The Court of Protection (COP) oversees the personal welfare and property and financial affairs of individuals lacking capacity, the Senior Courts Costs Office (SCCO) plays a crucial role in assessing the costs incurred by professional deputies and legal representatives acting in those matters. Understanding the interplay between the two bodies is essential for ensuring that costs are both recoverable and properly authorised.

The COP may grant a deputy authority to recover fixed or detailed assessed costs. However, it is the SCCO that carries out the actual scrutiny and quantification of those costs, particularly where an assessment is required. Deputies must ensure that the costs claimed reflect work that was reasonably incurred and proportionate to P’s needs, and that appropriate authority was in place at the time the work was done.

Importantly, if a deputy fails to obtain proper authority for certain categories of work (such as property transactions), the SCCO may not allow those costs unless authority is obtained from the COP. This can lead to delays, disallowed costs, or reputational risk if not properly managed.

In addition, the timing of assessment is a key consideration. Costs must generally be assessed within six years of P’s death. After death, no further costs can be incurred or assessed, meaning deputies should act promptly in submitting any final bills and ensuring all pre-death work is clearly recorded and justified. Failure to do so may result in irrecoverable fees.

It’s also important to note that the SCCO will provisionally assess bills and will usually only hold a hearing if there is an appeal that requires it. Deputies should therefore ensure that their narrative is clearly set out and supported by accurate time records, as the Court will not hesitate to reduce or strike out entries that are unclear, excessive, or not properly authorised.

The Costs Team at BHP Law is well-versed in navigating the complexities of COP costs assessments. We provide expert guidance on ensuring SCCO compliance, advising where retrospective authority is needed, and supporting deputies through every stage of the costs recovery process. Whether you require advice on a single bill or ongoing support, we offer a transparent, responsive and tailored service.