Court of Protection Costs: Overseas Travel Costs

This article will be of interest to professional deputies and/or those assisting a professional deputy and those who work in the Court of Protection areas of law.

As ever, we remain busy at A & M Bacon in ensuring we maximise deputies’ costs recoveries. Should you have any queries following this article, please do not hesitate to get in touch with us. Our friendly, yet professional team is always happy to assist.

We have spent some time looking at a deputy travelling abroad to visit a protected party and have shared some tips on what the deputy may consider doing before embarking on such a trip, which will invariably incur significant time and cost to the protected party.

The starting point, as ever is to consider the relevant rules and practice directions. As per paragraph 6 of Cost Practice Direction 19B, a professional deputy is entitled to general management costs which are reasonable and proportionate to the total value of the client’s estate, the amount of work done and that any work done should be done so by an appropriate fee earner. It is always important for a professional deputy to demonstrate they are acting accordingly and always considering the client’s best interests.

The Office of the Public Guardian (OPG) expects a professional deputy to take a balanced approach when dealing with the client’s affairs and exercise professional judgment in all aspects of their role, and in particular where the client’s funds are concerned.

The OPG expects deputies to make reasoned decisions about claiming costs, balancing what travel is necessary and in the interest of the protected party, with the need to keep costs and charges to a minimum. Deputies can only claim for costs for travel they undertake to carry out their duties.

Of course, each matter will be considered on its own particular facts, such as whether the protected party is a minor, whether the protected party resides in their own property and whether there are factors which necessitate an in-person attendance overseas. For example, if the protected party requires some work on their property, it may be necessary for the deputy to see and understand the extent of the work required, to ensure that the costs of the work are reasonable and justifiable.

Any visitation overseas should be fully utilised to fulfil the deputy standards of visiting the protected party. The visitation should be prepared for carefully in advance to ensure the effective management of the protected party’s financial affairs.

The location of the property where the protected party resides should be looked at. Consideration can then be made to travel time and costs and the appropriate and cheapest method of transport. Dependent upon the method of transport and bearing in mind General Data Protection Regulations (GDPR), time spent travelling could allow the deputy to undertake preparatory work or allow the deputy time to work on other matters. Privacy screens are a cheap way to ensure that data on laptops, mobiles etc is not visible to other passengers.

Airline tickets can be expensive, however, if there is flexibility on the airline used, flexibility on travel dates, booking well in advance and only booking economy flights, then there are savings to be made. Different websites should be used to compare air fares, ferry prices, trains (as applicable) this should include the airline / ferry company / train company’s own websites, which can sometimes be overlooked.  It can sometime be a good idea to document any savings made, to demonstrate to the costs officer the costs that have been mitigated.

Consideration to luggage is also another factor to consider. It is important to travel as light as possible, especially when travelling by air.

Travelling in school holidays, or when there may be large international / national events (e.g. football matches, Olympics etc) should also be avoided, where possible, as travel prices are usually found to be inflated at these times.

The deputy will also need to consider the cost of getting to the airport / ferry terminal etc and the parking fees that will be incurred. Again, research on a number of websites should be undertaken to compare prices. This should also be booked well in advance, where possible.

Should it be necessary for the deputy to have an overnight stay, again proper research should be undertaken to ensure that expenses are as low as possible. Airbnbs are becoming more popular and are one alternative option to consider other than hotels. Room rates for hotels can vary, even within the same hotel, so spending time on the numerous booking websites now available, could provide large savings. Only the size of room necessary should be booked, as well as keeping this to a standard room.

The court will undoubtedly limit the cost of attending the protected party to just one fee earner, as per the decision in R v Legal Aid Board Ex Parte Bruce [1991], continued by the case of Garylee Grimsley [1998], the latter of which was a decision where two fee earners at one attendance was reduced on the grounds of duplication. Two fee earners should only ever be claimed where there are exceptional circumstances, such as safe-guarding risks.  It is usually necessary for two attendance notes (one from each fee earner) to be provided, which helps the costs officer to understand that any duplication has been mitigated (or even avoided altogether).

We have also seen, on a number of cases, where significant costs are likely to be incurred, the OPG are consulted and advised of the need for the visit to be undertaken.  Details of the expenses and anticipated costs of the visit should be provided, along with the justification for the visit.  If you have the “blessing” of the OPG, prior to making your visit, this can assist greatly in ensuring your costs of the visit can be recovered.

I do hope the information provided here will be of assistance to practitioners. As with many costs’ aspects, these issues are not always clear cut. We are always happy to discuss queries that arise from practitioners during the course of your day-to-day work.

Kellie Barnes, Costs Lawyer 

30.04.2025