SCOPE

This procedure applies to anyone aged 18 or over who is receiving a service provided or commissioned by Hull City Council. It applies to all staff working within Hull City Council, particularly those who have responsibilities and or duties which involve the managing of customers’ finances.

RELEVANT CHAPTER

Overview of the Public Authority Deputyship and Appointeeship Process

Public Authority Deputyship and Appointeeship

This chapter was added to the APPP in December 2017.

1. Principles

People who use Adult Social Care Services should be able to use and manage their money as and when they choose. Some people may need support with managing their financial interests, but this support should not override their right to access their money and to decide how they wish to spend it.

If the person appears to lack the mental capacity to manage their own financial affairs, a formal assessment must take place as set out in the Mental Capacity Act 2005

Any action taken must involve the person as fully as possible and must be the least restrictive course available.

If a person lacks capacity, has a source of income other than state benefits or has assets worth more than £5,000 and there is no relevant Power of Attorney in place, an application for Deputyship must be made.

The application for Deputyship should be made by a suitable member of the person’s family wherever possible, but if there is no one who is willing and able, then Hull City Council should make the application.

2. Procedure Steps

1 If a customer of Hull City Council Adult Social Care meets all of the following criteria then the Social Worker or Team Manager must notify the Shared Support Services Team Leader that an application for financial Deputyship must be made to the Court of Protection.
  • S/he has been assessed as lacking capacity to manage his/her own financial affairs
  • S/he has a source of income other than state benefits or has assets worth more than £5,000
  • There is no relevant Power of Attorney in place
  • There is no suitable family member who is willing and able to apply for Deputyship.
Social Worker/ Team

Manager

2 Upon receipt of the application, the following forms must be completed and signed. The forms can be found and downloaded from the Government website
  • COP1 – Application form
  • COP1A – Supporting information for property and affairs application
  • COP3 – Evidence of capacity (Part B must be completed by an appropriate practitioner – see next step)
  • COP4 – Deputy’s declaration

It is important that sufficient information is provided to the court to enable it to make an order. If insufficient information is provided the court will need to request further details and this will lead to delays.

Assistant City Manager Shared Services

Social Worker

3 COP3 – Evidence of capacity should be sent to an appropriate practitioner together with a request for completion of Part B. An appropriate practitioner would be a psychiatrist, the person’s GP or a practitioner with specific training in the Mental Capacity Act such as a Best Interest Assessor. Depending upon who is asked to complete the form, a fee may be payable. Assistant City Manager Shared Services
4 Permission to apply (form COP2) is not required for the appointment of a deputy for property and affairs.

Two copies of the COP1 should be sent to the Court of Protection but only one copy of the other forms along with the application fee, currently £400. All cheques for payment of court fees should be made payable to ‘Her Majesty’s Courts & Tribunals Service’ or ‘HMCTS’.

A copy of every document must be kept for reference.

Assistant City Manager Shared Services
5 When the Court receives the complete application (the original and one copy of all forms and supporting documents), it will ‘issue’ it by putting an original stamp on the application form and return this, along with the following forms:
  • COP5 – Acknowledgement of service/notification;
  • COP14 – Proceedings about you in the Court of Protection;
  • COP14A – Guidance notes for completing form COP14;
  • COP15 – Notice that an application form has been issued;
  • COP15A – Guidance notes for completing form COP15; and
  • COP20A – Certificate of notification/non-notification of the person to whom the proceedings relate;
  • COP20B – Certificate of service/non-service, notification/non-notification;
  • COP21A & COP 21B – Guidance notes on how to complete forms COP20A and COP20B.
Court of Protection
6 Under the Court of Protection Rules, certain people must be informed about the application within 21 days of the Court ‘issuing’ it. The forms will be returned to the Assistant Head of Service (Shared Services) who must ensure that:
  • A copy of the application form and any forms or documents sent in support of the application are ‘served’ on anyone named as a respondent in the application;
  • Relatives and others named in the application as likely to have an interest in the application are ‘notified’ by using form COP15 – Notice that an application form has been issued.

The most common way to serve or notify someone is to send the documents by first class post to their home address. However people can also be served documents by fax, document exchange or in person.

When people are served or notified people about the application they must also be given a copy of form COP5 – Acknowledgement of service/notification and asked to return it to the Assistant City Manager (Shared Services)

Assistant City Manager Shared Services

Social Worker

7 Notification must be provided personally to the person to whom the application relates (the customer) within 21 days of the Court issuing the application form. The Assistant City Manager (Shared Services) should ask the practitioner who knows the person best to do this and s/he must provide the information in a way that is appropriate to the person’s circumstances, for example using simple language, visual aids or any other means.

S/he must explain:

  • who the applicant for Deputyship is;
  • that the application raises the question of whether they (the customer) lack capacity and what that means;
  • what effect the outcome of the application would have
  • details of any person who would be appointed to make decisions on their behalf; and
  • that they may seek advice and assistance in relation to the application.

The practitioner must also provide the customer with the following forms:

  • COP5 – Acknowledgement of service/notification; and
  • COP14 – Proceedings about you in the Court of Protection.
Social Worker/ Team Manager
8 After all of the relevant people have been served or notified the following must be completed and returned to the Court within seven days of the date of service / notification.
  • Form COP20A in relation to notifying the person the application is about
  • Form COP20B listing on the form other people you have served or notified.

Where possible, these should be sent together so that the application is not delayed.

If the 21 day timeframe for service and notification cannot be achieved, an explanation must be provided to the court on the forms COP20A/COP20B.

Assistant City Manager, Shared Services
9 Each person served or notified has 21 days in which they may respond to the court so no action will be taken by the court until 21 days have elapsed from the date on which the last person was served or notified. This is known as the statutory waiting period.

After the statutory waiting period the court may consider the application and next steps. This will be based on the type of application made and whether anyone objects to the application or has proposed that a different order is made. The court may decide to:

  • make a decision based on the application without an attended court hearing. The vast majority of applications to the Court are decided without the need for anyone to attend court.
  • give directions about your application and next steps to be taken; or
  • fix a date, time and place for a hearing to be attended by the parties.
Court of Protection
10 If the court cannot make a final decision when it initially considers the application, it may give directions about what anyone involved in the application must do to bring the matter to a conclusion. Directions may include to:
  • provide additional evidence;
  • obtain reports from the Public Guardian, a Court visitor or Social Services;
  • decide whether anyone else, for example the Health Authority, should be involved in the application; or
  • set a date or timetable for the final hearing of the application.
Court of Protection
11 If the court decides to hold a hearing, everyone involved in the application will receive a COP28 – Notice of hearing form. This will include the date, time and details of where the hearing will take place. Court of Protection
12 Within 21 days of the date of receipt of the notice of hearing (and no later than 14 days before the date of the hearing) the person to whom the application relates (the customer) must be informed of the date of the hearing, using form COP14 – Proceedings about you in the Court of Protection. The Assistant City Manager (Support Services) may delegate this task to the practitioner who knows the customer best, who must also explain to the customer that they may seek advice and assistance in relation to the hearing.

 

Assistant City Manager, Shared Services

Social Worker/ Team Manager

13 Form COP20A must be completed and returned within 7 days of making that notification.

 

Assistant City Manager, Shared Services
14 After the court has made its decision every party will be sent official copies of the order.

All the information contained in the order, including the spelling must be checked and any errors specified on form COP9. All available copies of the order, together with form COP9 must be returned to the Court for amendment within 21 days. Amendments must not be made to the orders themselves as this will render them invalid.

Assistant City Manager, Shared Services
15 Within 21 days of the final order being made the person to whom the application relates (the customer) must be informed of the final order, its effects and that they may seek advice and assistance in relation to the order. This should be done using form COP14: Proceedings about you in the Court of Protection. The Assistant City Manager (Support Services) may delegate this task to the practitioner who knows the customer best. Assistant City Manager Shared Services

Social Worker/ Team Manager

16 If the order is made without an attended hearing or without notice to anyone affected by the order, then that person may apply to the court for the order to be reconsidered if they are dissatisfied with the outcome. The person to whom the application relates can also ask the court to reconsider its order.

An application for reconsideration must be made within 21 days of the date the order is served, using form COP9.

17 The court requires that all deputies appointed to manage a person’s property and financial affairs arrange a security bond with an insurer. The court will set the level of the security bond, determined by the amount of funds that the deputy will have control of, including any non-cash assets such as property. The premium on the bond must be paid before the court sends out the sealed orders, and the deputy is responsible for paying annual premiums. These may be paid from money held for the person who lacks mental capacity, or paid from the deputy’s own funds and reimbursed when access to the customer’s bank account is available. Assistant City Manager Shared Services
18 When the Order has been sent by the Court of Protection authorising Public Authority Deputyship, the relevant processes and protocols will be followed to manage investments and properties. All monies will be lodged together in a bank account opened in the Deputy’s name on behalf of the individual. The Deputy must ensure all income is being received and all payments are made on time on behalf of the customer. As and when required and deemed appropriate, money will be issued to the person or to a third party to be used on the person’s behalf. This will be by way of a bank transfer, cheque or cash monies depending on the situation. Assistant City Manager Shared Services
19 When money is issued to a third party to be used on the customer’s behalf, it is the Deputy’s responsibility to make sure the money is used in the best interest of the customer. The Deputy may discharge this responsibility via twice annual visits or the receipt of twice annual accounts from the third party with itemised expenditure accompanied by receipts. Assistant City Manager Shared Services
20 The Court of Protection will request annual Deputy Account Report Forms. It is the Deputy’s responsibility to ensure these are completed and sent back on time with all information required. Assistant City Manager Shared Services
21 In a small portion of cases a Court of Protection Order can be terminated or revoked. This would happen where the customer makes a recovery and is able to manage their own finances, if a relative feels willing and is able to become the deputy, if the customer moves to another Local Authority or if the Public Authority Deputy is found by the Office of the Public Guardian to be failing in his/her duty.