Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made the impact of delays at the Senior Courts Costs Office on solicitors' firms receiving payment for (a) all cases and (b) cases at the Court of Protection.

The Senior Courts Costs Office (SCCO) assess bills of cost arising from proceedings in the High Court, London County Courts and Tribunals and the Court of Protection. They only make the actual payment of costs in Legal Aid cases.

There are two stages to process by which solicitors’ firms receive payment following the submission of bills of cost. The first stage involves an assessment of the costs submitted to the SCCO. The second stage involves the issue of a certificate that provides the authority for the payment to be made. The certificate is only issued when the assessment has been agreed by the relevant parties.

All bills of costs arising from High Court or London County Court and Tribunal proceedings are currently being assessed within the statutory timelines. Certificates in these cases are being issued within 5 days of the assessment having been accepted.

As at the 14 April 2023 the number of Court of Protection bills waiting for assessment was 5,975. This is made of up 5,544 bills under £35,000 with waiting times of 38 weeks and 431 bills with a value of between £35,000 and £100,000 with waiting times of 47 weeks. The current time taken to issue a certificate is 20 days from the assessment having been agreed. The party then submits the certificate to the Office of Public Guardian to authorise payment from the protected party’s funds.

Court of Protection Rules enable solicitors to reimburse themselves for work undertaken in the first three-quarters of the year up to a maximum of 75% of the estimated annual charges. At the end of the year the bill is submitted to the SCCO for assessment. The total figure approved by the SCCO is adjusted to reflect any such payments on account.

HMCTS is committed to reducing the time taken to deal with Court of Protection Bills and has also reallocated resource to help with this.