Accreditation Programme
Now Live!
A multi-tiered programme designed to be used alongside the OPG’s standards, completion of the Accreditation Programme will demonstrate a knowledge and understanding of what it means to be a Deputy or work as part of the team to represent P effectively.
Objective
Designed to complement the Office of the Public Guardian’s standards, the PDF Accreditation Programme provides benchmarks for deputies to strive towards, enhancing their confidence, knowledge base, and career progression.
Eligibility
The PDF’s Accreditation Scheme is open to all PDF Members; Deputy, Senior and Associate Members.
You need to be a PDF Member in order to complete it, but completion of the Accreditation Scheme is not a pre-cursor to joining.
The Foundation Tier is for those currently working at Grades D-C (our Associate Member Tier) or those who need a good basic knowledge of working in the Court of Protection as a Deputy or a member of the team
The Intermediate Tier is aimed at those who have a good working knowledge of Court of Protection work and are probably working at Grade C- B and have are at least 3 years Court of Protection experience (Primarily our Senior Member Tier). Experienced paralegals are also invited to attempt this course if they have successfully completed the Foundation Tier.
The Advanced Tier will be aimed at experienced Grade As who are working as a professional deputy or director of a Trust Corporation. (Deputy Member Tier) This is intended to be a test of knowledge and practice and successful completion will be a demonstration of experience and technical expertise as a professional deputy. Completion of the Intermediate Tier is preferred before attempting the Advanced Tier, however, if you are a Deputy with at least 10 years Court of Protection experience, and you have not completed the Foundation or Intermediate Tiers, please contact us to discuss.
PDF Membership criteria can be found here
Who is the programme for?
The programme is for PDF Members and your level of experience will determine which tier you begin with.
Foundation
Aimed at Grades D – C
Delivered through online learning and assessment
25 modules, each with 30-40 minutes of material (webinars, slides, audio) followed by around 20 questions.
Approximately 25 hours.
£200 + VAT
Intermediate
Aimed at Grades C – B
Delivered through online learning and assessment
22 modules, each with 30-40 minutes of material (webinars, slides, audio) followed by around 20 questions.
Approximately 30 hours.
£300 + VAT
Advanced
Aimed at Grade A, Deputies, or Trust Corporation individuals
Cost TBC
Syllabus
Each tier has been written, produced and is presented by expert practitioners in their field from across the Court of Protection in England and Wales. The module outlines are covered below.
How will this course benefit me?
On successful completion of this programme, you will be:
- Confident that you are fulfilling the standards of an effective deputy or practitioner in the Court of Protection
- Demonstrating a commitment to high standards
How will this benefit my employer?
Completing this course will equip your organisation to:
- Provide an enhanced professional service to clients.
- Ensure Court of Protection service is marketed appropriately.
- Meet best practice in Court of Protection work.
- Raise the level of knowledge and understanding of staff.
- Further safeguard the reputation of your organisation.
Modules
Introduction – Acting as a Solicitor Deputy
- Overview of Deputy authority
- OPG Guidance
- Deputyship Standards
- Conflicts of interest
- Who is acting as a Deputy?
- Client retainers
- SRA requirements
- Accounting and money laundering
- What makes a good Deputy?
Acting as a Solicitor Deputy – Security Levels & Bonds/ Professional Indemnity
- Understand what a Security Bond is and what its purpose is
- Be able to suggest an appropriate level of bond based on a client’s estate
- Understand how to set up a security bond and to change how much it is depending on a client’s assets
- Call in a security bond or avoid a bond being called in
Know your Client – Working for Vulnerable Clients
- Preparing for the first interview
- What to research and look for
- Adapting your style from experience
- Consider what neuropsychological and mental health difficulties look like when you see them
- Consider the impact of such difficulties on your relationship with clients.
- Consider the influence of background personal and family histories and their impact
- Prepare for the first meeting
- Work with & share with teams
- Reflect on progress and adapt
Capacity
- Defining Mental capacity and understand how different elements impact decision making
- Defining an unwise decision and understand its relationship to mental capacity
- Defining the threshold of understanding (ToU)
- Understanding the 2 stage test from an assessment perspective
- Understanding how to apply the ToU to different areas, such as property and financial affairs
- Identifying what assessors should include in a CoP3 form and common mistakes to look for
Capacity – Issues & Tests
- Be clear as to the application of the principles relating to capacity in the Mental Capacity Act 2005
- Be clear as to the meaning of the statutory test for determining capacity in the Mental Capacity Act 2005
- Be aware of the key cases concerning the determination of capacity for purposes of the Mental Capacity Act 2005
- Be alert to the complexities relating to the determination of capacity
CoP Laws
- Court of Protections Jurisdiction
- Court of Protection Procedure Rules and Practice Directions
- Mental Capacity Act 2005
- Mental Capacity Act Code of Practice
- Interaction between the Mental Health Act 1983 and Mental Capacity Act 2005
- Supervision of the OPG
- Annual returns
Applications in the Court of Protection
- Initial application
- Procedure
- One off applications
- Statutory wills – introduction
- Sale and purchase of property
- Security level changes
- Preparing witness statements
- Introduction to gifts
- ACC
- Draft orders
- Costs
Financial Management
- Owning Property or Assets as a Deputy
- Ringfencing
- Income, Receipts, Management – Day to Day Management of Funds
- Income , Receipts, Management – Income Sources & Income Tax
- Banking – Deputy Banking
- Accounts management – Middle-Term Products
- Cash Cards – Helping P Manage Day to Day Spending
- Setting allowances for P
- Credit agencies/restrictions
- Entering contracts – terms and conditions – what to look out for?
- Gifts Authority for Making Gifts
Investment
- Understand the immediate consideration when P receives funds
- Understand why you should consider investing for P
- Explain the risks that should be considered when investing
- Prepare a “good” budget
- Understand how client circumstances affect the appropriateness of investing
- Explain how a client becomes invested
Sharia Investment
- To know the fundamentals of Islam to help understand the basis of Islamic finance
- To have basic knowledge of key Islamic finance principles
- To learn about Sukuks, which is an alternative asset class to a bond
- To learn about Zakat, a charitable obligation applicable on wealth owned by a Muslim
- Key considerations for Deputy when choosing a Financial Adviser and/or Investment Manager of Sharia Compliant Investments.
Managing P’s Property
- Insurance
- Utility management
- Unoccupied property
- Joint ownership – mortgages
- Introduction to property adaptations and property finding
- Tenancy – negotiating terms, up front payments (6 – 12 months), permitted occupiers, adaptations to a rental property, housing benefit claims
Annual Reports
- Understand the necessity and importance of the annual accounts
- Better prepare in advance of your report request (record keeping);
- Understand when you will be asked for your report;
- Confidently prepare the accounts from the deputy account;
- Accurately complete all sections of the report;
- Predict future cost estimate;
- Effectively deal with requisitions from the OPG; and
- What to do once the report has been submitted.
Wills
- Know you client estate devolves on death
- Be able to identify issues that might arise on death
- Understand the capacity issue around making a Will
- Identify whether a Statutory Will is appropriate
Sharia Wills
- Understand what an Islamic will is
- Know what considerations need to be made
Benefits
- Know which department covers which benefits
- Identify different benefits that clients may be eligible for
- Know what income and capital is disregarded
- Understand how the Universal Credit system works
- Know about Managed Migration
- Identify the difference between means-tested and non means-tested benefits
- Know what Council Tax exemptions & discounts a client may be eligible for
- Know how to become an appointee for benefit purposes
Welfare Considerations as a Property & Affairs Deputy
- Understand the legal framework around capacity and best interest-decision making
- Have an awareness of common health and welfare issues that arise and what steps a property and affairs deputy should take to resolve matters
- Understand the basics around Deprivation of Liberty
- Understand the extent of a property and affairs deputy’s authority to incur costs in relation to P’s welfare
- Understand how to respond to welfare issues that are arising
Relationship Issues – Family Dynamics
- Family Dynamics and Best interests
Management of Care
- Detail the types of providers that could be considered for delivering a care package and state pros and cons of each.
- Describe the role of the CQC in monitoring care providers and who should be registered.
Holidays for P
- Understand and explain the benefits of a holiday for P and his family.
- Detail how far in advance of the potential holiday planning should commence.
- Describe some of the considerations that must be planned/established before booking a holiday abroad.
- Understand the pre-holiday logistics and arrangements that will be required in advance, and provide an indication of usual costs and examples of other costs that may be incurred dependant on P’s needs.
Management of Care – Employment
- Starting the employment relationships including pre-employment checks, policies and terms
- Managing complaints, grievances, misconduct and performance issues
- Understanding holiday and pay entitlements as well as flexible working arrangements
- Ending the employment relationship including notice provisions and post employment disputes
Costs
- Authority for assessment
- PD19B – fixed costs
- Process of assessment
- Basic principles – proportionality, overheads, inter-fee earner time, evidence
- Hourly rates
Personal Injury & Litigation
- Working with a litigator
- Maximising recoverability and minimising losses
- Cash flow management
- Expenditure evidence
Ending a Deputyship – When P Dies or Regains Capacity
- What steps should be taken where P dies
- What steps should be taken where P regains capacity
Powers of Attorney
- What are Enduring Powers of Attorney and are they still valid?
- Understand what Lasting Power of Attorney are
- Different Types of Lasting Power of Attorney
Advanced Decisions & Statements
- What is an Advanced Decision
- What is and Advanced Statement
- What are Do Not Resuscitate instructions
Acting as a Solicitor Deputy
- Understand how trauma presents
- Identify what our clients and their families need
- Determine factors that make it hard to give them what they need
- Permission for self-care
Know your Client – Working for a Vulnerable Client
- Remind yourself how neuropsychological and mental health conditions impact relationships with professionals
- Remind yourself about strategies to help engage with clients and their families
- Consider how to maximise decision making and capacity potential, including taking instructions & Gillick Competence
- Consider how family dynamics and cultural contexts impact on engagement
- Consider how to manage difficult situations e.g. declining access to funds
- Consider how you might deal with families where your client is a minor
Capacity
- Identifying different vulnerabilites and their relationship with mental capacity
- Different types of professionals you can instruct and how to decide which one to use
- Understanding the concept of fluctuating capacity and how to manage this
- Understanding the concept of borderline capacity and how to manage this
Statutory Wills & Litigation on Behalf of P
- Identifying when a statutory will might be appropriate
- Understanding the principles applicable
- Understanding the procedure in making an application
- Identifying when intervention might be appropriate to defend P’s rights and entitlements
- Understanding the principles around representing P
Financial Management
- Understand your responsibility in term’s of P’s tax position
- How to approach locating P’s assets that are held abroad
- Student Finance Loans
- Gifting and your role
- You role in relation to valuing assets you hold on behalf of P
Investment
- Understand the history of appointing an investment management under the Court of Protection
- Preparing a request for tender
- Explaining the interaction between a good budget and the longevity of P’s funds
- Distinguishing between investment managers (IMs) and Independent Financial Advisors (IFAs)
- Understanding the considerations when making an appointment for P
- Explaining what to look for when choosing an investment professional
- Considerations when selecting an investment strategy
- Understanding the importance of an annual review of investments
- Having an awareness of tax implications and tax wrappers
- Understanding how benchmarking is used to help measure performance
Managing P’s Property
- What your duties are when acting as a landlord on behalf of P as their Deputy
- The steps we need to follow when purchasing a property for P
- The steps we need to follow when selling a property for P
- Adaptations and building projects
- Disabled Facility Grants
- Carer’s annexes and associated responsibilities
- What considerations need to be made regarding IHT
Wills – Statutory & Contentious
- Identify when a statutory will might be appropriate
- Understand the principles applicable
- Understand the procedure in making an application
- Identify when intervention might be appropriate to defend a Protected Parties Rights and Entitlements.
- Understand the principles around representing a Protected Party
Care Funding
- Understanding the duties of local authorities and the NHS to provide statutory support to meet social care needs/ healthcare needs in the community
- Understanding the eligibility criteria for statutory support from a local authority, including financial eligibility
- Understanding the interaction between statutory support and personal injury claims
Education
- Understand the scope of a Property & Affairs Deputy’s (Deputy) authority in respect of special educational needs provision and statutory Education, Health and Care Plans (EHCPs) with reference to Re ACC.
- Other, possible restrictions, the Deputy may need to consider.
- SEN ‘pinch points’.
- Statutory duties owed to children and young persons in respect of SEN provision, alongside children’s health and social care provision.
- Interaction between EHCPs, health and social care provision along with why a good EHCP matters.
- Understand the process for challenging EHCP decisions.
- The process for challenging delivery of provision failures.
- School/college transport.
- Transition to adult services
Welfare Considerations
- Understanding in more depth the legal framework around capacity and best interest decision-making, including how it relates to 16 and 17 year olds
- Understanding the extent of a property and affairs deputy’s authority to incur costs in relation to P’s welfare
- Having an awareness of a property and affairs deputy’s authority to incur costs in relation to P’s welfare
- Having an awareness of two specific welfare issues which may arise on your cases and the steps you may need to take to resolve them; including capacity to consent to sexual relations and deprivation of liberty
- Having an awareness of the Inherent Jurisdiction of the High Court and when it is likely to be relevant to your client
- How to respond to welfare issues – key points for property and affairs deputies
Capacity and Criminal Activity
- Identify and challenge myths relating to mental capacity and criminality;
- Address practical issues around ABE interviews and forensic medical examination if P is a victim of crime;
- Understand the basics if P is accused of an offence;
- Learn to what extent a care package may be implemented to avoid P committing an offence.
Relationship Matters – Family Law
- Understanding core concepts within family law; marriage, divorce and dissolution, cohabitation, pre and post nuptial agreements, financial remedies and child arrangements
- Identifying specific issues concerning mental capacity, arising in respect of relationships and relationship breakdown
- Understanding how capacity issues are addressed within the Family Court
Relationship Matters – Predatory Marriage
- Understanding the importance of safeguarding the vulnerable
- Identifying red flags or warning signs surrounding financial abuse and coercion
- Understanding the impact of demetia and how signs can be missed
- Understanding the legal framework and link between marriage law, will, probate and power of attorney
- Understanding the types of legal reform available
Management of Care
- Understanding the types of providers that could be considered for delivering a care package and stating the pros and cons of each.
- Describing the role of the CQC in monitoring care providers and who should be registered
- Describing what you would expect from a case manager when they are setting up and managing a package of care.
- Detailing potential benefits of having a team leader in place.
- Describing the issues that are currently being faced regarding recruiting and retaining care staff and why it is important to retain care staff in post.
- Describing some types of conflict or common issues that arise and the case manager and Deputy role in resolving these.
Management of Employment
- Agency workers and the contractual relationship
- Employment terms in an employment contract
- Notice of provisions for termination of employment
- Policies and insurance requirements
- Post employment disputes and possible resolution methods
International Law and Capacity
- Understand the principles that apply to cross border capacity issues
- Identify issues that might arise where ‘P’ is resident overseas or has assets overseas
- Understand how a statutory will made here will apply to foreign assets
- Identify the practical issues that arise in managing cross border estates
Personal Injury & Litigation
- Re ACC – deputy acting as litigation friend
- Acting as an Expert
- Civil Procedure Rules
- Costs for working with litigation team
- Understanding Strategy
- PPO vs lump sum
- Best interests and recoverability
Transfer and Ending a Deputyship
- Best practice to follow when a change of deputy is required
- Alternatives to deputyship
Trustee Management
- Understanding what Personal Injury Trusts are.
- Understanding why a client should consider a Personal Injury Trust.
- Understanding the types of Trust and which to choose.
- Personal Injury Trusts and means testing.
- Understanding Care at home.
- Understanding Disabled Trusts and why they matter.
Power of Attorney
- Understanding the scope of an Attorney’s Authority.
- Understanding how to set up a Power of Attorney.
- How to remove an Attorney.
Attorney Disputes
- Understand the authority an Attorney has in relation to making gifts both to themselves and others, maintenance payments and family care payments.
- Understand the options available to you, should the attorney overstep their authority.
GDPR – Employment & the Deputy
- Understand the key principles and framework of the UK GDPR as they apply to your role as a Solicitor Deputy
Minor Trusts
To follow
Further Information
- Upon successful completion of each tier, your name will be added to the Accreditation Directory on the PDF website showing your level of achievement.
- A certificate will be provided when each tier is successfully completed.
- A digital badge will be available for use in signature blocks for example upon successful completion of each tier.
- If there is a significant change in law, it may require an ad-hoc syllabus update and online assessment.
Partners
Many thanks to the following for their contributions and support:
Sign up for PDF Membership now
Not a member yet? Apply for membership now to start your journey towards becoming a PDF Accredited member.