The SCCO has recently provided guidance on post-discharge costs, clarifying their stance on authority for assessing these costs and what this means in terms of claiming work in detailed assessments.
What is “Post-Discharge Work”?
Post-discharge work refers to tasks undertaken after a Deputyship has officially ended. This could include wrapping up outstanding matters, liaising with successors, or providing accounts. While it might feel like a continuation of the Deputy’s duties, the SCCO has made it clear that the scope for cost recovery in these cases is very limited.
SCCO Guidance
According to the SCCO, a Deputy’s authority ceases upon discharge and therefore, the SCCO cannot assess costs for work done after discharge. The SCCO consider that post-discharge begins two days after the date on the seal of the discharge Order. This means any work undertaken after this short buffer period is technically outside the Deputy’s authority and will be disallowed on assessment as a result.
What Happens With Costs After Discharge?
Most discharge Orders include provisions for the costs to be agreed with the new Deputy. This allows some flexibility in transferring responsibility however, if agreement with the successor Deputy cannot be reached, the burden falls on the outgoing Deputy to determine the best way forward in terms of recovering their costs.
Practical Takeaways
- Plan ahead: Deputies should aim to complete as much work as possible before the discharge Order is sealed.
- Clarify costs in advance: If work is likely to continue post-discharge, consider negotiating with the successor Deputy before discharge and include a costs clause within the discharge Order to allow for costs to be agreed.
- Document carefully: Keep a clear record of any post-discharge tasks and communications—this can help if disputes over costs arise.
Conclusion
The SCCO guidance makes one thing clear: post-discharge costs are outside the formal remit of court assessment. While this may seem restrictive, it is consistent with the principle that a Deputy’s authority ends at discharge and Deputies to should take the appropriate steps ahead of the discharge to limit post-discharge work wherever possible. Effective planning and clear communication with successor Deputies can help mitigate potential disputes over outstanding costs.
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