Court of Protection Costs Draftsmen and Costs Lawyers

Managing someone’s financial affairs carries considerable responsibility. Alongside decisions about property, care funding and day-to-day expenditure, professional deputies must account for their own legal costs.

ARC Costs helps solicitors and deputyship teams prepare Court of Protection bills and navigate costs assessment. Our costs draftsmen support firms across England and Wales with individual instructions, ongoing billing requirements and complex matters needing closer attention.

Whether an annual management bill is waiting to be prepared or you need advice on the costs of a substantial application, speak to us. We can help you understand the costs issues, organise the supporting information and move the instruction forward.

Costs support with the person’s interests in mind

Court of Protection work concerns people who lack mental capacity to make particular decisions for themselves. Costs decisions therefore have a direct impact on someone whose resources may need to support them for many years.

For a professional deputy, cost recovery must sit alongside the obligation to act in that person’s best interests. Work should be necessary, reasonably undertaken and proportionate to the circumstances.

A carefully prepared claim explains what happened, why the work was required and who carried it out. It should make the assessor’s task easier while giving a fair account of the responsibilities involved.

Our costs draftsman service brings that focus to the preparation of your claim.

Supporting professional deputies and complex instructions

An annual deputyship file can contain hundreds of communications and decisions. Some concern routine administration; others involve difficult financial arrangements, property issues or substantial changes in the person’s circumstances.

Complexity needs to be explained through the records. A large time ledger does not, by itself, show why extensive professional involvement was justified.

We assist with costs drafting and advice on recoverability, including reviewing the deployment of fee earners, hourly rates and the presentation of work undertaken.

Where your instruction involves unusually demanding financial affairs, tell us what made the work difficult. That background helps identify the evidence needed to support the bill and the issues likely to attract scrutiny.

Fixed costs or detailed assessment?

The starting point is the court order and the applicable rules. A deputy should establish whether they have authority to take fixed costs or have their costs assessed.

Practice Direction 19B sets out fixed costs and deputy remuneration provisions. Detailed assessment is not automatically available simply because recorded time exceeds a fixed allowance.

For property and financial affairs deputyships, professional deputies generally cannot have costs assessed where the person’s net assets are below £20,300 unless the court specifically authorises assessment.

Checking authority before preparing a bill can prevent wasted work and unauthorised charging. An assessment certificate does not remedy an underlying absence of authority.

Preparing a Court of Protection bill of costs

A bill of costs should tell the story of the work clearly. Entries need sufficient detail to explain the task, its purpose and the time claimed.

Useful supporting documents include the deputyship order, any additional authorisations, time records, attendance notes, invoices and relevant correspondence. The reporting period and any interim payments should also be identified.

Some instructions describe the document as a “bill of cost”; the usual term is bill of costs.

Our bill of costs service supports the preparation of a structured claim. For deputyship matters, we also consider the particular assessment requirements rather than applying assumptions from ordinary civil litigation.

Hourly rates, delegation and supporting evidence

The appropriate level of fee earner matters. Routine work should be delegated where reasonably possible, while more difficult decisions may justify senior involvement.

Time records should explain that distinction. They should also make clear whether apparently similar entries concern separate tasks or repeated consideration of the same issue.

Hourly rates require supporting consideration, including the fee earner’s experience and the nature of the work. A rate appearing in the firm’s records does not guarantee its allowance.

The Office of the Public Guardian and SCCO guidance emphasises reasonable, proportionate costs and appropriate allocation of work. We help present the claim with those assessment considerations in view.

How SCCO assessment works

Where the Court of Protection order authorises assessment, the bill is submitted to the Senior Courts Costs Office.

Current HM Courts and Tribunals Service guidance allows either a Court of Protection e-bill or a paper bill. Professional applicants must use the required E-Filing process; choosing a paper bill does not remove that filing requirement.

The SCCO provisionally assesses the claim. You can accept the assessment or seek a review through the applicable procedure. Once agreed, an application is made for a final costs certificate.

Our detailed assessment service explains our wider costs support. Court of Protection assessment follows its own requirements and should be approached accordingly.

Court fees following the July 2026 changes

Court fees are separate from solicitors’ charges and costs drafting fees.

Following the July 2026 changes, the standard fee for an application to start Court of Protection proceedings is £432. The hearing fee is £266, payable where the court holds a hearing to decide the application and makes a final order, declaration or decision.

Application fees and their recoverability depend on the circumstances. The applicant is responsible for paying initially unless an exemption or remission applies. Recovery from the person the application concerns should not be assumed in every case.

Check the current HM Courts and Tribunals Service fee guidance before making an application to the court.

Frequently asked questions

Can you help with annual management bills?

Yes. Contact us with the assessment period, court order and available records so we can discuss preparation.

Can you assist with one difficult instruction?

Yes. You can instruct us on an individual matter without committing to ongoing support.

Will every item claimed be allowed?

No. The assessor considers recoverability, reasonableness and proportionality. Careful drafting supports the claim but cannot guarantee the outcome.

Let’s take the billing off your desk

You already have enough decisions to make for the people who rely on you. If a bill keeps slipping down your list, or a complicated file needs another pair of eyes, let’s talk.

Tell us what you need, where the difficulties lie and whether a deadline is approaching. We’ll discuss the work, our charges and a realistic timescale.

Call 01204 397302 or email info@arccosts.co.uk to speak to ARC Costs.