Day: December 4, 2020

Deputyship Series: What is a deputyship and how do you get appointed as a deputy?

Posted on by Mamta Rajanwal

In previous articles we have looked at putting in place Lasting Power of Attorneys in order to appoint Attorneys that you trust to look after your health & welfare affairs and manage your property & financial affairs, in the event that you lose capacity and are unable to make your own decisions. In order to put in place Lasting Power of Attorneys, you need capacity. So, what happens if you need someone to look after your health, welfare, financial and property affairs, but do not have capacity to appoint someone? Someone could make an application to make decisions on your behalf where you are no longer able to make decisions yourself, and be appointed as a Deputy. That someone is usually a friend or a relative, but can also be a professional. In this article, we look at deputyship and how a Deputy can be appointed.

A person can be appointed as a ‘Deputy’ in order to manage the affairs of a person that is unable to manage their own affairs, this is known as a deputyship. The application is made to the Court of Protection, who will decide whether to appoint the person making the application as a Deputy. If it is decided that they should be appointed a Deputy, the Court will pass an order giving the person authority to act on your behalf where you are unable to manage your own affairs and do not have an LPA in place. 

Types of Deputyship 

There are two types of Deputies that can be appointed:

  1. Property and financial affairs Deputy– who are normally responsible for managing your financial and property affairs, such as paying bills, for example. 
  2. Personal welfare Deputy– who are normally responsible for making decisions about your medical treatment and how you should be looked after, for example. 

Fees for making the Application

Not only are there court fees to pay when making the application, but there are also annual fees that must be paid every year after the Deputy has been appointed. The appointed Deputy will be responsible for these costs. At the current rate, the application fee for making the application is £365.00. On making the application, if the court decides that a hearing is required to decide on whether the deputyship should be granted, then a court fee of £485.00 is currently payable.  

There are also fees to be paid after the Deputy has been appointed, the amount to be paid will depend on the level of supervision that the deputyship requires. The fees are currently £320.00 for general supervisor and £35.00 for minimal supervision, this fee will also apply to some property and affairs deputies who are managing less than £21,000.00.

If the Deputy appointed is acting as a deputy for the first time, then there is also an additional fee of £100.00 that will be payable.

You can get help to make payment of the application and supervision fees, and more information about fees can be found on the government’s website www.gov.uk/become-deputy/fees.  

For more information about appointment of deputyship and how you can be appointed as a Deputy, please contact us on 01753 486 777, for a free initial consultation.

Extension to ACAS Early Conciliation period

Posted on by Ilinca Mardarescu

As of 1st December 2020, the ACAS Early Conciliation period has been extended to last for a set period of six weeks in all cases.

But who is ACAS and what is the Early Conciliation period?

ACAS is an independent public body that receives funding from the government.   It provides free and impartial advice to both employers and employees on issues relating to employment law including best practice, policies and assist with early settlement of claims.

For most claims which are brought in the Employment Tribunal, it is a requirement that the Claimant notify ACAS prior to issuing proceedings, of his/her intention to issue proceedings.  This is easily done by filing in a simple form on the ACAS website.

Once the Claimant has notified ACAS, the matter will be referred to an ACAS conciliator, also known as a conciliation officer.  The conciliation officer will contact the Claimant to explain the early conciliation process. They will check the information given on the form, discuss the matter generally and establish whether the Claimant wants to try to settle the dispute.  If the Claimant is open to negotiation, ACAS will contact the Respondent (the employer) to start the process of trying to reach a settlement.

Neither party are compelled to enter into negotiations and ACAS does not have the power to force participation in settlement discussions.  However, it is often a good idea for the parties to participate in the process seriously before matters proceed to a more formal stage. Once proceedings are issued at the Employment Tribunal, the parties have to adhere to the Orders given by the Tribunal and in the majority of cases legal costs will then start to be incurred. 

ACAS does not provide legal advice and cannot advise either of the participants on what to do or what is reasonable in terms of negotiating a settlement.  For this reason, it is advisable for parties to obtain their own legal advice on the strength of their case during this process.  Knowing the likelihood of success is an important factor when negotiating a settlement.

Once the six week period has passed, ACAS will issue a certificate to the Claimant to confirm they were notified of the claim as requiered.  The certificate has a number on it which needs to be quoted on the Claim Form (ET1) when issuing proceedings at the Employment Tribunal. 

For any assistance with the Early Conciliation process or other employment-related matter, please contact our Head of Employment, Ilinca Mardarescu.