March 25 Deputyship Matters : simplebooklet.com

PDF CHAIR 2024Stacey BryantFROM THE CHAIRMarch 2024We’re only 3 months into 2025 and it has already been really rather busy for allthings PDF.The employment conference hosted by Evelyn was very well attended. An excellentline up of speakers providing some great insight and pragmatic advice on issuesranging from agency v direct employment, GDPR, contracts / disputes, safeguardingand statutory funding. The conference planning committee is now busy consideringtopics and speakers for the 2026.Coming soon (Thursday 3rd April) is the Spring dinner hosted by Rathbones atBrowns Hotel. This will be closely followed by our inaugural Associates Conferenceon 15th May hosted by Chase de Vere. This conference is aimed at Associatemembers, ensuring they receive the support needed to help them develop both theirknowledge and careers. Speakers will cover issues including maximising costrecovery, building your personal brand, managing challenging relationships, Deputystandards, SRA and property matters. There are of course ongoing challenges including issues arising from themanagement of Direct Payments following the decision in Lumb. The PDF is workingin collaboration with BABICM and the Association of Lifetime Lawyers, obtainingadvice from Victoria Butler-Cole KC and Arianna Kelly of 39 Essex Chambers andKatie Glendinning of Clerks Legal. We are also liaising with the OPG and hope to bein a position to release pragmatic guidance for our members within the comingmonth.The PDF continues to focus on issues of sustainability facing the profession,supporting with appeals to the SCCO, training and education, consultations andstakeholder engagement.Finally, congratulations to Christine Dyson of Hodge Jones & Allen for being the 1stmember to successfully complete the PDF Accreditation Programme - IntermediateTier with an impressive score of 97%!

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Ian Brownhill, Barrister, 39 Essex ChambersDeputies are required to engage with all the vicissitudes of life. On occasion, that might includetheir client possessing illegal items, or, developing or relapsing into substance misuse. There arechallenges for deputies, not least the lack of authorities in this area and the significantconfusion as to the interaction (or potential interaction) between the Mental Capacity Act andthe criminal law. Deputies come to me with a variety of concerns, they range from concerns about how P is usingfunds to purchase drugs, to P obtaining fake prescription medication on the dark web andquestions about the provision of drug rehabilitation in circumstances where P is unable toconsent to the treatment. In court, we have had to seek injunctions against aggressive drugdealers, address information sharing with the police where P has been accused of supplyingdrugs and grapple with safeguarding concerns when carers have used drugs with P. P lacks capacity to use drugsIt is not unusual to see assessments of P’s mental capacity, “to use drugs.” These assessments areproduced by private capacity assessors and those who are employed by statutory services. I amunconvinced by the sustainability of these assessments. The Mental Capacity Act 2005 isconcerned with assisting a person in making a lawful decision. There is no such thing (again,despite assessments to the contrary) as the mental capacity to commit a criminal offence.Of course, it is not the use of illegal drugs that is criminalised, rather, it is the possession ofthose drugs and their supply which is. Most of the issues which face a deputy in this regarddirectly relate to how P obtains drugs, how their care and support is impacted by them takingdrugs and the risks experienced by a drug user. Ultimately, the relevant decision is not whether P has the mental capacity to use drugs. Rather, itis more likely to be something relating to their financial management, for example, the mentalcapacity to manage everyday spending. Or, something relating to their care or contact with otherpeople, for example the mental capacity to make decisions as to contact with a drug dealer orother drug users.

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Properly framing the relevant decision will assist the deputy, or another decision maker, in managingthe issue which is facing P. For example, there is nothing to prevent a mental capacity assessment asto contact with a particular individual including the risks that person poses to P as part of therelevant information. Equally, if the decision is, for example, the use of a pre-loaded credit or debitcard for expenditure, the fact that P will likely withdraw cash to purchase drugs can be part of therelevant information. In MM v A City Council [2021] EWCOP 62, the declaration was framed that MM lacked the mentalcapacity to: (i) manage his property and finances and (ii) make decisions to use and consume illicitsubstances. Unfortunately, that decision was relatively brief and arose from section 21A proceedings.What is missing from the canon of caselaw is a sequel to the decision in London Borough of TowerHamlets v PB [2020] EWCOP 34. Such a sequel in the context of drug use (as opposed to alcoholconsumption in PB which is inherently lawful for an adult) would be incredibly helpful and provide aroadmap to assessing capacity in these difficult cases. Duty, authority and ethicsThe Court of Protection’s approach to issuing guidance has been guarded to date, it has been donesparingly. However, cases involving drug use tend to reveal an inconsistency in approach as to who isresponsible for managing difficult situations involving P and drugs. In some parts of England andWales, local authorities do not consider situations arising from drug use to be a safeguardingconcern and instead will rely entirely on the police to manage issues. Deputies for property and affairs are careful to follow the decision in ACC & Ors [2020] EWCOP 9 andavoid any suggestion that they are exceeding their authority and trespassing into health and welfarematters. Faced with disengaged statutory services, the deputy may be left with the unenviable task ofmanaging the risk associated with P’s drug use.Equally undesirable are those situations where deputies have found themselves being challenged aspart of safeguarding enquiries, or in health and welfare proceedings, as to why they are “funding” P’sdrug use.Ultimately, there is no convenient authority for deputies to point to which delineates their role andwhich explains the roles of the police and local authorities in these situations. The trend of theauthorities (see for a recent example Surrey Police v PC [2024] EWHC 1274 (Fam)) is that the courtexpects statutory services to co-operate with each other to secure P’s welfare, that would include thepolice. This is reflective of the statutory framework around safeguarding. In my view, the PublicGuardian and the Court of Protection would also likely expect the deputy to participate in thesediscussions, as many deputies already do.

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Duty, authority and ethicsThe Court of Protection’s approach to issuing guidance has been guarded to date, it hasbeen done sparingly. However, cases involving drug use tend to reveal an inconsistency inapproach as to who is responsible for managing difficult situations involving P and drugs.In some parts of England and Wales, local authorities do not consider situations arisingfrom drug use to be a safeguarding concern and instead will rely entirely on the police tomanage issues. Deputies for property and affairs are careful to follow the decision in ACC & Ors [2020]EWCOP 9 and avoid any suggestion that they are exceeding their authority and trespassinginto health and welfare matters. Faced with disengaged statutory services, the deputy maybe left with the unenviable task of managing the risk associated with P’s drug use.Equally undesirable are those situations where deputies have found themselves beingchallenged as part of safeguarding enquiries, or in health and welfare proceedings, as towhy they are “funding” P’s drug use.Ultimately, there is no convenient authority for deputies to point to which delineates theirrole and which explains the roles of the police and local authorities in these situations. Thetrend of the authorities (see for a recent example Surrey Police v PC [2024] EWHC 1274(Fam)) is that the court expects statutory services to co-operate with each other to secureP’s welfare, that would include the police. This is reflective of the statutory frameworkaround safeguarding. In my view, the Public Guardian and the Court of Protection wouldalso likely expect the deputy to participate in these discussions, as many deputies alreadydo.

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“Fundamental Dishonesty and CostsOrders against Lawyers”Pankaj Madan, Barrister Exchange Chambers & 12 King’sBench WalkThe Judgments in two cases of fundamental dishonesty last year shook the personal injuryworld. Williams-Henry and, Shaw. I wrote about this at the time and the article can be found onmy chambers’ websites. In this article, I am going to reflect on the potential liability for lawyersand that includes a Deputy acting as a Litigation Friend, especially with respect to any costsliabilities if a Claimant who ostensibly lacks capacity is found to have been fundamentallydishonest. The facts in Williams-Henry In July 2018, this Claimant, now 33 years of age, suffered a moderately severe traumatic braininjury and other multiple injuries in a nasty fall off Aberavon Pier which was insufficientlyguarded by railings. The Defendant was the owner or occupier of the pier and had admittedliability which settled at 2/3rds 1/3rd in the Claimant’s favour. This was essentially a moderate-severe brain injury and pain case. The Claimant had undergonethe removal of part of her frontal lobe. The claim was £3.5 million, full liability. The Counter-schedule admitted either £374,000 or £552,000 odd on a full liability basis. The Court found her to be fundamentally in the light of, contrasting DWP records, personnelrecords, social media depictions, extensive video surveillance and a life insurance applicationform arising after the accident.The Court found the Claimant had been dishonest. She was severely depressed by the time oftrial, but this was largely as a result of her dishonesty, the allegations of dishonesty made andthe impending trial and as such were largely her fault. Ritchie J assessed the genuine element of her damages claim as £895,000 on a full liabilitybasis. The Court deprived her of all her damages due to her fundamental dishonesty butallowed her not to repay interim payments of £75,000.The Claimant lost her qualified one-way costs protection due to the fundamental dishonestybut the Court in a second case decided that the lawyers had not failed in their duties to adviseacceptance of an offer. They had not done anything wrong and an application for wasted costswas dismissed.

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ShawMatthew Shaw was a motorcyclist. The Defendant emerged from a side road and collided withhis motorbike inflicting serious injury. Liability was no longer an issue. HHJ Sephton sitting as aHigh Court Judge in Manchester High Court dismissed the Claimant’s claim for assesseddamages of over £1.12 million because the Claimant had been fundamentally dishonest. TheClaimant has suffered serious lower limb injuries and said he could no longer walk more than200 yards. Surveillance however showed him walking over 450 metres at a reasonable pace,going to a wall climbing centre ostensibly to climb a wall and riding his mountain bike upSnowdon and conducting a base jump recorded on social media in 2022. He said he hadmiscalculated the distances he could walk. This was the largest case of fundamental dishonestywhere the Claimant recovered nothing. He was even ordered to repay interim payments of£150,000.CostsIn both cases, the Claimant had to pay the Defendant’s costs of the action as they lost theirQOCS Protection. The Defendant in Williams-Henry [2024] EWHC 2415 made a stage 1 wastedcosts application against the Claimant’s Solicitors on the basis that they allowed a hopelesscase to get to trial. The Court found that drafting a witness statement which contained lies andwhen there was evidence available which would have exposed what the Claimant said as lies,there could be a potential liability on the part of the lawyers. In an appropriate case it issubmitted this could include a professional litigation Friend/Deputy. The fact that privilege wasnot waived meant that the Court could not allocate blame between the Claimant and thelawyers. The Claimant had a good core claim and there was some albeit a low prospect ofdefeating the fundamental dishonesty. Overall, Williams-Henry suggests that the prospects of awasted costs order against lawyers for a claim found to be fundamentally dishonest is a step toofar. Learning from the case.What can practitioners, and experts, and Deputies who are Litigation Friends take away from thecases. Here is my guide: -1. Walking, talking brain injury claims even when arising from very serious injuries demandcaution. Don’t assume that because the Claimant, ostensibly lacks capacity, suffered a veryserious injury that there cannot be serious fundamental dishonesty.2. If served with surveillance, take it very seriously and ask for a conference with Counsel. Keepcareful file notes justifying any decision to continue the litigation.

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3. Don’t assume that collateral dishonesty in applications especially for insurance or benefitswill be forgiven or attributed to the injury. Brain Injury or depression should not causedishonesty. Collateral dishonesty is highly relevant to the impression the Court will form of aClaimant.4. Even in a serious injury case, you cannot ignore social media. Professional Litigation Friendsshould ask the Claimant's lawyers to look at it once an initial record of the Claimant’ssymptoms and condition has been taken. Keep it under review. Look at it yourself. 5. Ensure treating and medical experts do not lose objectivity or neutrality and do not takethe Claimant just at face value. A good rule of thumb is to remember if you can’t prove yourclaim without the Claimant’s evidence, then you may not have a good claim. Try to join keyconferences/consultations and form your own view. 6. Don’t assume that failed performance validity testing on neuropsychological testing canalways be explained or falls away. It is a relevant factor and should cause you to test theevidence in more detail.7. If surveillance is disclosed, the professional Litigation Friend is going to have to actcarefully and probably have a conference/consultation with the Claimant and Litigation Team.Instruct the legal team that all the experts and witnesses must see the surveillance videosand social media.8. Deputies should ensure that their professional indemnity insurance covers potentialpersonal costs orders arising out of being a Litigation Friend though in practice such ordersshould be extremely rare or non-existent. 9. It would usually be an unwise decision to waive privilege if facing a wasted costsallegation.10. Check witness statements against other documents for consistency and ensure theClaimant is challenged. About the author: Pankaj Madan is a senior Barrister specialising in Traumatic Brain Injury from the subtle to theCatastrophic and Severe pain cases. He acts for both Claimants and Defendants and practicesfrom Exchange Chambers and 12 King’s Bench Walk. He is a member of the Royal Society ofMedicine, Pain Section Council and has many years’ experience as a Deputy District Judge. Heis the author of published books about brain injury and pain.

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For this month’s edition, lets focus on some of the ‘Additional Obligations’ set out in Standard 8of the revised Deputyship Standards published in February 2023. Within Deputyship Standard 8 there are four separate standards numbered 8.a-8.d. For this purpose of this article we will focus specifically on:8a. Auditing Internal Files8b. Meeting Professional Standards8d. Informing the OPG of Concerns about other deputiesWe will deal separately and specifically with 8c in a later article. Firstly, it is important to note that these standards apply to all professional deputies. Pleasenote they apply slightly differently to lay and public authority deputies and therefore you mayneed to be aware of this if advising a lay deputy or public authority deputy. 8a. Auditing Internal FilesDeputies are required to ensure that processes are in place for regular internal audits of casefiles. It is common practice for most experienced deputyship firms to have fee earners/file handlerscarrying out file reviews on their own files on a regular basis, however, is that sufficient tosatisfy this requirement? The simple answer to this is no. Therefore, it is best practice to ensure that, at regular intervals, those files are reviewed by asenior fee earner with a thorough understanding of deputyship matters and a record kept on fileof that review. Of course, the regularity of those senior reviews will largely be dictated by thecomplexity of the matter. It is also noted that any action points identified within the internal audit of those files are to beactioned as soon as possible. Therefore, Deputies need to ensure that they have a process orsystem in place for delegating and monitoring that those actions are progressed promptly. OPG StandardsMichael Costelloe, EMG Solicitors &PDF OPG Sub-Committeewww.deputiesforum.co.uk

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www.deputiesforum.co.ukIt is also the responsibility of the Deputy to establish clear governance between themselves andstaff delegated to carry out the day-to-day functions. Deputies must ensure that all necessaryactions on a file are completed, with the necessary skill, knowledge and within a reasonable timeframe. It is recommended that all deputies review and refresh themselves of the guidance detailedwithin the standards as to the best practice for effective internal office procedures andorganization. 8b. Meeting Professional StandardsIt would seem obvious; however it is worth noting, that it is also a specific requirement of theDeputyship Standards that deputies must adhere to professional good conduct and behavioursexpected by the OPG and any other regulatory body. Whilst this may seem obvious for those senior enough to be a named deputy or a director of atrust corporation, presumably this standard extends to the actions of those within your firms whowork or support on the management of your deputyship matters who are perhaps not legallyqualified. It is important therefore that Deputies lead by example and continue to encourageprofessionalism throughout their teams to ensure that they can continue to satisfy this standard. 8d. Informing the OPG of Concerns about other deputiesThis standard is a new standard and did not feature in the previous editions of the DeputyshipStandards. It is important that deputies understand that this standard places a positive obligationon them to advise the OPG if they have any concerns about another deputy, regardless of the typeof deputy they are. This standard is wide in that it covers any and all concerns that a deputy mayhave as to the conduct of another deputy. In addition to the above, this standard also places a positive obligation on deputies to inform theOPG of any issues that could affect how a deputyship is managed. Again, this is a wide obligationand could for example encompass situations of conflict (personal or professional) or even thedeputies personal difficulties which may impact how a deputy is able to manage. To support members to understand in practice how this standard may operate, the PDF previouslyraised queries about this specific standard (coined ‘the whistleblowing standard’) and queried forexample, if on taking over a deputyship from another firm it was identified that a benefit had notbeen claimed resulting in a loss to P, would the OPG want and need to be advised of this? It wasconfirmed that the OPG do need to know about this however, it was accepted that as part of thatnotification representations could be made as to what steps the previous deputies were makingto compensate P.Whilst this may make some professional deputies feel uncomfortable the rationale is that itprovides an opportunity for the OPG to investigate and in turn potentially protect other protectedparties. Members are therefore advised to ensure that they are alive to this obligation and ensure thatany concerns are reported promptly.

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GradeFee Earner London 1London2London 3National 1National 2ASolicitors and legalexecutives with over 8years’ experience£566(£546)£413(£398)£312(£301)£288(£278)£282(£255)BSolicitors and legalexecutives with over 4years’ experience£385(£371)£319(£308)£256(£247)£242(£233)£242(£233)COther solicitors or legalexecutives and feeearners of equivalentexperience£299(£288) £269(£260)£204(£197)£197(£190)£196(£189)DTrainee solicitors,paralegals and other feeearners£205(£198)£153(£148) £143(£138) £139(£134) £139(£134)The Guideline Hourly Rates have increased with effect from 1 January 2025. In December 2023,the Master of the Rolls accepted the recommendations of the Civil Justice Council Costs Review,which was published in May 2023. One of the recommendations was to annually review andincrease the Guideline Hourly Rates in accordance with the Services Producer Price Index (SPPI). The Guideline Hourly Rates are now as follows (the brackets reflecting the rates effective from 1January 2024 to 31 December 2024):www.deputiesforum.co.uk2025 Guideline Hourly Rates IncreaseStephanie Kaye, Partner ClarionSolicitors, PDF Director

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www.deputiesforum.co.ukThere has been an average of a 5% increase to Grade A rates and 4% increase to GradeB, Grade C and Grade D rates. To recover these rates, it’s imperative that you have client care paperwork as Deputy tosupport your intention to charge at this level. Practically, that is usually a letter to theDeputy from the firm, a letter from the firm to the Deputy, trust corporation, or othersensible approach. If you are applicant, it should be a client care letter in the usual waywith your client. It should outline your intention to charge the GHR 2025 from 1 January2025. Without this, you may not be automatically entitled to these higher rates. Practitioners will notice that the banding structure remains the same as it has been forover a decade, with the geographical location and experience/qualification of the feeearner being relevant to calculating how much one can charge. We can expect another annual increase in line with SPPI inflation in January 2026.Given the regular increases to rates applicable to COP practitioners, the likelihood ofsuccess in seeking to recover hourly rates in excess of the GHR is very unlikely. TheSCCO are of the view that the rates above are suitable renumeration in COP work, whichis still considered to be fairly straight forward. If you wanted to seek ‘enhanced’ rates inexcess of the GHR, you would again need client care paperwork in support of that claim.There is no guarantee that the SCCO would deem higher rates appropriate in the case,but it would be on the party seeking costs to argue why they should be awarded, likelywith factors such as international elements, high fund values, contentious elements andother complex factors. If you have any questions in relation to hourly rates, please contact Stephanie Kaye.stephanie.kaye@clarionsolicitors.co.uk

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Circle Case Management Human Resources have been servicing the CaseManagement industry with honest, reliable and reactive HR services, assistingCase Managers in recruitment, supervision and management of care and supportteams, successfully for years. Highly respected within the industry, CCM HR canassist with all aspects of human resources from maternity leave to disciplinaryprocedures. The Symbiotic Relationship Between HR and Clinical Managers: Navigating EmploymentTogether In the complex world of healthcare, Clinical Managers (CMs) are often specialists in their field,providing expert clinical care. However, when it comes to employment matters, they may findthemselves in uncharted territory. This is where Human Resources (HR) steps in, offering asymbiotic relationship that ensures both clinical excellence and employment compliance. The Role of HR in Supporting Clinical Managers Expert Guidance: CMs are highly skilled clinicians, but they may lack experience in employment practices.Clients, often accidental employers, rely on HR for expert advice. HR professionals are there toguide CMs through the intricacies of employment, ensuring that all legal and proceduralrequirements are met. Recruitment Planning: When a client begins their journey as an employer, it is crucial to discuss and plan for currentand future recruitment needs. Whether a client is discharged from the hospital, transitionsfrom using an agency to direct employment, or as a new client altogether, HR is there toassist. This includes providing costings for different recruitment scenarios and developing acomprehensive recruitment plan. Staffing Solutions: HR brings extensive experience in managing staffing levels and finding solutions that work.Whether the path involves directly recruited staff or agency workers, HR can assist withcreating job adverts, developing job descriptions, shift patterns, rotas and onboarding newemployees. Training and Development: Building a competent staff team requires careful planning of training needs. HR plays apivotal role in mapping out these needs, ensuring that staff are well-prepared to meet theclient’s requirements. CMs interpret the client’s and family’s needs, making professionalrecommendations as the line manager, while HR supports these efforts with structuredtraining programs. Employment Documentation: HR can liaise with the Court of Protection (COP) deputy or other identified employers toensure all employment documentation is in order. This is particularly important for CMs whoare new to this aspect of their professional development. HR provides training and support toensure compliance with legislative policies and procedures. Advertorial

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Proactive and Reactive HR Support System Reminders: HR can offer reminders to follow established systems and procedures, ensuring thatnothing falls through the cracks. This proactive approach helps maintain smoothoperations and compliance. Liaison with Staff: HR is also there to reactively liaise with staff on various issues, including TUPE (Transferof Undertakings Protection of Employment), redundancy, and disciplinary investigations. Bytriaging these matters, HR ensures that the CM, employer, and insurer are all consultedand informed. Tailored HR Solutions For those without an in-house HR facility, external HR services can offer tailored packagesor ad-hoc advice. This flexibility ensures that all clients, regardless of their size orresources, have access to the expert HR support they need. In conclusion, the partnership between HR and CMs is essential for navigating thecomplexities of employment in the healthcare sector. By leveraging HR’s expertise, CMscan focus on their clinical responsibilities, confident that their employment practices arein capable hands. This symbiotic relationship not only enhances the quality of care butalso ensures a compliant and well-managed workforce. Why should you outsource your human resources requirements to CCM HR? Outsourcing human resources (HR) can offer numerous benefits to organisations,particularly small to mid-sized companies that may not have the resources to maintain afull-scale HR department. Here are some reasons why outsourcing HR can beadvantageous: 1. Cost Efficiency Reduced Overhead: Outsourcing HR functions can significantly reduce the cost ofhiring, training, and maintaining an in-house HR team. This includes savings onsalaries, benefits, and office space. Scalability: Outsourcing allows companies to scale their HR services up or down basedon their current needs without the commitment of long-term contracts or employeecosts. CCM HR will create a bespoke package around your teams needs, there is not aone size fits all with HR! 2. Access to Expertise Specialized Knowledge: CCM HR specialise in areas like compliance, benefitsmanagement, and employee relations. We bring expertise that might be difficult orexpensive to develop internally. Regulatory Compliance: Keeping up with employment laws, tax regulations, clinicallegislation and other legal requirements can be complex. CCM HR stay up to date withthese changes, reducing the risk of non-compliance. Advertorial

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3.Focus on Core Business Strategic Focus: By outsourcing administrative HR tasks (like payroll, benefitsmanagement, and recruitment), companies can focus on their core business activitiesand strategic goals and let CCM HR remove all of your HR headaches! Improved Efficiency: CCM HR can streamline HR processes, reducing the time and effortspent on routine tasks, which allows internal resources to focus on more criticalbusiness activities. 4. Enhanced Employee Experience Better HR Services: CCM HR provide a higher level of service in areas such asonboarding, employee training, and benefits administration, which can lead to higheremployee satisfaction and retention. Technology and Tools: CCM HR have access to the latest HR technologies and tools,which can improve the employee experience and make HR processes more efficient. 5. Risk Management Liability Reduction: Outsourcing HR functions to CCM HR can help mitigate risksassociated with employee lawsuits, data breaches, or non-compliance with employmentlaws. CCM HR are experts in managing these risks. Consistent Policies: CCM HR can ensure that company policies are consistently applied,reducing the likelihood of disputes and misunderstandings. 6. Flexibility and Adaptability Adapting to Change: CCM HR provide flexibility in managing changes in the workforce,such as scaling up or down quickly in response to market demands. Support for Growth: As a company grows, its HR needs become more complex.Outsourcing can provide the necessary support without the need for a large in-houseteam. 7. Access to Broader Talent Pools Recruitment Efficiency: Outsourcing recruitment processes to CCM HR can provideaccess to a wider talent pool and more sophisticated recruitment methods, leading tobetter hires. 8. Improved Employee Retention Competitive Benefits: CCM HR can often negotiate better deals for employee benefits,making a company more attractive to current and potential employees. 10. Focus on Strategic HR Enhanced Strategy Development: With routine HR tasks handled by CCM HR, in-houseHR can focus on strategic initiatives like talent development, succession planning, andorganisational culture. By outsourcing you HR requirements to CCM HR, companies can leverage the expertise,technology, and resources of specialised firms, leading to improved efficiency, compliance,and overall business performance. CCM HR can design a fully bespoke HR package around your company’s needs, call or emailSarah and Niall with your requirements to receive a no obligation quote! team@hr.circlecm.com 01297 533003 Or visit www.circlehr.co.uk for more information. Advertorial

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One such query (Professional Deputies Forum) queries the role of a propertyand financial affairs deputy or attorney in relation to pets. In this query, theclient is in a care home and the Local Authority are suggesting that the deputyneeds to catch their cat and place it in a cattery. At the moment, the deputydoes not have access to the client’s funds and does not know the size of theestate. The deputy points out that whilst pets are “property”, they understandthat the Care Act places a duty on the Local Authority to take care of any petsthat cannot be cared for by family or relatives. The deputy also notes, that forthe time being a neighbour is checking on the cat so it is safe for now!A comment on the post confirms that pets are legal, tangible property andtherefore the responsibility of the Local Authority if section 47 of the Care Act isrelevant regarding care needs and accommodation. They note that many localauthorities have specific policies on this and there are also charities that mightbe able to help. Of course, when considering the rehoming of the pet or makingdecisions about what should happen to it, the best interests of the clientshould be considered, to include obtaining the wishes and feelings of the clientand anyone else interested in their welfare.Forum Round-Up - Pick of the PostsCharlotte Fletcher, Hugh James, Committee MemberIt is certainly the case that no two days as aprofessional property and financial affairs deputyare the same. Every week we face issues thathaven’t happened before, and where we need topause, take stock and consider the best wayforward. The Professional Deputies Forum allowsus to collaborate and talk to each other aboutthese rare and extraordinary problems that we arefaced with and try to work towards a solution. Inthis edition of the Journal, we therefore take alook at some of the queries that have arisenrecently on the forum where deputies have facedsuch issues.

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Another interesting challenge for deputies is when clients come up with their ownideas regarding the management of their property and financial affairs. Currentrecent post on the forum discuss a client setting up their own small business andthe practicalities of this (Professional Deputies Forum) and also a client whopawns items and then attempts to buy them back, often at a higher cost(Professional Deputies Forum). Often, when matters such as these arise it can beinvaluable for the deputy to have a strong relationship with the client’s casemanager (assuming one is appointed) and work together to provide a frameworkfor the client where they can be empowered to make decisions, which couldinclude setting up a small business, whilst also ensuring that they are protected asfar as they need to be with appropriate safeguards in place. If the client has afinancial advisor involved, they may also be able to provide guidance and supportin relation to business ideas. Of course, with any decisions that are being made byclients regarding the management of their property and financial affairs, an initialconsideration for the deputy and others working with them is whether the client infact has capacity to make such decisions. Please do utilise the forum to provide any further thoughts you may have tothese scenarios. It is inevitable that our clients will continue to provide us withinteresting challenges and the forum allows these to be raised and discussed in acollaborative and helpful way. Are you signed up to receive notifications of new posts in the Forum?This is managed from within your Profile (Settings) and from the individual Forumthreads where you can subscribe to a thread if it is of particular interest to youwithout the need to comment

March 25 Deputyship Matters

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