It is estimated that more than 80,000 people who have had deputies appointed for them by the Court of Protection are owed refunds of historic overpaid supervision fees.
The refunds are being offered to those who paid for a deputyship assessment or annual supervision in England or Wales between 1 April 2008 and 31 March 2015.
It is believed that £20 million is due in total – though of course some may be owed refunds which are much higher or lower than others.
82,000 people paying these fees were overcharged by the Office of the Public Guardian between April 2008 and March 2015. The Ministry of Justice says that the number of Deputyships has risen faster than expected, making it difficult to predict costs accurately. As a result, over a seven-year period the fees charged didn’t match how much it actually cost the Office of the Public Guardian to supervise deputies.
Claiming a refund
How much you’ll be refunded will depend on how much you paid in fees and at what rate, as well as how long you paid for and whether there are any unpaid fees. Refunds will include 0.5% interest on top of the amount that was overpaid.
If you’re a Deputy acting under a current court order and have been overcharged, you won’t need to do anything as the refund will be paid automatically into the relevant bank account.
But if you formerly had a Deputy, but now make your own decisions, or you previously acted as Deputy for someone who has died, then the Executors need to apply for the refund by 4 October 2022.
The Administration of Finances Team at Enoch Evans LLP have a wealth of experience in this area and are happy to assist in claiming refunds which may be due. Should you wish to discuss the issues raised in this piece with a member of our specialised team, please do not hesitate to get in touch with us on 01922 720333 for our Walsall Office of 0121 355 2336 for our Sutton Coldfield office.