Question to the Ministry of Justice:

To ask His Majesty's Government to whom the Official Solicitor reports concerning (1) fee setting and (2) decisions to represent.

In most cases, the decision to instruct the Official Solicitor is made by the Courts where no other suitable person has been identified. The Official Solicitor, Sarah Castle, can act as her own solicitor or instruct a private firm of solicitors to represent her.

The Official Solicitor does not charge for acting as a litigation friend, only for her Court of Protection and Trust work, with authority to do this provided via individual Court Orders.

Where the Official Solicitor instructs an external legal firm to represent, costs can be recovered from the client and/or legal aid when the eligibility criteria is met. In house Court of Protection work is charged based on hourly charge out rates which are set by Senior Courts Costs Office.