Court of Protection Costs Recovery (2023)

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What is the Court of Protection?

The Court of Protection is a specialist court in England and Wales that deals with matters related to the protection of vulnerable adults who lack the mental capacity to make decisions for themselves. The court has the power to make decisions about the person’s welfare, financial affairs, and property, and to appoint deputies to act on their behalf.

The Court of Protection was established under the Mental Capacity Act 2005 and replaced the former Court of Protection and the Office of the Public Guardian. Its primary role is to protect and promote the best interests of people who lack the capacity to make decisions for themselves, and to ensure that decisions made on their behalf are made in their best interests.

Some of the types of cases that the Court of Protection may deal with include decisions about medical treatment, whether a person should live in a care home or receive care at home, disputes over property and financial affairs, and applications to make a deputyship order.

The Court of Protection has the power to make decisions on behalf of vulnerable adults, but it also aims to encourage individuals to make their own decisions where possible. The court is open to the public and operates with a high degree of transparency to ensure that its decisions are fair and in the best interests of those it seeks to protect.

Court of Protection Costs

Legal costs in Court of Protection cases can be significant and complex, and it is important for anyone involved in such cases to understand the potential costs involved. Court of Protection costs may include an application fee, solicitor/ professional deputy fees on an hourly rates basis and expenses related to medical reports, expert opinions, and other costs associated with the case.

Court of Protection fees, i.e, the fees for making an application to the court include an application fee in the sum of £371, which is payable when parties submit their application form to start proceedings. An appeal fee of £234 and a hearing fee of £495 may also be payable in some cases.

In general, the costs in Court of Protection cases are paid from the assets of the person who lacks capacity, unless there are other sources of funding available. The court may also order that some or all of the costs be paid by another party, such as a family member or a professional who has acted unreasonably.

Court of Protection costs cases are governed by the Court of Protection Rules, which set out the procedures for cost assessment, billing, and payment. The court has the power to review and assess the reasonableness and proportionality of the costs claimed, and to make orders about the payment of costs.

In some cases, it may be possible to obtain legal aid to cover the costs of a Court of Protection case, but this is subject to strict eligibility criteria and may not be available in all cases.

Acting as a Professional Deputy in relation to financial affairs for vulnerable individuals requires ongoing assistance to preserve and maximise their financial position.

It is recommended that a Bill of Costs is submitted by a Professional Deputy on an annual basis, further to which an estimate of future costs will need to be calculated and submitted with the OPG105.


How can ARC Costs assist?

ARC Costs can prepare your Bill of Costs from a file of papers and/or through provision of digital instructions. Our costs lawyers and draftsmen will ensure that any Bill of Costs is prepared in line with the best practice guidance, as well as providing advice on any items we consider to be irrecoverable on assessment.

Should you wish to discuss your costs query with us, please contact us on 01204 397302 or email the team at Alternatively, you may complete the enquiry form on our website and a costs expert will contact you to discuss your query.

Request Your Free Quotation

Contact us today for your free, no obligation quotation. Our team are on hand to help.


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