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Direct Payment Orders: Guidance for Costs Practitioners
The Senior Courts Costs Office (SCCO) has provided guidance on the documents practitioners should submit when dealing with Direct Payment Orders, including existing cases, new bills and reassessment requests.
Following the judgment in Re Direct Payments [2026] EWCOP 42 (T2), Deputies must obtain retrospective authority where they have claimed costs associated with managing Direct Payments incurred on or after 11 October 2024.
Where a Final Costs Certificate (FCC) has already been issued, practitioners should refer to Question 20 of Re Direct Payments [2026] EWCOP 42 for further guidance.
Existing Cases awaiting Provisional Assessment
Does the billing period fall entirely before 11 October 2024? If so, the bill will be assessed in the usual way.
Does the bill include costs relating to Direct Payments incurred on or after 11 October 2024? If so the Deputy should email SCCO@justice.gov.uk to explain that the bill of costs includes costs relating to the Direct Payments and explain that an Application had been made to the Court of Protection for the necessary authority, along with the following information:
- The SCCO reference number
- The name of the Protected Party
- The relevant general management period(s)
- The date the bill(s) were filed
Upon notification, the assessment will be placed on hold pending the Court of Protection’s determination of the application.
Once the order granting authority has been received, the assessment will resume, with the bill retaining its original position in the assessment queue.
What happens when a Direct Payment Order has been received?
Once the order has been received, it should be e-filed on the existing case through the CE File under the filing type: Filing – Letter from Legal Representative/Deputy
If the order has been granted you should provide:
- A covering letter
- The order granting authority
- A copy of the application
If the order has not been granted you should provide:
- A copy of the court order
- A replacement bill which excludes the Direct Payment costs
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New Bills
If you are filing a new bill, it is advised that you should outline the types of Direct Payment funding received and the details of any order granting authority in respect of the Direct payments in the narrative section.
It will also be necessary to file copies of the Deputyship Order, the authority granting authority in respect of the Direct Payments and any other relevant orders. The supporting documents including the Deputyship application and any other subsequent application relating to Direct Payment authority should also be filed.
Reassessment Requests
Any requests for reassessment will be considered on a case-by-case basis. However, where a dispute arises that concerns Direct Payment costs incurred from 11 October 2024 onwards, it is unlikely to be resolved until an order granting the appropriate authority has been provided.
Summary
Practitioners should ensure that the appropriate authority orders and supporting applications are filed alongside the relevant bills to help avoid delays in the assessment or reassessment of Direct Payment costs.
If further guidance is required, practitioners can contact the SCCO at SCCO@justice.gov.uk.
You can contact the author, Casey Mcgregor here.
