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About the Child Brain Injury Legal Group
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LEGAL FACTSHEETS
Court of Protection and Accountant of Court
If the child has assets of their own (e.g. as a result of a compensation claim)
and if it is unlikely that the child is going to be able to manage their own
affairs as an adult then in England the Court of Protection would need to be involved and a Receiver appointed.
In Scotland, the Accountant of Court appoints a Judicial Factor. There are many reasons why it is invariably preferable for a professional Receiver or Judicial Factor (i.e. a Solicitor specialising in this field) to be appointed as opposed to a family member acting. For example, acting as a Receiver or Judicial Factor can be a very onerous additional responsibility for that family member. This is particularly the case where the damages award is substantial. The role of a Receiver or Judicial Factor carries various complex responsibilities and these are best undertaken by someone who is fully conversant with the procedure and with the workings of the Court.
A professional Receiver's or Judicial Factor's costs can be included as part of a compensation claim. Both the Court of Protection and the Accountant of Court are offices of the Supreme Court. Their function is to manage the affairs of people who are incapable of managing their own property and affairs.
The decisions of the Court are administered by the Public Guardianship Office in England and the Office of Public Guardian in Scotland and it is with this office that the Receiver or Judicial Factor has to deal on a regular basis. It may be necessary, for example, to agree a budget for the person's care and maintenance. In England it may be necessary to deal with, in conjunction with the Court's panel stockbrokers, an investment strategy set by the Public Guardianship Office. Such dealings can be, and often are, time consuming, frustrating and stressful.
It is often the case that when the child becomes an adult it will be necessary for an application to be made to the Court of Protection for the execution on that child's behalf of a Statutory Will. This is a task which invariably requires professional assistance. In Scotland, the Judicial Factor devises and implements the investment strategy, which is subject to the approval of the Accountant of Court, but this also invariably requires professional assistance.
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