The Ministry of Justice has launched its long awaited refund scheme for a range of civil, magistrate, insolvency and Court of Protection fees. The implementation of the scheme follows a 2018 review where the Ministry "discovered fees in certain proceedings had been unintentionally set above cost". There are also somer fees that should not have been charged at all.  

Anyone who believes they paid too much for some court services between 22 April 2014 and 31 March 2018 can now apply for a refund via the MoJ website.

The Court of Protection fees falling within the scheme are set out below (taken from the MoJ guidance)

The Government has issued amendment regulations concerning and the impact that leaving the EU will have on the Court of Protection Rules.

The amendments will, in the MoJ's words

"remove provision in the FPR and COPR which relates to powers, processes and orders under EU instruments or international agreements which will no longer be applicable or available when those instruments or agreements are revoked by the Withdrawal Act or the statutory instruments made under it, or in some cases amend such provision where such instruments are retained in an amended form."

The accompanying Explanatory Memorandum provides a useful review of the interconnection between UK rules and EU instruments, though clearly it is still a developing picture.

UPDATE: 11 March 2019
These regulations passed the sift requirements on 5th March. Read the SI as load before Parliament on legislation.gov.uk.

The Legal Services Board has published research & guidance on the experiences that vulnerable consumers have when getting legal help.

The qualitative research involved interviews with 60 people drawn from samples including individuals suffering from either mental health problems or dementia and their carers. 

The researchers key findings are set out below:

Mental health problems

• Free initial services from third sector and regulated providers are valued. Reasons include affordability, getting initial advice on options and poor past experience of legal advice.
• Customer support needs depend on the severity of problems, but include extra time for individuals to express themselves, extra communication and increased reassurance.
• It is important to this group to feel listened to and understood, have services adapted to support them, have continuity of personnel and costs transparency.

Dementia

• There is a clear cluster of legal needs: wills, power of attorney and property issues.
• Those with early stage symptoms (e.g. less successful dealing with information) may not flag their needs in advance. Carers for those with later stage symptoms (e.g. confusion, memory loss and discomfort in unfamiliar surroundings) are more likely to.
• This group welcomes initial phone contact to discuss service adaptations; clear information before meeting on the legal issue, options and costs; home visits; ‘dementia friendly’ services (e.g. plain English, patience and respect); and a clear meeting record. 

The LSB has also created some tip sheets and presentations that can help client, carers and professionals understand the best approach. 

​All these resources are available from the LSB website here.

The Law Society has announced that it has created a mental capacity accreditation scheme for solicitors serving the Court of Protection.

The news has been announced on the Gazette website but there is little detail other than that 

• the scheme has been developed in association with City Law School
• it has been approved by the President
• and it is open to solicitors, barristers and fellows of the Chartered Institute of Legal Executives, who offer advice on health and welfare matters under the Mental Capacity Act 2005

You can read the full story on the Law Society Gazette.