Page 19 - PIC Magazine-Issue-27-Autumn-Winter

An indexed or bookmarked bundle is not simply a nice
extra: it can materially assist the assessment. Clear
headings, date ranges and cross-references to the
bill can help the Costs Offi cer understand what was
done, why it was required and where the supporting
evidence sits. In a climate where delay is already a
concern, a well-presented bundle is one of the few
practical steps within a practitioner’s control.
SCCO Turnaround Times: Planning For Delay
Delays at the SCCO continue, unfortunately, and they
remain a signifi cant factor when advising deputies and
managing expectations. The current picture means
that costs recovery is not a quick administrative step
at the end of the deputyship year. It is a process that
needs to be planned for well in advance.
AT THE TIME OF WRITING, THE BROAD HEADLINES
ARE AS FOLLOWS:
Acceptances (or rejections!)
of assessments (following
request for assessment fi led).
2WEEKS
APPROX.
16Lead in time for receipt
of fi les to assessment.
MONTHS
Final Costs Certifi cates.
2
APPROX.
WEEKS
These fi gures should always be treated as a snapshot
rather than a guarantee. Even so, they demonstrate
the importance of lodging bills promptly and ensuring
that the request for assessment is complete, signed
and dated correctly at the fi rst attempt.
In practical terms, a deputy may be looking at around
17 to 18 months from the start of the process to
conclusion for bills up to £35,000 in profi t costs.
For bills between £35,000 and £100,000, the delay
can be longer still. We have recently seen an indication
of a delay of around 22 months for a bill in that bracket,
which is a sobering reminder that the headline SCCO
fi gures do not always tell the whole story.
Bills exceeding £100,000 are usually assessed by a
Costs Judge. In those cases, practitioners should
expect to receive notice of the provisional assessment
date and may be asked to provide supporting papers
at that stage if required. Timescales are likely to vary
depending on the judge assigned and the complexity
of the bill.
Against that background, deputies should not
overlook the ability to take interim invoices during
the deputyship year, up to 75% of estimated costs
or work in progress, whichever is lower. Interim
billing will not solve the delay entirely, but it can
ease cashfl ow pressures and avoid a situation where
a very substantial amount remains unrecovered for
an extended period.
Part of FTG Advisory
When Should The Bill Be Submitted?
The short answer is: as soon as reasonably possible after the end of
the deputyship year, or after the relevant application has concluded.
That does not mean rushing a defective bill out of the door. Rather,
it means putting systems in place so that instructions can be sent
to the costs draftsman promptly, the required reports and estimates
are available, and signatures and dates are checked before fi ling.
The OPG and SCCO professional deputy costs guidance describes
it as good practice, and in P’s best interests, for the professional
deputy to submit their general management bill annually, as close
to the end of the annual management year as possible.
I appreciate that, in some cases, the previous year’s bill may not yet
have been assessed by the time the next bill is ready. That can feel
unsatisfactory. However, waiting for the previous assessment before
preparing the next bill risks compounding the delay. Submitting bills
annually helps demonstrate transparency, supports OPG oversight,
and keeps your practice manager happy too!
Mileage Claims: A Welcome Uplift
To round off this update, there is some welcome news for those
who travel to see clients. After many years at 45p per mile, the
approved mileage rate for cars and vans has increased to 55p per
mile for the fi rst 10,000 business miles. The new rate applies to
business travel undertaken on or after 6 April 2026.
For deputies and those supporting them, the change is more than
a technical tax point. Many client visits are unavoidable, particularly
where P’s circumstances, accommodation, care arrangements or
welfare require a face-to-face meeting. The increased rate better
refl ects the reality of fuel costs, insurance, servicing and the general
expense of keeping a vehicle on the road.
Reasonable travel expenses can still be claimed where attendance
is required. That may include ULEZ charges, congestion charges,
bridge tolls and parking fees, provided they are properly incurred
and evidenced. As ever, the key question is whether the expense is
reasonable and properly connected with the work undertaken for
P. Subsistence remains an area to approach with caution; a post-
meeting lunch may be necessary for the traveller, but it is unlikely
to be something the SCCO will view with the same enthusiasm.
Final Thoughts
That brings this COP costs round-up to a close. If there is
one theme running through all of the above, it is preparation.
A carefully presented bundle, a prompt annual submission,
and a clear understanding of what can and cannot be claimed
will not remove every delay, but they will put the deputy in the
best possible position when the bill reaches assessment.
As many readers will know, costs are rarely black and white.
There are often shades of grey between what feels necessary
on the fi le, what is recoverable on assessment, and what
remains proportionate in the context of P’s estate. If you have
any queries arising from this update, or any other costs-related
issues, please do get in touch with me or the team. We would
be very happy to discuss the position and
see how we can help.
Paul Cruickshanks
Head of Court of Protection
at A&M Bacon.
Partners In Costs - Your Costs Experts
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