BBC: Six-part series
An Essex law firm at the centre of a BBC investigation into possible abuse of lasting powers of attorney (LPAs) has described it as “inaccurate” and “based on second or third-hand hearsay”.
Craybeck Law said client confidentiality restricted how it could respond to ‘Shadow World: The Willpower Detectives’, a six-part Radio 4 series billed as “the hidden scandal of power of attorney – how one man controls the finances of scores of vulnerable people”.
The man is Ron Hiller, a non-lawyer partner at the two-partner alternative business structure (ABS) who acts as a professional deputy.
Reporter Sue Mitchell said she investigated 30 cases involving Mr Hiller and Craybeck Law, and found “a disturbing pattern of events”.
She claimed that people who were subject to LPAs where Mr Hiller was the attorney found they had no access to their bank accounts and no idea how much Mr Hiller was charging for being their attorney.
Further, Ms Mitchell said large amounts of cash had been withdrawn “without a reasonable explanation”, and properties sold for what owners and others considered was lower than market value, with their possessions cleared and disposed of by a company run by Mr Hiller’s son.
In the first episode, Mr Hiller is recorded in a conversation with a relative of ‘Carole’, a woman in her 60s for whom he said he only had a property and financial affairs LPA; however, a check with the Office of the Public Guardian said he also held a health and welfare LPA.
He said Craybeck charged a fixed fee of about £1,200 a year plus VAT, rather than his hourly rate of £300, “otherwise it goes out of control”.
Ms Mitchell also raised questions about Craybeck Law also acting as the executor of the wills of some clients for whom Mr Hiller acted as attorney.
Craybeck Law issued a detailed response on its website to what it described as the “highly misleading and inaccurate” series. “We believe that we provide a high quality, understanding and empathetic service to our clients and fully refute any insinuation by the BBC to the contrary.”
It complained that it was asked to comment on client matters which it could not do without informed client consent, and as a result was unable to “fully refute the current insinuations or respond to a large number of the questions that the BBC has put to us about specific clients and, more generally, questions which relate to matters of the most private and sensitive nature”.
Craybeck said it in turn raised “multiple issues” with Ms Mitchell “over the way the issue of client consent and confidentiality was initially completely ignored and then incoherently and inadequately addressed in the creation of this series and never received a satisfactory response.
“Those of you familiar with the case in which Cliff Richard was awarded very significant damages against the BBC for breaching his privacy rights will appreciate that this is not the first time that the BBC has sought to prioritise its own interests over the rights of others.”
The firm also claimed that the BBC failed to clearly set out what allegations it was making.
“Indeed, the questions and deadlines put to us by Sue Mitchell betrayed a complete lack of understanding of our regulatory obligations or the processes and procedures relevant to the issues raised…
“In the meantime, what we can say is that much of what has been put to us is inaccurate and is based on second or third hand hearsay.”
Craybeck has taken down staff profiles from its website and engaged a PR agency to try and deal with the fallout.
A spokesman said the firm has self-reported to the Solicitors Regulation Authority, despite believing it has done nothing wrong.
He added: “We have reviewed the files concerned (where we have been told the identity of the donor/client) and have found nothing amiss.”
Mr Hiller’s LinkedIn profile says he has been a partner at Craybeck Law since 2108, while also chief product officer of Global-365 PLC. Its website says it is “committed to creating and delivering innovative technologies that will reshape the way the public sector enables citizens to manage their own personal health and social care budgets”.
Among his previous roles was head of Essex Guardians at Essex County Council.
The programme does indicate public confusion over ABSs and the status of non-solicitor partners of law firms that may be of wider interest to regulators.
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