’s preferred language.
Any information summary will be provided in the applicant’s preferred language of English or
Welsh without cost, as will any information that should already be available in both languages
under the Welsh language scheme.
7. Monitoring and reporting
The policy team will monitor and review this scheme.
7.1 Monitoring
We will monitor OPG’s performance in meeting the commitments made in this scheme and against
the targets set in the scheme’s action plan. We will record the demand for services in Welsh,
including any demand for services that go beyond our existing commitments.
We will establish arrangements to monitor our performance, and that of any third party providing or
administering services on our behalf, in meeting the commitments made in this scheme.
When asked to, we will report to the Welsh Language Commissioner on our progress.
The type of information reported on will include but is not limited to:
compliance with the Welsh language scheme
the extent to which Welsh is mainstream in OPG
complaints about Welsh language provision and our responses.
7.2 Reporting on performance
We will publish information comparing performance with the standards and targets set out in this
scheme in the OPG Annual Report (or similar document). We will also produce a bilingual
monitoring report by 30 June each year, reporting on the previous financial year, that is 1 April to
31 March.
7.3 Reviewing and amending the scheme
We will review this scheme within three years of its coming into effect.
From time to time, we may review or propose amendments to this scheme, for example, because
of changes in OPG’s functions.
No changes will be made to this scheme without the Welsh Language Commissioners approval.
8. Suggestions and contact information
8.1 Complaints and suggestions for improvement
Complaints related to this scheme or suggestions for improvement should be directed to the senior
member of staff with responsibility for the scheme at the following address:
We will ensure that all staff responsible for policy, initiatives and service delivery (current and new) are aware of OPG commitments under this scheme.
By 30th April 2020.
We will include Welsh language as a consideration within equality impact assessments.
By 30th April 2020.
3. Dealing with the Welsh-speaking public
We will put measures in place to establish a customers’ preferred language of communication at first contact.
Measures are in place; these will be strengthened as we continually develop our IT systems.
4. The Office of the Public Guardian public face
We will produce Welsh language versions of guidance booklets and make these available on GOV.UK.
Most of our guidance booklets are available on GOV.UK in Welsh and the remainder are being replaced, where relevant, with updated guidance, also available in Welsh, over the next 1- 2 years.
All Practise notes will be available in Welsh by 31st
July 2020.
An updated suite of guidance for attorneys and deputies will be available
by 31st
July 2020.
We will ensure that any future public facing digital services are available in Welsh and English by default
As part of that, we will ensure that Lasting Power of Attorney (LPA) services are available in Welsh at the first possible
opportunity. The intention is to replace the current LPA system
with a fully digitalized service and we have earmarked 4 months from August 2019 to consider possible options on how to enable
that to happen.
One of the associated actions with developing this fully digital service is to ensure that there will be a live ‘Use my LPA' service available in Welsh by 30th April 2020. This service will allow those users who already have an LPA to share their details with banks and primary care providers etc digitally.
Updates will be provided to the Welsh Language Commissioner every 6 months regarding the development of a fully digital LPA service, with the first update being provided by 31st December 2019
5. Recruitment and training
We will ask all staff what Welsh language skills they possess and will keep a record of this information.
This exercise will be completed annually.
6. Internal arrangements
We will review guidance for staff on our WLS to ensure that it remains relevant, raises awareness and meets their needs.
31 December 2019.
We will regularly remind all staff of their responsibilities under this scheme and ensure that these are integrated within the normal administrative processes of the OPG.
We will publicise the scheme both internally and externally.
We will be publicising the scheme on approval of its revision. We will coincide regular reminders via internal communications timed with dates of significant importance within Wales, to be planned annually.
Within one month of aproval of this scheme.
7. Monitoring and reporting
We will monitor the demand for services in Welsh, including any demand which goes beyond the commitments we’ve made in our scheme.
We will review demand annually.
10. Scoring system for publications
The following documents will be produced in Welsh:
Mental Capacity Act Code of Practice
guidance booklets/leaflets
newsletters
letters to customers, where the customer has requested correspondence in Welsh
statutory forms
consultation documents.
If the document is not in the above list, the scoring system below will be used to determine whether
a Welsh translation should be produced.
Scoring:
0-6 points = English only at present, but might be redesigned in the future.
7-11 points = documents should be mono/bilingual but this depends on the availability of
translation resources. If a decision is made not to translate the document in its entirety, a summary
of the document will be produced in Welsh.
12+ points = documents must be bilingual.
Note: The formula will reflect the need for bilingual documents in most cases. Staff should use
careful judgement in making a decision about translations, especially as there will be exceptions.
The policy team can advise.
Considerations 1 point 2 points 3 points
1. Number of copies printed each year (if the document is not printed, how many people will be on the distribution list or how many will download the electronic version
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