What is the OPG 105 Form?

The OPG 105 form is used for the management of professional deputy costs on an annual basis. Details of costs incurred in the previous year and an estimation on costs for the next reporting year, also known as the General Management year must be provided within this form. Estimates for the following categories of work will be required within the OPG 105 form:

• Attendance and communication – This includes contact with the client, their family, and friends; contact with case managers and care providers; contact with other parties.
• Work on forms and other documents – General administration work and management of the Protected Person’s finances.

The form, similar to a Costs Budget or case plan, is used to ensure that all planned costs are carefully considered. You should submit the form to the SCCO to assess alongside the bill of costs and the OPG102 Deputyship Report. The costs estimated within the form will be scruitinised and should be reasonable and proportionate to the protected party’s estate value.

The Senior Courts Costs Office will assess the bill of costs alongside the OPG 105 form to ensure costs claimed in the bill are not unreasonably high in comparison to the OPG 105 form. According to the form:-

“If your Bill of Costs is 20% or more above the amount you have given here, you will need to give an explanation to the SCCO when you submit your bill to them at the end of the next reporting period. Please note the SCCO may still query the information we give in this insert in their assessment of your costs.”

As such it is extremely important that your estimate is correct, and it would be worthwhile obtaining the input of a Costs Draftsman/Lawyer with expertise in Court of Protection costs to complete your OPG105.  With the forthcoming update to the electronic Bill of Costs to accommodate Court of Protection work, it is believed that this will include specific reference to the previous OPG105 completed, and therefore any variations in the amounts claimed will be scrutinised more closely.

Claiming Professional Deputy Costs

The SCCO and the The Office of the Public Guardian issued a “Good Practice Guidance” document in March 2016 to provide information on the costs that can reasonably be claimed in these types of cases. The guidance provided is briefly outlined below:

• Except in exceptional circumstances, SCCO Guideline Hourly Rates will be permitted
• A Grade D fee Earner or a non-fee earner should be used for carrying out routine tasks such as checking bank statements or arranging payments.
• No more than three minutes will generally be allowed for paying bills or arranging payments
• No more than three minutes will be allowed for small, routine tasks or correspondence
• Excessive contact with parties should be avoided as one home visit per year will generally be allowed. Costs for additional visits may be allowed depending on the circumstances
• Permission from the COP will be required for work relating to welfare
• Duplication of time for fee-earners will be disallowed
• Evidence for work carried out should be provided using file notes
• Internal correspondence and office overheads are not recoverable
• Litigation costs will not be allowed
• The preparation of a bill of costs can be recovered using grade D rates
• Professional costs must be limited to 4.5% of the Protected Party’s estate per year in hardship cases
• Professional costs should be agreed with the executor of the estate upon the client’s death
• The OPG 105 form should be submitted on an annual basis alongside the bill of costs 

The form is available using the following link: https://www.gov.uk/government/publications/deputy-annual-report-accounting-for-your-actions.

How can ARC Costs Assist?

The ARC Costs team understand the importance of getting your OPG 105 form and Bill of Costs right for each General Management period. We are highly experienced Costs Lawyers and Costs Draftsmen, who have a team that specialise in preparing and submitting OPG 105 forms and Court of Protection Bills of Costs.

We can be contacted via email at info@arccosts.co.uk, or by telephone on 01204 397302. For more information on legal costs, please find out more about our speciality areas of expertise on our legal costs page.

ARC Costs assist in the full spectrum of legal costs work and are able to provide a range of drafting, negotiation, assessment and costs recovery services. To find out more, complete our no-obligation contact form at the top of the page, and one of the team will respond on the same day.

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