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The Joys of Court of Protection Costs
When people ask what I do for work, the first thought that usually comes to mind is “how do I explain this succinctly without being met with a blank expression?”
I normally start by saying that it is a very niche area. It is not the kind of role most people come across unless they actively need it in order to be paid for their work.
Throughout my childhood, if you had asked me what I wanted to do when I was older, I would have said I wanted to be a midwife. I had always felt strongly about women’s health and about caring for people when they are at their most vulnerable. That remained my answer until I reached the point of choosing my A-Levels, when Law became an option. By then, I had also realised that I was perhaps a little too squeamish for midwifery, so I decided to explore a different path.
At the time, I was drawn to new subjects. Law had not been offered at GCSE, so I decided to give it a go. I was quickly converted, largely because my teacher was so engaging and the subject was factual, but always open to scrutiny, argument and development.
I applied to universities and was offered places at campuses across the country. However, as the time approached, it did not feel quite right to go, so I started looking at alternatives.
Most Costs Lawyers and Costs Draftspeople I have spoken to over the years say much the same thing: they fell into costs. It is not usually something you learn about in law modules, read about in the news, or come across in everyday life.
During my A-Level studies, I worked at a local care home as a care assistant on a ward specialising in dementia. Most of my shifts involved serving breakfast, making countless cups of tea and having lovely conversations with residents about their histories, families and life experiences.
Even then, it had not crossed my mind who looked after their finances. To me, they were simply individuals with their own preferences and routines. One resident liked their toast hot but the butter unmelted, which remains still one of the biggest challenges I have ever faced in my career.
A friend mentioned that the law firm above the office where they worked was advertising apprenticeships. I applied without knowing much about the role, other than that it was in law and would allow me to learn while earning. That was enough to make me go for it.
I was still unsure whether I had made the right decision not to go to university. Then the stars aligned. My first file was for someone I had cared for during my two years at the care home. It felt like a sign that I had made the right decision, and that was when I fell in love with the Court of Protection.
Fast forward a fair few years and plenty has changed: hourly rates, new case law and the Bill of Costs format, to name just a few. What has not changed is the respect, admiration and enjoyment I still have for Court of Protection costs. I even was lucky enough to continue working in Court of Protection costs, alongside completing a full time degree in a course focusing on social science, largely to do with women’s health, earn a First Class Honours degree and then still continued my career in costs after, because I genuinely like what I do.
One of the things I enjoy most about this area is that every file is different. Yes, there are rules, procedures, time records and calculations. There is technical work, and there is always plenty to get your teeth into. But underneath all of that, every file is about a person, often a vulnerable person, and every person has a different story.
Another part of the work I love is that you do not simply see a file once and move on. Court of Protection matters often return each year, which means you get to see how someone’s circumstances develop over time.
When a file comes back across my desk the following year, it can feel a little like picking up the next chapter of a book. You remember where the story left off, whether that involved house adaptations, care arrangements, changes in family circumstances, weddings, babies, or something else entirely. You also get to see how the Protected Party has been supported through those changes.
That human side is what makes the work so interesting. Court of Protection costs are not just about checking whether a solicitor’s time is reasonable. You are looking at the work that has been undertaken and justifying whether it was necessary, proportionate and reasonable in the context of that person’s life.
That context matters. A Protected Party may be moving home, receiving new care, dealing with changes in health or circumstances, experiencing changes in family relationships, or facing a significant financial decision. When you read the file with that in mind, the work becomes much more than numbers on a page.
It is a privilege to see that journey, and I think that is my favourite part of the work.
Because the work repeats each year, you sometimes see a person’s journey over a much longer period. You might see a Deputy appointed at the outset and then, years later, see how that Deputy has supported the Protected Party through different stages of life.
The work stays interesting because every matter is different. One file might involve a relatively straightforward set of annual accounts and routine deputyship work. Another might involve complex property issues, care arrangements, litigation, family disagreements or major changes in circumstances. Then there are the files where something completely unexpected happens. You never quite know what the next file will bring.
That is why I enjoy Court of Protection costs so much. It combines the parts of costs work I enjoy, detail, analysis, rules and judgment, with something much more human.
So with that in mind, how do I explain that succinctly when someone asks “what do you do?”
You can contact Georgia Clarke here.
