June 25 Deputyship Matters : simplebooklet.com

www.deputiesforum.co.ukDEPUTYSHIPMATTERSEDITORIAL TEAMSAMANTHA BOSSICEO of The PDFJEMMA MORLANDCommittee MemberDANIELLE CARTERCommittee MemberSTEPHANIE KAYECommittee MemberCHARLOTTE FLETCHERCommittee MemberAlexandra KnipeCROSS BORDER MATTERS -PRACTICAL TIPS10MESSAGE FROM THE CHAIRStacey Bryant, PDF Chair04Beth DeanASSOCIATES ‘ CONFERENCE16Lynsey HarrisonSTAT WILLS06OPG - LPAHolly Chantler21SCCO - UPDATES23Ellie Howard-TaylorTABLE OF CONTENTSFORUM ROUND-UP25EDITION SPONSORCharlotte FletcherSPOTLIGHT ON INVESTMENT ADVICE14Tonina AshbyUNDER THE RADAR - THE HIDDEN EPIDEMIC OF FINANCIAL ABUSE12

Page 4

FROM THE CHAIRThe longest day of the year is very nearly upon us, and time continues to fly past at speed. Given the never-ending to-do list, we have very much welcomed some new volunteersinto the committee. Their support is much appreciated.Zena BolwigGeorgina Garner andJames Batey. For many financial deputies, the decision in Lumb v NHS Humber and North Yorkshire ICB[2024] will prove to be a challenge requiring consideration not only of applications toseek retrospective approval, but also to consider the options going forward for themanagement of Ps package of care. The PDF has very much appreciated collaboratingwith both the Association of Lifetime Lawyers and BABICM in an effort to support aconsistent approach across the profession. We will continue to work with Tor Butler-ColeKC and Arianna Kelly both of 39 Essex to explore solutions to the many practicalchallenges arising. The recent survey indicated over 700 applications will be required forretrospective approval. The Committee will also therefore continue to work with thevarious stakeholders and will update our members further as soon as we are able to. As if Lumb wasn’t enough to keep us on our toes, there is also the decision in EG v P[2024] concerning the authority of professional deputies to pay a drug debt on P’s behalf.This is an issue that will undoubtedly cause many deputies significant challenges in theirday-to-day work. Thank you to Fay Collinson of King’s Chambers for supporting ourmembers with a consideration of issues arising from this judgment.

Page 5

May saw the first conference focused purely on supporting our Associate members – thenext generation of deputies and leaders in this field. That conference was well attendedand will be repeated in Manchester towards the end of the year. It is hoped this willbecome another permanent fixture in our ever-increasing season of annual conferences.Further announcements to follow at the annual conference in September concerning thenew Associates network! A new sub committee has been established to consider all things compliance and finance.Dates for webinars to follow covering topics such as Solicitors Accounts Rules, ID, moneylaundering etc. The committee continues to work hard looking at issues ranging from vulnerable bankingto case management, cost recovery to sustainability of COP work and much more. We have seen a flurry of members who have successfully achieved accreditation alreadyand others who are mid-way through the programme. We hope to be in a position tolaunch the advanced accreditation module in the Autumn. As ever, please don’t hesitate to let us know if there are topics you would like us to coverin webinars / conferences, or issues where our support may be required.Stacey BryantPDF CHAIRJune 2025EDITION SPONSOR

Page 6

Statutory WillsAs Court of Protection practitioners, we are all familiar with the notion of a statutorywill, the Court authorising the making of a will for a person who has no longer hastestamentary capacity to make a will by themselves. The law relating to Statutory willsis clear. The Mental Capacity Act 2005 sets out clearly the power to make the will andguides deputies to consider making one. The decision must reflect the best interests ofthe person and must also considering their past and present wishes and beliefs.Deputies should also take into account the person’s values and relationships and theCourt will often look at any written expressions of wishes or patterns of lifetime giftingto understand what the person would have wanted if they had the capacity to make thewill themselves. However, when statutory will applications become contentious there is an additionallevel of complexity as you attempt to navigate the disagreements. Where familymembers, caregivers or friends feel the proposed will is unfair or does not accuratelyrepresent the person’s wishes what should and what shouldn’t you do? Firstly, as stated above, the statute relating to statutory wills is clear and it is imperativethat you consider that statute carefully, to remind yourself of the basic rules.Additionally, review the case law in the area for helpful guidance on what the Courtshave held is and isn’t reasonable. The next critical step is to consider what evidence you, or your client have to supportyour legal position. Litigation always involves the examination of evidence so it iscritical to try and locate any previous wills, letters of wishes and statements from familyand friends to try and piece together what the person would want if they had capacityand could make a will themselves. Where appropriate obtain medical records and speakto social workers and other professional to gain their insights. Lynsey Harrison, Contentious Private Client Litigator, Clarion

Page 7

EDITION SPONSORA detailed understanding of the person’s asset position and finances is also importantand crucially, look carefully for any gaps, missing information and unexplainedtransactions to gain the fullest picture possible or uncover questionable behaviours.Once you have gathered all the available documentation together take some time toconsider it properly to really build up your view. Does it help, does it hinder? At thatpoint you may also wish to consider involving specialist litigators to assist, whethersolicitors or counsel and together you can decide whether you have sufficient evidenceto make your application, lodge your objection or just how you intend to deal with anyobjection that has already been made by one of the parties. If proceedings have alreadybeen commenced and witness evidence is already before the Court, speak to the OfficialSolicitor and see if you can obtain copies. They will have most likely carried out asimilar exercise and may already have a view, listen to it carefully as their opinion willoften influence the other parties and the Court. It is also really important to engage with the parties as soon as possible and always tryand keep the tone of your correspondence as neutral as possible. Even where you thinkthat another party has behaved badly, allow the evidence to do the talking and don’tengage in nasty or emotive correspondence. It is always a good rule to imagine a Judgeis reading your letter. What would they think of your tone? Ideally it should be calm andconsidered and merely state the facts. This is especially important if the other parties areputting forward an unnecessary personal or aggressive position. It is tempting to mirrorthis conduct, but the best advice, in our experience, is to rise above it and keep the toneprofessional and factual. Think about resolution as soon as possible. Is it possible? What format should thediscussions take? Mediation is increasingly encouraged by the Courts and parties tolitigation should always keep it front of mind during the litigation; in fact, they have aduty to do so. In statutory will proceedings mediation can help the parties agree on theterms of the will that are in the person’s best interests but that prevent the costs of afull contested hearing – which can be significant!

Page 8

EDITION SPONSORIt is often easily forgotten that the usual costs rule in this type of court proceedings, isthat the person who lacks capacity will likely have to pay the associated legal costs ofthe application and any objections. The court will only usually depart from this rule, if itis found that a party has acted unreasonably or behaved particularly badly. The thresholdfor this test is high; so simply raising an objection (however unreasonable one party maydeem it to be), will not usually mean a departure from this rule. Mediation can also helpthe parties to deal with and try and resolve the deep emotional tensions that commonlyarise in these types of claims. Long held sibling rivalries and financial argumentsbetween the parties can often build over the course of litigation, which can sometimestake years. Additionally, where the person is older there is often the risk of themunfortunately dying before the conclusion of the proceedings so make sure allapplications and correspondence are dealt with as efficiently as possible. Finally, take specialist advice at the earliest opportunity. Parties can sometimesincorrectly believe that instructing solicitors may escalate matters and legal costs, but inour experience, the opposite can be true. A specialist solicitor can advise the parties onthe legal position, as they are removed from the emotions of the matter. It is easier for aspecialist legal advisor to focus everyone’s minds on the core issue in these types ofmatters (and one that is often forgotten); what is in the best interests of the person wholacks the capacity to make their own testamentary decision, and what would they wish tohappen to their estate. After all, this is what a statutory will is ultimately designed to do.

Page 9

Genealogy for the Living: Supporting Court of ProtectionProfessionalsGenealogical research isn’t just about tracing heirs for probate. In Court ofProtection cases, where clients often can’t provide details about their family orfinances, we assist deputies and solicitors by locating relatives, verifying familytrees, conducting statutory will research, and uncovering hidden assets.Discreet, precise, and people-focused, this work helps ensure informed decisionsare made on behalf of those who need protection most.The work of a genealogy firm extends far beyond supporting the administration ofestates. Court of Protection professionals work with clients who are unable to provideclear or reliable information about their families or financial affairs, and that’s wherewe come in. This is a crucial but often overlooked area in which genealogical research plays a keyrole. Our work can prove to be an important part of the puzzle, providing invaluableinsights.Read the full article on our website here

Page 10

Practical Tips for Collaboration inCross-Border MattersAlexandra Knipe, Partner Anthony GoldFollowing her insightful podcast episode with us in April, Alexandra has provided somepractical tips to assist when collaborating on cross-boder matters. Navigating your duties as a Property and Affairs Deputy, when collaborating with a foreigncounterpart, in another jurisdiction, can throw up various practical issues. Below, I highlightsome key areas that might help navigate some of the difficulties that could be encountered,based on my own experience of dealing with various foreign jurisdictions: Tax – in which jurisdiction is tax paid, and how much? Be aware of when tax falls to be paidin the other jurisdiction, as this may well differ to our own tax year. Consider anyagreements between your jurisdictions about double taxation and the ability to claim anypotential reliefs. Your annual tax computations should form part of your cash-flows andbudget planning, and you may need to seek specific advice from a tax specialist in bothjurisdictions to support with the management of tax affairs. Movement of money – when sending funds to another country, consider whether any ofthose remittances will be taxed, and at what level. Are there any government-imposed limitson remittances that you need to be aware of? Do you need to file any declarations in yourforeign jurisdiction as to the source of funds and the purpose for which they are beingremitted?Damages awards – discuss with your litigators, the practicalities of managing a dual regime,in terms of tax, the practicalities surrounding the movement of money and any additionalcosts that this might generate (whether this will be additional Deputyship costs, or 3rdparty expert opinions) in case these can be included in the schedule of loss, as a specialdamage. EDITION SPONSOR

Page 11

Investments – if you’re investing funds in England and Wales, but sending thoseroutinely to another country, consider what currency denomination should be used forinvestment purposes, within those permissible within our markets (currently onlySterling and Euro). Consider commissioning a historic report on investment performancein the UK markets, versus, performance in your counterpart jurisdiction. Be aware that ifP is habitually resident in another jurisdiction, but the funds are being managed inEngland and Wales, not all investment products will be available to them, or to you, astheir Deputy. Currency accounts – consider opening currency accounts to facilitate currency transfers.Obtain advice on FX rate tracking throughout the year, to ensure that you can exchangeSterling to your denominated currency, at the best possible rates. Even a small downturnin exchange rates, can have a huge impact! Authority to travel and see your client - plan to see your client in person and considerhow frequently this needs to occur. Consider making an application to the Court ofProtection for authority to incur those costs, remembering to highlight the best interestsconsiderations that your proposed face-to-face meeting(s) will have. Consider whetheryour application should be supported by a detailed plan, itemising how you will spendyour time with your client, when visiting in the foreign jurisdiction. Where there is anon-going damages claim, the expert witness reporting on Deputyship costs should bemade aware of the Deputy’s proposed travel plans and in-person contact so that thiscan be reflected in the report on future Deputyship costs. Translation tools – consider using a trusted translator for all key meetings but be openminded to using other tools to facilitate communication and understanding e.g. realtime translation earbuds to help you build rapport with your international clients.Third party advice – don’t be afraid to utilise local specialists, to advise on key areas tohelp you navigate local laws and customs.Customs and practice – be adaptable and open minded to cultural norms and practicesthat might differ to our own. It’s also important to be alive to the treatment of capacityin a foreign jurisdiction and how this might differ to the capacity test we have here.

Page 12

As professional Deputies, many of us have encountered ‘rogue attorneys’ and individualswith questionable motives making a mess of the finances they were appointed tosafeguard.Given today’s challenging economic environment, it is not difficult to see how the financialexploitation of vulnerable people is, unfortunately, becoming increasingly popular. Thistrend is fuelled by limited safeguards; individuals with capacity limitations being treatedas voiceless second class citizens; and unscrupulous or opportunistic individuals. The result is the emergence of an unhealthy culture where abusers, often the children andclose relatives of the victim, take advantage of their lack of supervision, to benefitthemselves. Safer ageing charity, Hourglass, report that 26% of survey respondents inEngland did not believe that using a Power of Attorney for personal gain was abuse.[1] The emotional cost to families is profound. Victims frequently experience isolation, shameand embarrassment. They may feel unable to reach out for help and are let down byinstitutions meant to support and protect them.Financial abuse is not only morally and ethically unacceptable- it also carries significantfinancial implications for the public sector. Investigations by the Office of the PublicGuardian, police and safeguarding teams require substantial resources, and localauthorities often bear the cost of care for individuals whose assets have been depleted. Ina recent survey, safer ageing charity Hourglass reported the estimated annual cost of theabuse of older people to the UK economy at over £16 billion.[2]In January 2025, HCR Law launched a survey to collect data in relation to the financialabuse of vulnerable people. The aim was to explore the prevalence of this abuse, the formit takes and how the law, policies and societal attitudes might evolve to offer bettersafeguards and protections against it. Under the Radar - the hiddenepidemic of financial abuseTonina Ashby, HCR Law & PDF Committee

Page 13

Early data from the survey suggests that: 87% believe financial abuse is under-reported72% had witnessed financial abuse (professionally or personally) in the last year;28% of those reported seeing it it more than 10 timesThe most common method of abuse was the misuse of LPAs95% agreed there is a need for better protections for older and vulnerable people It was reported that the most seen activity for perpetrators took the form of transfers ofassets and cash to themselves, excessive gifting and cash withdrawals.The survey also identified widespread concerns with current systems, including delayedinvestigations by the OPG, insufficient safeguards and a lack of education and supportfrom banks and law enforcement. Perhaps most alarming is the apparent lack ofaccountability and consequences for perpetrators.Tonina Ashby, Partner at HCR Law and Committee Member of the PDF, leads thisinitiative:“Cases of financial abuse and misuse of Powers of Attorney that we see as professionals arethe tip of the iceberg. Many incidents go unreported- especially where victims are isolatedfrom third parties or where others are unaware of how and when to report concerns. It isimportant for us as professionals to do our due diligence, to spot vulnerabilities and to offerearly intervention against concerning transactions.The financial abuser project was established to drive meaningful change. By workingcollaboratively across sectors, we can raise awareness, strengthen protections and preventionstrategies, and ensure there are real consequences for those who exploit the vulnerable.”Data from the survey is currently being analysed to identify key issue and shapepractical solutions. The PDF continues to engage with the OPG and key stakeholders toadvocate for reforms that will better protect those most at risk.[1] https://www.wearehourglass.org/sites/default/files/inline-files/The-Economic-Abuse-of-Older-People-by-the-Numbers.pdfEDITION SPONSOR[2] https://www.wearehourglass.org/economics-abuse-2024

Page 14

Spotlight on Investment AdviceCharlotte Fletcher, Partner, Hugh James, PDF CommitteeIn May 2025 the PDF released guidance on the Investment of Funds for ProfessionalDeputies. A full copy of this advice can be found here. It is primarily aimed at deputiesacting for clients who have received substantial compensation awards as a result ofpersonal injury or clinical negligence litigation. The purpose of this guidance note is to assist deputies when it comes to making what isarguably one of the biggest decisions that they will make for their client. It aims to dothis by setting out the key factors and considerations that a deputy should have whenconsidering the investment of a client’s funds, the reasons why we do this, theimportance of due diligence and thoughts as to the processes that a deputy shouldconsider following when deciding who to appoint as the client’s financial advisor. Theguidance also looks at the ongoing considerations that a deputy should have whenreviewing performance after the portfolio has been set up.It is also hoped that the guidance will provide a framework for lawyers who are juststarting to become involved in decisions regarding the investment of the client’s funds.We recognise that the reports prepared, the language used and the ways in whichinvestment portfolios are put together are very complex especially when firstencountered, and it is hoped that this guidance will be of assistance in clarifying the keypoints that need to be understood. The guidance has been prepared following very helpful and insightful discussions with anumber of the PDF’s financial corporate member firms, a full list of whom can be foundin the document itself. The guidance can be found in the Resource Hub

Page 15

The guidance document covers the following points which we hope members findhelpful:Why consider investment of fundsThe difference between Independent Financial Advisors and Discretionary FundManagers The importance of due diligence The process leading to the appointment of a financial advisor, to include the initialinstructions, the reports obtained and the use of ‘beauty parades’The various parts that might make up an investment portfolio such as cash, generalinvestment accounts, offshore bonds, stocks and shares, and what is meant by theseConsiderations that the deputy should have, to include a consideration of riskmandates, asset allocation and the difference between advisory and discretionarymanagement. The importance of reviewing and comparing performance, what to look for, and thesteps to take if a deputy has concerns about thisThe costs of financial advice Ethical and Sharia investingThis guidance was recently discussed on the PDF’s ‘CopCast’, which can be found here.A webinar specifically considering this guidance note is being planned for the nearfuture. If there are any points it would be helpful for this to cover please contactCharlotte - charlotte.fletcher@hughjames.comEDITION SPONSOR

Page 16

On the 15th May 2025 the Professional Deputy Forum hosted its inaugural associatesconference planned by those in the PDF Associates Committee This one-day event wasaimed at paralegals and those that are up to two years post-qualified to better unstandthe role they play within P's life and to share their experience of the Court of Protection.The day was kindly hosted by Chase de Vere and there were over 50 associate membersof the PDF in attendance. The day started with a session on costs hosted by Stephanie Kaye of Clarion. Thesession was titled "What the future of the Court of Protection world need to know".Stephanie gave her top 10 tips for fee earners in the Court of Protection. These tipscovered those transitioning from Grade D – C, how to achieve maximum recovery andhow to avoid common pitfalls in order to ensure that attendees were fairly paid for thehard work they do. Session two was an informative talk led by Stacey Bryant, Partner at Apricity Law,focusing on all things Property. The talk covered the process of buying and selling aproperty for P including when to make a Court application, what information is neededfor a Court application and how to protect P during co-ownership purchases. Thediscussion also touched on the realities of dealing with a property purchase for P whenthere is a family involved. Stacey provided advice to the attendees on how to manageexpectations regarding the timescales of a property purchase and the importance ofkeeping the budget in mind! PDF Associates’ ConferenceBeth Dean, Trainee Solicitor, Enable Law and PDF Associates GroupEDITION SPONSOR

Page 17

Michael Costelloe of EMG led the third session which provided an overview of theDeputy Standards. This session went over the importance of keeping up to date withlegal changes and case law in order to ensure the 2023 guidelines are being compliedwith. The discussion moved onto the difficult topic of when a Deputy can pay a drugdebt and how to manage difficult clients who may not engage in annual reviewmeetings. Between session three and four was a networking lunch which gave those in attendancethe opportunity to meet their fellow peers and reflect on the morning sessions. The final session of the day was a panel discussion with those within the PDF who areappointed as named Deputy. The panel talked about their own experience when startingtheir careers within Mental Capacity and offered insight and guidance for those inattendance. The Professional Deputy Forum will be hosting a second associate conference inManchester in the Autumn. The day will follow the same itinerary to give those whomissed out on tickets to the London event the chance to meet fellow paralegals andassociates. Please keep an eye on Linkedin and your inboxes where the date will beannounced. PDF Associates’ ConferenceWith thanks again to our hosts for the day: Chase de Vere and Brewin Dolphin

Page 18

The Eden Dora Trust was set up by a mum from 11 years ago after her daughter gotEncephalitis – an inflammation or swelling of the brain, caused by a virus, an infection,or an autoimmune response that anyone can get, at any time.Encephalitis is a life-altering condition that can severely impact the lives of childrenand their families. The Eden Dora Trust was founded to offer support to children andtheir families affected by Encephalitis and subsequent childhood Acquired Brain Injuries(ABI) through support, information, education, and research. They understand first-handthe devastating impact that Encephalitis/ABI can have on the lives of those affected. Their primary focus is on providing services that help children and their familiesthrough their difficult journey. They offer support in hospitals, schools, communities,with families after hospital discharge, and raising awareness and funding research intothe causes, diagnoses, and treatments of Encephalitis/ABI. They empower educators to understand the different needs of children with AcquiredBrain Injuries in schools. Offering and funding professional workshops, study days, andextensive information to provide support to all concerned. Eden Dora Trust have an extensive and knowledgeable advisory panel and offer apersonal helpline for anyone who needs individualised support and guidance. They provide a lifeline for so many children and families who feel isolated, different,misunderstood, and alone after the diagnoses of Encephalitis and ABI. They worktirelessly to ensure that everyone receives the support they need to get through thechallenging times ahead. In summary, the charity provides a range of services and resources to support childrenand families affected by Encephalitis and ABI. They advocate for increased awareness,fund research and provide support and education to families, professionals, andeducators.Charity Spotlight

Page 19

OPGHolly Chantler PDF Director & OPG Sub-CommitteeWhilst this relates to lasting powers of attorney, there may be members whoadvise clients regarding lasting powers of attorney and may find this of use. Theguidance and form of consent relate to queries raised by the OPG but you couldconsider extending it to cover other situations, such as disclosing concerns to thelocal authority, police, OPG or other statutory bodies. Certificate Provider enquiries raised by the OPGRule 6.3 of the SRA Code of Conduct requires solicitors to keep the affairs of theirclients confidential unless disclosure is required or permitted by law or the clientconsents. Disclosure is permitted if a crime or fraud is being committed.It is considered that solicitors who act as a certificate provider and subsequentlyrespond to queries raised by the SRA will be in breach of Rule 6.3 (particularly ifthere is no crime or fraud).As such, it is recommended that solicitors obtain advance consent from theirclient regarding disclosure. The following is an example of advance consent (withthanks to Caroline Bielanska):ADVANCE CONSENTTO DISCLOSE CONFIDENTIAL INFORMATION RELATING TO YOUR LASTING POWER(S) OFATTORNEY When you make a lasting power of attorney, it must be signed by an independent personwho has formed an opinion that: 1. you have the mental capacity to make the power;2. you understand the scope and purpose of the power;3. you are not being put under undue pressure to make the power;4. it is not being fraudulently made; and5. there is nothing else which would prevent you from making the power. EDITION SPONSOR

Page 20

ADVANCE CONSENTTO RESPOND TO QUESTIONSRAISED BY THE OFFICE OF THE PUBLIC GUARDIAN I [insert client’s full name and address] give my consent to: [insert legal practice’s name and address] (the legal practice) which includes anysuccessive or amalgamated practice which has resulted in a change of its name oraddress. To disclose any confidential information held or known in respect of me relating to themaking of my lasting power(s) of attorney, to the Office of the Public Guardian. I understand that any confidential information disclosed will be limited to what isconsidered by the legal practice at the time to be necessary and appropriate. Signed……………………………………………………………………………………… Dated………………………………………………………………………………………… www.deputiesforum.co.ukConcerns can be raised with the Office of the Public Guardian who can investigate theseconcerns. The Office of the Public Guardian acts to safeguard people from makinglasting powers of attorney where they do not have capacity or are being tricked orpressured into making a power. They may ask the person who acted as your CertificateProvider to answer questions as to how they formed their opinion. The outcome of theinvestigation might result in an application to the Court of Protection for a judge to bedecide what should happen. Where a solicitor is to act as a Certificate Provider, it is necessary for you to give yourconsent to them answering any questions raised by the Office of the Public Guardian.This is because solicitors are required by their professional regulations to keep yourinformation confidential. It is very rare for concerns or queries to be raised, but please could you sign theattached consent form, which will permit the certificate provider to answer questionsshould they be made.

Page 21

SCCO Ellie Howard-Taylor, Clarion Solicitors, PDFAssociate CommitteeHopefully you’ve had a chance to listen to the COP Cast Episode 6 about all things COPcosts, but if not, here’s a useful overview of what we discussed.Hourly Rates – Good News!To kick off 2025 the guideline hourly rates were increased with SPPI inflation, withabout a 3-4% increase depending on your location within the country. The good news is that the hourly rates are set to increase every January in line withSPPI inflation, with potential discussions of a more in depth review every 5 years. Whilst this is great for COP practitioners, it is important to keep in mind the indemnityprinciple. Do you have a retainer in place which allows you to claim the higher rates? Fixed Costs – Under Review…Practice Direction 19B is currently under review by the Ministry of Justice with a view tohopefully having a regular increase, like the GHR increase. We are yet to understandwhat the new fixed costs may look like, but as soon as something is finalised, we willupdate members. Court Fee – Are you up to date?As of 8 April 2025, we had an increase to the court fees, most importantly with the courtfee for a detailed assessment in COP increasing to £99. The SCCO have made it clearthat any bill submitted with the old fee of £96 will be rejected. Bundles – Quality Matters More Than EverThe SCCO recently released confidential bundle feedback to specific firms. Generalthemes included a preference for hyperlinked indexes with meaningful descriptions andbundles arranged chronologically with clear dates. Criticisms were aimed at excessiveemail chains, indexes using only reference numbers, randomly ordered documents, andhigh duplication. EDITION SPONSOR

Page 22

www.deputiesforum.co.ukInterim Payments – Making Use of PD19B Given the current SCCO delays, many firms are waiting over 14 months to receive theirFinal Costs Certificate (FCC) following assessment. However, this doesn’t mean you mustwait to recover all your costs. Under PD19B, you’re entitled to take up to 75% of your WIP or the OPG105 estimate forthe relevant reporting period—whichever is lower. This leaves only the remaining 25%,or the balance allowed by the SCCO on assessment, to be paid later. Making use ofpayments on account of costs helps ease cash flow pressures during lengthy assessmenttimelines.Inconsistencies in SCCO assessments – We need your helpThe PDF are passionate about challenging the SCCO on inconsistencies when assessingCOP bills of costs, especially where an assessment is received back, and the reductionsare not fair or reasonable. We want to hear about those bills. Even where it is notproportionate to appeal the assessment, the PDF want to appeal things which aresimply inconsistent, unreasonable or unfair to the profession. It is important we getsome consistency with the SCCO and negate the rogue reductions. Sometimes all ittakes is for the point to be explained before a Judge for them to understand the natureof the work and the uniqueness of the situation. Litigation Advice from CounselThe PDF have obtained advice from Counsel about litigation costs incurred by aProfessional Deputy and how that work should be recovered. The advice is intended tohelp deputies when working alongside litigators to adopt best practice. A note to all members was recently released.With firms moving toward electronic files and becoming increasingly paper-lite, thequality of bundles is crucial to turnaround times and successful cost recovery. Membersare encouraged to create bundle checklists or adopt best-practice templates.The PDF recently held a online seminar hosted by Hyperlaw, a document productionsoftware provider—ideal for anyone struggling with bundling or exploring digitalsolutions. The recording is in the Resource HubEDITION SPONSOR

Page 23

We have a client who has CHC fully funded care. She would like to go on holiday, buther needs are so complex that her regular carers would have to go with her to makethis possible and maintain continuity of care.The CHC funding does not include an allowance for holidays. The case manager isapplying for extra funding to cover a holiday, but it seems to be taking an eternity forthis to be considered ,and we have already missed out on opportunities for this year.The carers are willing to go on the holiday, and our client has private funds to be ableto pay them to accompany her, but my understanding is that we cannot arrange to paythem privately as we would fall foul of the 'no top-up' rules, because we would be usingthe same care staff who are funded by the CHC to do the day to day care.Does anyone have any suggestions please?Forum Round-Up - Pick of the PostsCharlotte Fletcher, Hugh James, Committee MemberThe Professional Deputies Forum continues to be a very helpful resource for questionsthat come up regarding the management of P’s property and financial affairs where theanswer is not clear, or where a bit of clarification would be helpful. We will all comeacross situations in our day to day work that are the first time we have encountered anissue, or which feel “one off” but chances are, there is another deputy out there who hasdealt with the same or similar issue in the past. There are often issues arising for deputies regarding the complexities of fully fundedContinuing Healthcare, and the rules about not being able to top up the NHS provision.This has recently been raised on the forum here where a client would like to go onholiday, but the CHC funding has not allowed for the additional costs of carersaccompanying her. The client’s case manager is applying for additional funding to covera holiday, but this is taking time and opportunities have been missed. The carers arewilling to go on the holiday and the client has funds available to pay the additionalcosts of this, but the deputy is concerned that this will fall within the “no top up” rules. Unfortunately, it seems that the ICB’s approach to this query will likely vary dependingon the area. One answer to the query notes that where the care is provided by anagency, a separate invoice can just be raised for the additional holiday costs and thewriter notes that they have found CHC funding teams to be fairly flexible about this.Another answer points out, however, that this is more complicated where the care staffare directly employed and it is not so easy to separate out the additional hours andthere would only be one payroll which could not be divided.

Page 24

Are you signed up to receive notifications of new posts in the Forum?This is managed from within your Profile (Settings) and from the individualForum threads where you can subscribe to a thread if it is of particularinterest to you without the need to commentAnother answer refers to the NHS Continuing healthcare – Social care and supportguide and quotes “The only way that the NHS continuing healthcare packages can betopped up privately is if you pay for additional private services on top of the servicesyou’re assessed as needed from the NHS.” Importantly, the guidance goes on to state “These private services should be providedby different staff and preferably in a different setting.” The preference for different staff is clearly not ideal for a client with complex needsand a bespoke care package already in place. NHS Continuing Healthcare funding can also be problematic when it comes to matterssuch as pay reviews and agreeing the amount that should be paid to support workers. Itis often the case that the NHS will not, at least initially, agree to the levels of pay thatthe deputy and case manager know will be required to attract and retain the type ofsupport worker that would be required given the complexity of the client’s needs. Of course, it is now also the case that following the recent case of Lumb, (the PDFguidance note can be found in its Resource Hub) deputies may wish to consider theextent of their ongoing involvement in relation to the employment of such care teams inany event, however, in many cases it may be difficult to find a suitable alternative for P. Iwould expect this to be a topic that starts to appear on the forum as deputies considerthe PDF guidance and start to make decisions about how to move forward with theirimpacted cases. If you have any experience to add to this please do visit the forum and add your views. EDITION SPONSOR

June 25 Deputyship Matters

Page 1

Page 2

Page 3