All professional Deputies should be aware of the OPG105 form (introduced in March 2016) which is required for submission alongside the OPG102 Deputyship Report on an annual basis to the Office of the Public Guardian in general management cases.
When submitting General Management Bills for Assessment to the Senior Courts Costs Office in relation to Deputyship matters, they are now requesting the above information. You may or may not have received notice from the Court stating the following:
“For the attention of Financial Deputies: Following the introduction of the OPG105 form in March 2016, please ensure when submitting general management bills for assessment, copies of the Annual Report/Accounts and Form OPG105 are attached to your bill to be assessed. Thank you for your co-operation in this matter.”
Following the Professional Deputy Costs Good Practice Guidance issued by the OPG and the SCCO in July 2016, it was requested that these documents were filed alongside the Bill of Costs for assessment by the Deputy. It’s apparent that very few Deputies are following this procedure and as such, the Court appear to be reinforcing the message. The guidance states:
“When submitting their bill for assessment, professional Deputies should enclose a copy of the fees estimate previously submitted to OPG. Estimates are not binding on the detailed assessment. If the costs claimed in the bill are 20% or more above the estimate it will also be necessary to provide reasons to the SCCO as to why there is a difference.
Should there be changes in the client’s circumstances during the year (and therefore costs to their estate), the Deputy should alert OPG if the fees are likely to be 20% or more than the submitted estimate. However, it will be for the SCCO to assess the professional Deputy’s costs at the end of the reporting year and for the Deputy to explain any inconsistencies.”
The guidance can be found here:
If you have any queries in respect of the above information, please do not hesitate to contact Stephanie Kaye, Head of the Court of Protection Costs Team at Clarion Solicitors, at Stephanie.firstname.lastname@example.org or alternatively, please call 0113 336 3402.