Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what estimate has been made of the average costs incurred by individuals subject to professional deputyship orders in the last five years.

We do not hold data on the average costs incurred by individuals subject to professional deputy orders.

The Court of Protection sets strict rules about what deputies can charge, which are governed by specific practice directions and rules. Practice Direction 19B (PRACTICE DIRECTION 19B – FIXED COSTS AND DEPUTY REMUNERATION IN THE COURT OF PROTECTION) sets out the responsibilities of deputies in ensuring costs are justified, reasonable, and in P’s best interests. The Practice Direction provides a schedule of fees (fixed costs) that deputies, either solicitors or public authority officeholders, can charge when they have been authorised to act for P.

If professional deputies choose not to take fixed costs, they can have their costs assessed by the Senior Courts Costs Office (SCCO). The Office of the Public Guardian and the Senior Courts Costs Office have produced guidance to ensure costs charged to vulnerable individuals’ estates are reasonable, proportionate, and fully justified as well as maintaining public confidence through transparency, accountability, and consistent standards: Professional Deputy Costs - GOV.UK

Court of Protection proceedings involve personal, sensitive matters and enable decisions made in the best interests of the person who lacks the mental capacity to make those decisions themselves. A transparency order in the Court of Protection restricts the publication and communication of information from proceedings. They support the principle of open justice by allowing court of protection hearings to be heard in public whilst protecting the privacy of vulnerable individuals.