Increase in Court of Protection Fees: Nominal but Important

Following the Government’s Response to the Consultation on ‘Increasing Selected Court Fees and Help with Fees Income Thresholds’ (the Consultation) a Statutory Instrument was laid on 6 September 2021 which put into effect on 30 September 2021 an increase in a number of Court of Protection Court Fees.

Court of Protection Fees

The current fees for the Court of Protection from 30 September 2021, taking into account the increase, are as follows:

• Application Fee £371;
• Appeal Fee £234; and
• Hearing Fee £494.

If you would like to read The Court Fees (Miscellaneous Amendments) Order 2021 please click here, noting Article 4 as the relevant section for the Court of Protection Fees.

The Consultation and Response

The increase in these fees can be seen as nominal with all of the above being increased by less than £10 each and the monthly income threshold for those that seek help with court fees under the Help with Fees Remission Scheme, increasing by £85 for a single person to £1,170 and £100 for a couple to £1,345.

The Government provided sound reasoning for the Court of Protection fee increase; focusing on inflation and the fact that it does not make a profit, by any stretch of the imagination. However any increase must be kept in check, due to the ‘ripple’ effect, that it has the potential to cause in preventing ‘Access to Justice’.

The Consultation itself, although failing to prevent the increase in the Court of Protection Fees, did reduce them somewhat from the original Government proposals; reiterating the importance of speaking up to ensure the Court System remains accessible to all.

Full details of the Consultation and its Response can be found here.

How Can We Help?

If you have any questions regarding the increase in the Court of Protection Fees, are concerned about the same, or would like any advice in relation to the Court of Protection, Deputyship Applications, Lasting Powers of Attorney or Wills Trusts and Probate, please contact Ellis Jones Solicitors LLP and myself or one of the Court of Protection Team will be more than happy to assist you.