On Tuesday 11th of November, a COP Symposium was held to bring together the key stakeholders in the industry and to discuss potential solutions and ways forward to tackle the issues faced by professional deputies.

A breakout session was held on the day to examine the issues faced relating to costs recovery and potential pragmatic solutions. The discussion highlighted growing concerns over proportionality, consistency, and administrative burden in the assessment of costs in COP matters, and considered a number of practical reforms that could deliver greater efficiency for both practitioners and the court.

Fixed Recoverable Costs in COP Cases

The introduction of Fixed Recoverable Costs (FRC) for lower-value COP cases has been raised with Senior Judge Jason Rowley at the SCCO. The PDF has provided input on how such a system might operate in practice.

Under the proposal, COP cases with costs under £7,000 would fall within the FRC regime. The objective is to remove the need for detailed assessment in low-value matters, thereby reducing delays and administrative strain at the SCCO. Estimates suggest that approximately one quarter of the SCCO’s current caseload could be captured by FRC, enabling quicker resolutions and freeing up judicial resources for more complex cases.

A move to FRC in this area would also offer professional Deputies a clearer and more predictable fee framework, reducing uncertainty for clients and promoting consistency across similar cases.

Interim Bills and Interest

A proposal was advanced to permit interim bills following receipt of a final order in application matters, at approximately 60–75% of the total assessed amount. This would enable better cashflow like general management cases.

There was an additional discussion around interest charges and how these cannot be applied to COP cases until the final costs certificate was received, which seemed unnecessarily restrictive given the SCCO delays.

Increasing Fixed Fees

Delegates observed that current fixed fees, though subject to occasional increases, have not risen sufficiently to reflect inflation or the realities of practice. Several reform options were proposed:

• Introducing banded fixed fees based on the value of the protected person’s estate.
• Reviewing and potentially linking the hardship threshold to asset values at the start of the reporting period rather than the end.
• Exploring regional variations in fixed fees to reflect differing costs of practice across the country.

These measures would better align remuneration with workload and regional cost pressures while retaining predictability.

Proposed Amendments to Practice Direction 19B

A key area of discussion centred on amendments to PD19B, particularly regarding fixed fees, interim billing, and structural reform within the SCCO.

SCCO Consistency and Structure

Concerns were expressed about variations in assessment outcomes between different SCCO assessors handling similar work. Greater consistency was seen as essential to maintaining fairness and predictability. Participants advocated for a more standardised approach and clearer internal guidance to ensure alignment across assessors.

Revisiting the Short Form Threshold

The short form threshold—currently £3,000—has remained static for many years and is not prescribed by legislation. Given that the Official Solicitor now handles roughly twice the number of assessments as a decade ago, an increase to £5,000 was widely supported as a proportionate and practical step.

Such a change would more accurately reflect inflation and contemporary practice levels, while reducing administrative burdens for both Deputies and the SCCO. No professional conduct concerns were identified in connection with this proposal. Additionally, for multiple cases involving the same Protected Party but different parties to proceedings, the group suggested exploring collective assessment mechanisms to promote fairness and efficiency.

Improving SCCO Processes and Understanding

Delegates also considered how greater clarity and collaboration between the PDF and SCCO could improve the overall assessment process. The PDF could assist by producing practical guidance for assessors outlining:

a) The appropriate levels of responsibility for specific tasks.

b) The rationale for senior input in complex or sensitive work areas.

Further improvements could include more consistent e-bundle guidance and, in the longer term, automation of Final Costs Certificates upon receipt of assessed bills, streamlining administration and reducing turnaround times.

Improving SCCO Processes and Understanding

Delegates also considered how greater clarity and collaboration between the PDF and SCCO could improve the overall assessment process. The PDF could assist by producing practical guidance for assessors outlining:

a) The appropriate levels of responsibility for specific tasks.

b) The rationale for senior input in complex or sensitive work areas.

Further improvements could include more consistent e-bundle guidance and, in the longer term, automation of Final Costs Certificates upon receipt of assessed bills, streamlining administration and reducing turnaround times.

Conclusion

Fixed Recoverable Costs, revised fee structures, and improved process consistency all have the potential to deliver tangible benefits: fairer remuneration, reduced delay, and a more proportionate approach to costs assessment.

As reform gathers pace, collaboration between the PDF, SCCO, and wider stakeholder community will be critical to ensuring that any new system achieves both procedural efficiency and the continued protection of the best interests of those at the heart of the jurisdiction—the Protected Parties themselves. Whilst representatives from the SCCO sadly were not in attendance at the COP Symposium, all proposals will be shared with them and the PDF will be pushing forward to try and encourage positive change in the costs space in the future.