How Deputies Can Maximise Court of Protection Bills: A Practical Guide - Law Costs Draftsmen

Managing the affairs of someone who lacks capacity is an enormous responsibility. Deputies must ensure the protected party’s needs are met, all decisions are properly documented, and costs remain reasonable and proportionate. Yet, when it comes to preparing Court of Protection (COP) bills, many deputies unintentionally undersell the time and care involved in their work.

At a time of increasing scrutiny by the Senior Courts Costs Office (SCCO), maximising COP bills is not about inflating costs — it’s about accurately reflecting the work actually done, ensuring the deputyship remains financially sustainable and compliant.

Below are practical steps deputies can take to ensure their costs are properly recorded, justified, and recoverable.

1. Keep Detailed, Contemporaneous File Notes

The single most important factor in maximising recoverable costs is the quality of your file notes.

Strong file notes should:

• Record who did the work, why it was necessary, and what outcome it achieved

• Be made at the time the work was done (or as close as possible)

• Reflect not only actions, but also professional judgment and decision-making

For example, instead of :“Phone call with care home.” Use: “Spoke with care home manager regarding concerns about deterioration in P’s mobility. Agreed urgent review of care plan to ensure appropriate support.”

This level of detail demonstrates necessity and avoids reductions.

2. Properly Record Travel and Mileage

Travel is often under-recorded or poorly justified, leading to avoidable reductions.

To maximise recovery:

• Record start and finish times

• Note the purpose of the visit and why it couldn’t be handled remotely

• Ensure mileage records are consistent with mapping tools

• Consider whether the seniority of the fee earner attending is proportionate

In-person visits remain vital in deputyship work — but must be clearly justified.

3. Ensure All Work Categories Are Captured

Deputyship work spans many categories, but common areas are often missed or under-recorded.

Frequently overlooked items include:

• Liaising with social services

• Ensuring compliance with deprivation of liberty safeguards (DoLS)

• Managing disputes with family members

• Reviewing bank statements and analysing spending

• Arranging and attending multidisciplinary team meetings

• Time spent preparing statutory visit packs for OPG visits

• Responding to safeguarding alerts

Small increments of time quickly add up over a year.

4. Distinguish Between Administrative and Deputy-Level Work

The SCCO expects deputies to delegate appropriately — but also recognises that certain tasks must be performed by the deputy or a fee earner.

Deputy-only tasks typically include:

• Complex decision-making

• Financial planning

• Best-interests decisions

• High-level risk management

If a more junior fee earner or admin staff member completes a task, record it as such — but ensure deputies record their supervisory role. Delegation helps show proportionality and improves recoverability.

5. Review Hourly Rates and Update Annually

Many COP bills under-recover simply because the hourly rates are outdated.

Deputies should:

• Ensure annual applications for general management increases are made where appropriate

• Use guideline hourly rates correctly and update them when revised

• Clearly justify uplifts (e.g., where a case is especially complex or high-risk)

Failing to maintain correct rates results in automatic reductions — even when the work was necessary and reasonable.

6. Provide Evidence of Complexity

Complexity supports higher rates and greater time expenditure, but must be demonstrated, not assumed.

Useful evidence includes:

• Challenging behaviour

• Multi-agency involvement

• High-value or high-risk financial assets

• Frequent safeguarding concerns

• Complex care or medical needs

Your file should tell the story of the case’s complexity. If it doesn’t, your bill won’t either.

7. Keep Clear Financial Management Records

Financial tasks make up a significant portion of deputyship work, yet they are often insufficiently recorded.

Make sure you:

• Document every financial decision

• Record time spent reviewing accounts, budgets, and care costs

• Keep clear audit trails of payments

• Record time spent liaising with investment advisers or managing property matters

This demonstrates due diligence and safeguards against potential challenge.

8. Prepare Yearly Schedules of Work

Preparing a year-end summary helps ensure the final bill is comprehensive and consistent.

A good schedule should include:

• Total time per fee earner

• Key events and decision-making milestones

• Breakdown of categories (property, finances, health/welfare, supervision, visits)

This also supports deputyship reporting obligations.

9. Engage a Specialist Costs Draftsman Early

A costs draftsman experienced in Court of Protection matters can:

• Identify missing work categories

• Correct inconsistencies

• Maximise recoverable time

• Prepare a fully compliant bill

• Provide advice on future file-keeping improvements

• Reduce the risk of SCCO queries or reductions

Many deputies find that early involvement not only improves recoverability but enhances compliance.

Conclusion

Maximising Court of Protection bills is not about increasing costs artificially — it’s about ensuring the time, expertise, and responsibility involved in deputyship work is properly captured and justified.

By maintaining detailed records, evidencing complexity, delegating appropriately, and reviewing your rates and processes regularly, deputies can significantly improve their recoverable costs while remaining fully compliant with COP and SCCO expectations.

If you’d like help preparing or reviewing your Court of Protection bills, optimising your file-keeping practices, or minimising SCCO reductions, SPH Costing Services can support you every step of the way.