Overview

You

and

your

partner

may

be

able

to

take

time

off

work

if

your

child

dies

before

they

turn

or

if

you

have

a

stillbirth

after

weeks

of

pregnancy

The

death

or

stillbirth

must

have

happened

on

or

after

April

This

guide

is

also

available

in

Welsh

Cymraeg

You

might

be

able

to

get

leave

pay

or

both

You

may

be

eligible

for

Parental

Bereavement

Leave

Statutory

Parental

Bereavement

Pay

There

’s

rules

about

when

you

can

take

your

leave

and

pay

and

how

to

claim

You

can

only

claim

Statutory

Parental

Bereavement

Pay

and

Leave

if

you

’re

employed

in

England

Scotland

or

Wales

Employment

rights

when

on

leave

Your

employment

rights

are

protected

while

on

Parental

Bereavement

Leave

This

includes

your

right

to

pay

rises

build

up

accrue

holiday

return

to

work

What

you

can

get

You

may

be

able

to

get

either

or

both

Parental

Bereavement

Leave

and

Statutory

Parental

Bereavement

Pay

Parental

Bereavement

Leave

You

can

take

weeks

leave

from

the

first

day

of

your

employment

for

each

child

who

has

died

or

was

stillborn

if

you

’re

eligible

You

can

take

weeks

together

separate

weeks

of

leave

only

one

week

of

leave

A

week

is

the

same

number

of

days

that

you

normally

work

in

a

week

The

leave

can

start

on

or

after

the

date

of

the

death

or

stillbirth

must

finish

within

weeks

of

the

date

of

the

death

or

stillbirth

Taking

leave

with

other

types

of

statutory

leave

If

you

’re

taking

another

type

of

statutory

leave

for

example

maternity

leave

or

paternity

leave

when

the

child

dies

or

stillbirth

happens

your

Parental

Bereavement

Leave

must

start

after

the

other

leave

has

ended

but

does

not

have

to

be

taken

immediately

after

This

includes

if

the

statutory

leave

is

for

another

child

If

your

Parental

Bereavement

Leave

is

interrupted

by

the

start

of

another

type

of

statutory

leave

you

can

take

your

remaining

entitlement

to

Parental

Bereavement

Leave

after

that

other

leave

has

ended

Your

remaining

Parental

Bereavement

Leave

must

still

be

taken

within

weeks

of

the

date

of

death

or

stillbirth

You

can

take

Parental

Bereavement

Leave

between

blocks

of

shared

parental

leave

that

you

booked

before

the

child

died

This

includes

if

the

shared

parental

leave

is

for

another

child

Statutory

Parental

Bereavement

Pay

You

’ll

be

able

to

get

either

a

week

or

of

your

average

weekly

earnings

whichever

is

lower

if

you

’re

eligible

Any

money

you

get

is

paid

the

same

way

as

your

wages

for

example

weekly

or

monthly

along

with

deductions

for

tax

and

National

Insurance

Check

if

you

're

eligible

To

qualify

for

Parental

Bereavement

Leave

and

Statutory

Parental

Bereavement

Pay

you

must

meet

the

criteria

both

as

a

parent

including

if

you

had

day

to

day

responsibility

and

an

employee

You

might

not

be

eligible

for

both

depending

on

your

circumstances

If

you

were

the

child

’s

parent

or

a

parent

’s

partner

You

may

be

eligible

if

at

the

time

of

the

child

’s

death

or

stillbirth

you

were

the

child

or

baby

’s

parent

either

biological

adoptive

or

parent

of

a

child

born

to

a

surrogate

the

partner

of

the

child

or

baby

’s

parent

Biological

parents

of

the

child

or

baby

will

not

be

eligible

for

Parental

Bereavement

Leave

and

Statutory

Parental

Bereavement

Pay

after

an

adoption

or

parental

order

was

made

unless

there

was

a

contact

order

in

place

If

you

or

your

partner

had

day

to

day

responsibility

for

the

child

You

may

be

eligible

if

both

of

the

following

apply

the

child

or

baby

was

living

with

you

at

your

home

for

continuous

weeks

ending

with

the

date

of

death

you

or

your

partner

had

day

to

day

responsibility

for

the

child

or

baby

’s

care

during

that

time

If

you

or

your

partner

were

being

paid

to

look

after

the

child

or

baby

you

do

not

qualify

for

leave

or

pay

unless

you

were

a

foster

parent

being

paid

a

fee

or

allowance

by

a

local

authority

reimbursed

for

expenses

related

to

caring

for

the

child

or

baby

getting

payments

under

the

terms

of

a

will

or

trust

for

the

child

or

baby

’s

care

You

are

not

eligible

if

one

of

the

child

or

baby

’s

parents

or

someone

who

had

parental

responsibility

parental

responsibilities

in

Scotland

for

the

child

was

also

living

in

the

household

If

you

or

your

partner

were

an

adoptive

parent

You

are

eligible

for

pay

or

leave

after

the

adoption

order

was

granted

before

the

adoption

order

was

made

if

the

child

was

placed

with

you

and

the

placement

was

not

disrupted

for

example

being

temporarily

placed

elsewhere

or

stopped

If

you

or

your

partner

were

an

adoptive

parent

of

a

child

from

outside

the

United

Kingdom

If

you

or

your

partner

were

adopting

a

child

from

outside

the

United

Kingdom

and

the

adoption

order

had

not

yet

been

made

you

may

still

be

eligible

Both

of

the

following

must

apply

the

child

was

living

with

you

after

entering

Great

Britain

you

have

the

official

notification

confirming

you

were

allowed

to

adopt

If

you

or

your

partner

had

a

baby

with

the

help

of

a

surrogate

parent

You

are

eligible

for

pay

or

leave

after

a

parental

order

was

made

before

a

parental

order

was

made

if

you

had

applied

or

intended

to

apply

for

a

parental

order

within

months

of

the

child

’s

birth

and

expected

it

to

be

granted

Parental

Bereavement

Leave

To

get

Parental

Bereavement

Leave

you

must

also

be

classed

as

an

employee

it

does

not

matter

how

long

you

’ve

worked

for

your

employer

give

your

employer

notice

for

Parental

Bereavement

Leave

Statutory

Parental

Bereavement

Pay

To

get

Statutory

Parental

Bereavement

Pay

you

must

have

been

continuously

employed

by

your

employer

for

at

least

weeks

up

to

the

end

of

the

relevant

week

The

relevant

week

is

the

week

ending

with

a

Saturday

immediately

before

the

week

of

the

death

or

stillbirth

You

must

also

continue

to

be

employed

up

to

the

day

the

child

dies

or

is

stillborn

earn

on

average

a

week

before

tax

gross

over

an

week

period

give

your

employer

the

correct

notice

and

information

for

Statutory

Parental

Bereavement

Pay

If

you

usually

earn

an

average

of

or

more

a

week

and

you

only

earned

less

in

some

weeks

because

you

were

paid

but

not

working

on

furlough

under

the

Coronavirus

Job

Retention

Scheme

you

may

still

be

eligible

How

to

claim

You

have

weeks

to

take

Parental

Bereavement

Leave

or

claim

Statutory

Parental

Bereavement

Pay

through

your

employer

This

starts

from

the

date

of

the

child

’s

death

Parental

Bereavement

Leave

You

can

take

weeks

leave

in

one

block

or

as

separate

blocks

of

one

week

The

weeks

are

split

into

periods

from

the

date

of

the

child

’s

death

or

stillbirth

to

weeks

after

to

weeks

after

the

date

of

the

child

’s

death

or

stillbirth

You

must

give

your

employer

notice

before

you

take

Parental

Bereavement

Leave

How

much

notice

depends

on

when

you

’re

taking

the

leave

to

weeks

after

the

child

’s

death

or

stillbirth

You

must

give

your

employer

notice

before

you

would

normally

start

work

on

the

first

day

of

the

week

or

weeks

you

want

to

take

off

work

to

weeks

after

the

child

’s

death

or

stillbirth

You

must

give

your

employer

at

least

one

week

’s

notice

before

the

start

of

the

week

or

weeks

you

want

to

take

off

work

Giving

your

employer

notice

You

must

tell

your

employer

the

date

of

the

child

’s

death

or

stillbirth

when

you

want

your

parental

bereavement

leave

to

begin

how

much

leave

you

are

taking

either

or

weeks

You

can

speak

to

your

employer

by

phone

leave

a

voicemail

send

a

text

message

or

an

email

You

do

not

need

to

give

them

notice

in

writing

for

example

through

a

form

or

letter

You

do

not

need

to

give

proof

of

death

or

stillbirth

Statutory

Parental

Bereavement

Pay

You

must

ask

for

Statutory

Parental

Bereavement

Pay

within

days

starting

from

the

first

day

of

the

week

you

’re

claiming

the

payment

for

Each

time

you

claim

you

must

give

your

employer

the

following

information

in

writing

for

example

a

letter

email

or

form

your

name

the

dates

of

the

period

you

want

to

claim

Statutory

Parental

Bereavement

Pay

the

date

of

the

child

’s

death

or

stillbirth

You

’ll

also

need

to

give

a

declaration

to

your

employer

to

confirm

you

’re

eligible

because

of

your

relationship

to

the

child

or

baby

You

only

need

to

complete

this

once

when

you

first

ask

for

pay

Completing

the

declaration

You

can

complete

the

declaration

form

online

this

takes

minutes

declare

in

writing

you

’re

eligible

because

of

your

relationship

to

the

child

or

baby

use

your

employers

own

form

if

they

have

one

Once

you

’ve

completed

your

declaration

you

’ll

need

to

send

it

to

your

employer

They

’ll

check

your

information

and

your

eligibility

Cancelling

your

leave

or

pay

You

can

change

your

mind

and

cancel

your

Parental

Bereavement

Leave

or

Statutory

Parental

Bereavement

Pay

if

you

have

given

your

employer

more

than

the

required

notice

for

either

taking

leave

or

claiming

pay

To

cancel

your

Parental

Bereavement

Leave

or

Statutory

Parental

Bereavement

Pay

you

’ll

need

to

tell

your

employer

When

you

need

to

tell

them

depends

on

when

your

leave

or

pay

is

due

to

start

Parental

Bereavement

Leave

If

your

leave

is

due

to

start

within

weeks

of

the

death

or

stillbirth

you

must

let

your

employer

know

about

the

cancellation

no

later

than

the

time

you

would

normally

start

work

on

the

first

day

of

planned

leave

If

your

leave

is

due

to

start

weeks

or

later

after

the

death

or

stillbirth

you

must

let

your

employer

know

no

later

than

one

week

before

the

start

of

the

planned

leave

If

you

cancel

your

leave

you

can

rebook

it

if

you

give

your

employer

the

correct

notice

Statutory

Parental

Bereavement

Pay

If

your

pay

was

due

to

start

within

weeks

of

the

child

’s

death

or

stillbirth

you

must

give

your

employer

notice

on

the

first

day

of

the

week

you

want

to

cancel

If

your

pay

was

due

to

start

weeks

or

later

after

the

child

’s

death

or

stillbirth

you

must

tell

your

employer

you

want

to

cancel

one

week

before

your

pay

was

due

to

start


Accessing

your

birth

records

You

can

access

your

birth

records

if

you

do

n’t

have

them

because

you

were

adopted

You

need

to

be

or

over

to

do

this

Everyone

adopted

before

November

will

need

to

attend

a

counselling

session

with

an

approved

adoption

advisor

first

You

know

your

birth

details

You

can

order

a

copy

of

your

original

birth

certificate

from

the

General

Register

Office

For

adoptions

outside

England

or

Wales

you

need

to

contact

the

General

Register

Office

where

you

were

adopted

You

do

n’t

know

your

birth

details

You

need

to

fill

in

an

application

for

Birth

certificate

Information

Before

Adoption

BIBA

service

if

you

do

n’t

know

your

birth

details

Which

application

form

you

fill

in

depends

on

if

you

live

in

the

UK

outside

the

UK

Post

or

email

the

form

to

The

Adoption

Contact

Register

You

can

add

yourself

to

the

Adoption

Contact

Register

at

the

General

Register

Office

to

find

a

birth

relative

or

an

adopted

person

say

you

do

n’t

want

to

be

contacted

This

is

not

a

tracing

service

for

a

connection

to

be

made

between

people

you

must

both

be

on

the

Adoption

Contact

Register

Find

birth

relatives

if

you

were

adopted

You

can

add

yourself

to

the

Adoption

Contact

Register

if

you

’re

or

over

and

your

birth

or

adoption

was

registered

with

the

General

Register

Office

You

need

to

fill

in

form

CR

part

to

add

yourself

to

the

register

Read

guidance

notes

on

how

to

complete

the

form

You

need

your

original

birth

name

your

date

of

birth

the

full

name(s

of

your

birth

mother

and

birth

father

if

known

The

fee

is

instructions

on

how

to

pay

are

on

form

CR

part

Find

someone

who

was

adopted

if

you

’re

a

birth

relative

You

can

add

yourself

to

the

register

to

try

to

find

an

adopted

person

by

filling

in

form

CR

part

Read

guidance

notes

on

how

to

complete

the

form

You

’ll

only

be

able

to

find

people

who

have

also

added

themselves

to

it

You

need

to

be

or

over

The

fee

is

instructions

on

how

to

pay

are

on

form

CR

part

You

can

also

use

this

form

if

you

are

an

adopted

person

looking

for

other

adopted

siblings

You

can

also

apply

to

make

contact

with

an

adopted

person

through

an

approved

intermediary

agency

More

information

Contact

the

Adoptions

Section

of

the

HM

Passport

Office

Intermediary

agencies

You

can

use

an

intermediary

agency

to

help

you

trace

a

birth

relative

if

you

were

adopted

or

you

’re

related

to

someone

who

has

been

adopted

The

fee

for

the

service

depends

on

the

agency

You

can

use

an

intermediary

agency

if

you

were

adopted

before

December

a

relative

of

yours

including

a

relative

by

adoption

was

adopted

before

December

When

an

intermediary

agency

finds

a

person

you

can

only

contact

them

if

they

agree

to

it

If

they

do

n’t

agree

the

agency

wo

n’t

tell

you

their

name

or

whereabouts

but

might

be

able

to

share

some

information

like

their

domestic

or

family

circumstances

their

general

health

and

well

being

If

you

do

n’t

want

to

be

contacted

Adopted

people

and

birth

relatives

can

use

the

Adoption

Contact

Register

to

say

that

they

do

n’t

want

to

be

contacted

Tell

your

agency

and

register

a

veto

if

you

do

n’t

want

to

be

approached

by

an

intermediary

agency

There

are

types

of

veto

called

an

absolute

veto

and

a

qualified

veto

An

absolute

veto

This

means

an

intermediary

agency

ca

n’t

approach

you

under

any

circumstances

your

adoption

agency

can

still

pass

on

information

to

you

for

example

about

a

hereditary

medical

condition

or

details

of

an

inheritance

A

qualified

veto

This

means

you

can

say

when

you

would

be

prepared

to

be

contacted

for

example

you

could

say

that

an

approach

on

behalf

of

your

birth

parent

would

n’t

be

acceptable

but

an

approach

by

a

sibling

would

More

help

and

information

For

further

information

on

intermediary

services

you

can

contact

General

Register

Office

the

adoption

team

at

your

local

council

a

voluntary

adoption

agency

an

adoption

support

agency


What

corrections

can

be

made

You

can

not

change

a

death

certificate

once

it

’s

been

issued

but

you

can

apply

to

get

a

note

added

to

the

original

entry

in

the

death

register

You

can

then

get

an

updated

certificate

issued

that

shows

this

note

Corrections

to

a

death

registration

can

only

be

made

when

the

information

is

wrong

for

example

a

mistake

in

spelling

a

person

’s

name

What

the

correction

looks

like

The

original

information

will

always

be

shown

in

the

death

register

After

the

correction

has

been

authorised

a

note

will

be

added

to

the

margin

of

the

register

This

will

explain

what

the

correct

information

is

and

when

the

correction

was

made

If

you

apply

for

a

new

death

certificate

the

note

containing

the

correct

information

will

be

in

the

margin

Who

can

apply

Anyone

can

apply

to

correct

a

death

entry

However

the

General

Register

Office

GRO

will

usually

need

a

letter

from

the

person

who

gave

information

for

the

death

to

be

registered

before

considering

a

correction

How

to

apply

It

costs

or

to

apply

to

correct

a

mistake

in

a

death

registration

Contact

the

register

office

where

the

death

was

registered

to

find

out

how

to

send

your

application

the

cost

and

how

to

pay

Fill

in

the

application

form

to

correct

details

on

a

death

registration

and

send

it

to

the

register

office

Proving

the

registration

is

wrong

You

’ll

need

to

show

that

the

information

given

at

the

time

of

the

registration

was

wrong

You

must

send

in

documents

with

your

application

that

show

what

the

correct

information

should

have

been

These

documents

should

be

valid

or

dated

around

the

time

of

the

death

Documents

you

can

send

in

include

a

passport

photocard

driving

licence

bank

building

society

or

credit

card

statement

letter

from

a

hospital

or

doctor

letter

from

a

government

department

utility

bill

If

you

can

not

send

in

proof

corrections

can

not

usually

be

made

All

certified

copies

sent

with

the

application

will

be

destroyed

if

you

do

not

ask

for

them

to

be

returned

Sending

in

certified

documents

You

should

only

send

in

documents

that

have

been

certified

as

true

copies

of

the

original

Witnessing

the

correction

If

the

correction

is

being

made

at

your

register

office

you

need

to

arrange

an

appointment

with

them

When

you

go

in

you

’ll

witness

the

correction

and

sign

the

note

made

in

the

death

register

If

you

’re

applying

to

the

GRO

to

make

the

correction

you

can

say

on

the

application

form

if

you

want

to

witness

the

correction

Statutory

declaration

If

you

’re

applying

to

correct

a

serious

mistake

for

example

in

the

name

of

a

person

the

GRO

may

ask

you

to

make

a

statutory

declaration

GRO

will

give

you

more

advice

about

this

if

it

is

necessary

You

may

have

to

pay

a

fee

for

a

statutory

declaration

How

long

applications

take

There

is

not

a

set

time

for

how

long

applications

will

take

It

can

take

up

to

days

for

you

to

get

a

reply

Advice

If

you

want

further

advice

on

applying

to

make

a

correction

contact

the

register

office

or

the

General

Register

Office

GRO


If

your

child

has

a

baby

You

can

claim

Child

Benefit

for

a

child

you

’re

responsible

for

and

their

baby

If

your

child

is

claiming

the

Child

Benefit

you

can

collect

the

payment

on

their

behalf

by

talking

to

their

bank

The

Child

Benefit

Office

can

only

pay

Child

Benefit

into

one

account

This

can

be

a

joint

account

you

share

with

your

child

but

their

name

must

be

on

the

account

too

Appointees

You

can

apply

for

the

right

to

deal

with

the

Child

Benefit

of

someone

who

ca

n’t

manage

their

own

affairs

for

example

because

they

’re

mentally

incapable

or

severely

disabled

This

is

called

becoming

an

appointee

You

can

apply

as

an

individual

or

as

a

voluntary

organisation

If

you

’re

paid

to

deal

with

someone

else

’s

Child

Benefit

you

’re

known

as

a

paid

agent

You

’re

not

an

appointee

if

you

just

help

someone

complete

their

claim

form

How

to

become

an

appointee

Contact

the

Child

Benefit

Office

to

apply

They

’ll

discuss

if

becoming

an

appointee

is

the

best

option

and

tell

you

what

you

need

to

do

You

can

arrange

with

someone

’s

bank

or

the

Post

Office

to

collect

their

payments

without

becoming

an

appointee

Your

responsibilities

As

an

appointee

you

must

do

things

like

complete

the

claim

form

deal

with

any

letters

from

the

Child

Benefit

Office

report

any

changes

that

affect

Child

Benefit

stop

or

restart

payments

where

the

person

or

their

partner

is

affected

by

the

High

Income

Child

Benefit

Charge

The

Child

Benefit

will

be

paid

into

your

bank

account

How

to

become

a

paid

agent

Your

client

must

send

a

letter

to

the

Child

Benefit

Office

saying

you

can

deal

with

Child

Benefit

on

their

behalf

Stop

or

change

an

appointee

or

paid

agent

Write

to

the

Child

Benefit

Office

within

one

month

of

when

you

want

to

stop

or

change

the

appointee

Authorisation

The

Child

Benefit

Helpline

can

only

discuss

a

claim

with

the

person

named

on

the

claim

form

or

their

appointee

A

partner

or

someone

else

can

get

general

advice

but

they

must

be

authorised

to

discuss

a

claim

with

the

helpline

The

process

is

different

if

you

act

for

a

lot

of

clients

or

you

’re

a

paid

agent

Get

authorised

The

claimant

must

fill

in

form

or

write

a

letter

with

the

same

information

and

send

it

to

the

Tax

Credit

Office

the

address

is

on

the

form

The

authorisation

lasts

months

unless

a

different

end

date

is

put

on

the

form

It

usually

takes

days

to

get

authorised

from

when

your

form

is

received

Usually

you

wo

n’t

get

a

letter

confirming

the

authorisation

The

Child

Benefit

Office

will

also

need

to

have

received

the

claimant

’s

Child

Benefit

claim

form

More

than

one

person

can

be

authorised

but

they

each

must

send

a

form

If

you

act

for

a

lot

of

clients

Write

to

the

Tax

Credit

Office

to

register

as

an

intermediary

organisation

if

you

work

in

the

voluntary

sector

and

act

for

many

people

You

can

get

urgent

authorisation

online

if

you

’re

an

intermediary

organisation

and

you

have

a

completed

You

must

keep

your

client

’s

completed

for

years

from

the

date

it

was

signed

If

you

’re

a

paid

agent

Your

client

must

send

a

letter

to

the

Child

Benefit

Office

saying

you

can

deal

with

Child

Benefit

on

their

behalf

To

authorise

you

to

deal

with

High

Income

Child

Benefit

Tax

Charge

matters

they

also

need

to

fill

in

form

Cancel

an

authorisation

An

authorisation

can

be

cancelled

by

writing

to

the

Child

Benefit

Office


What

you

need

to

do

You

can

use

the

Tell

Us

Once

service

to

notify

DVLA

when

someone

dies

if

it

’s

available

in

your

area

You

still

have

to

tell

DVLA

separately

when

you

sell

the

vehicle

keep

the

vehicle

even

if

it

’s

temporary

and

you

’re

not

using

it

keep

a

personalised

registration

number

you

’ll

need

to

do

this

before

you

sell

the

vehicle

If

Tell

Us

Once

is

not

available

in

your

area

Write

to

DVLA

to

tell

them

a

driver

has

died

Include

the

person

’s

driving

licence

with

your

letter

if

you

have

it

Your

letter

must

include

your

relationship

to

the

person

who

died

the

date

they

died

their

name

address

and

date

of

birth

Send

the

letter

to

You

do

not

need

to

send

a

death

certificate

If

you

need

help

Contact

DVLA

if

you

need

help

Northern

Ireland

There

’s

a

different

process

in

Northern

Ireland

Keeping

a

vehicle

Tell

DVLA

that

you

’re

the

new

keeper

of

the

vehicle

and

tax

it

in

your

own

name

straight

away

You

can

not

transfer

vehicle

tax

from

another

person

You

must

tax

the

vehicle

in

your

name

even

if

you

’re

taking

over

ownership

as

a

family

member

or

looking

after

it

for

a

short

time

You

can

be

prosecuted

if

you

use

the

vehicle

on

a

public

road

before

taxing

it

in

your

own

name

and

insuring

it

What

you

do

depends

on

whether

you

have

the

vehicle

log

book

If

you

have

the

vehicle

log

book

Fill

in

section

if

you

have

a

new

style

log

book

with

multi

coloured

numbered

blocks

on

the

front

cover

Fill

in

section

if

you

have

the

older

style

log

book

Tear

off

and

keep

the

green

new

keeper

slip

Write

a

letter

explaining

your

relationship

to

the

person

who

died

the

date

they

died

and

who

should

be

paid

any

vehicle

tax

refund

Send

the

with

your

letter

to

the

DVLA

Sensitive

Casework

Team

Also

include

form

if

you

want

to

register

the

vehicle

as

off

the

road

SORN

instead

of

taxing

it

DVLA

will

immediately

cancel

any

existing

vehicle

tax

and

direct

debits

and

send

a

cheque

for

any

refund

and

a

new

Use

the

new

keeper

slip

to

tax

the

vehicle

in

your

name

before

you

use

it

on

a

public

road

Do

not

wait

for

the

new

If

you

do

not

have

the

vehicle

log

book

Fill

in

form

to

apply

for

a

There

’s

a

fee

Write

a

letter

explaining

your

relationship

to

the

person

who

died

the

date

they

died

and

who

should

be

paid

any

vehicle

tax

refund

Send

the

and

fee

with

your

letter

to

the

DVLA

Sensitive

Casework

Team

Also

include

form

if

you

want

to

register

the

vehicle

as

off

the

road

SORN

instead

of

taxing

it

DVLA

will

immediately

cancel

any

existing

vehicle

tax

and

direct

debits

and

send

you

a

new

Use

your

new

to

tax

the

vehicle

If

you

need

help

Contact

DVLA

if

you

need

help

Selling

a

vehicle

What

you

do

depends

on

whether

you

have

the

vehicle

log

book

If

you

have

the

vehicle

log

book

Write

a

letter

explaining

your

relationship

to

the

person

who

died

the

date

the

person

died

who

should

be

paid

any

vehicle

tax

refund

vehicle

tax

can

not

be

transferred

to

a

new

owner

Send

the

letter

to

the

DVLA

Sensitive

Casework

Team

with

the

right

part

of

the

The

part

you

send

depends

on

whether

you

’re

selling

the

vehicle

to

a

private

individual

or

a

motor

trader

Selling

to

a

private

individual

Fill

in

section

if

you

have

a

new

style

log

book

with

multi

coloured

numbered

blocks

on

the

front

cover

Fill

in

section

if

you

have

the

older

style

log

book

Give

the

green

new

keeper

slip

to

the

buyer

Send

the

with

your

letter

to

the

DVLA

Sensitive

Casework

Team

Selling

to

a

motor

trader

Get

the

motor

trader

to

fill

in

the

yellow

sell

transfer

or

part

exchange

your

vehicle

to

the

motor

trade

section

of

the

log

book

Send

the

perforated

section

with

your

letter

to

the

DVLA

Sensitive

Casework

Team

Give

the

motor

trader

the

rest

of

the

If

you

do

not

have

the

vehicle

log

book

When

you

sell

the

car

tell

the

buyer

they

’ll

need

to

fill

in

form

to

apply

for

a

There

’s

a

fee

You

need

to

write

a

letter

to

the

DVLA

Sensitive

Casework

Team

to

tell

them

you

’ve

sold

the

vehicle

Your

letter

needs

to

say

the

date

you

sold

the

vehicle

your

relationship

to

the

person

who

died

the

date

they

died

who

should

be

paid

any

vehicle

tax

refund

the

buyer

’s

name

and

address

If

you

need

help

Contact

DVLA

if

you

need

help


Overview

Apply

to

the

Court

of

Protection

if

you

want

to

make

or

change

a

will

on

behalf

of

someone

who

can

not

do

it

themselves

This

may

be

because

for

example

they

’ve

had

a

serious

brain

injury

or

illness

they

have

dementia

You

can

apply

when

the

person

is

not

able

to

understand

what

making

or

changing

a

will

means

how

much

money

they

have

or

what

property

they

own

how

making

or

changing

a

will

might

affect

the

people

they

know

either

those

mentioned

in

the

will

or

those

left

out

Someone

who

has

lost

the

mental

capacity

to

manage

their

finances

may

still

have

the

ability

to

make

a

will

A

solicitor

will

usually

be

able

to

tell

you

if

they

are

How

to

apply

Download

fill

in

and

return

the

forms

with

details

of

the

proposed

will

and

supporting

documents

Tell

other

people

that

you

’ve

applied

Attend

a

hearing

if

the

Court

of

Protection

decides

to

hold

one

Sign

the

will

have

it

witnessed

and

send

it

to

the

Court

of

Protection

to

have

it

sealed

Emergency

applications

You

can

apply

to

the

Court

of

Protection

for

an

emergency

decision

on

a

statutory

will

if

the

person

you

’re

applying

for

only

has

a

short

time

to

live

Get

legal

advice

You

can

get

legal

advice

from

a

solicitor

you

’ll

have

to

pay

for

this

organisations

which

give

advice

for

free

for

example

Citizens

Advice

Bureau

How

to

apply

Download

and

fill

in

the

following

forms

to

apply

to

make

a

will

on

behalf

of

someone

or

to

make

changes

to

their

existing

will

application

form

witness

statement

information

form

You

’ll

also

need

to

prove

to

the

Court

of

Protection

that

the

person

is

not

able

to

make

a

will

by

themselves

Download

and

fill

in

assessment

of

capacity

form

you

’ll

need

to

get

the

person

’s

doctor

or

other

medical

professional

to

fill

in

the

relevant

parts

Send

the

completed

forms

your

supporting

documents

and

payment

to

the

Court

of

Protection

Supporting

documents

You

’ll

need

to

include

the

following

information

and

documents

a

copy

of

the

person

’s

current

will

and

any

amendments

codicils

a

copy

of

the

proposed

new

will

or

codicil

a

copy

of

any

deputyship

order

details

of

the

people

who

have

agreed

to

deal

with

the

will

after

the

person

’s

death

executors

a

copy

of

any

registered

lasting

power

of

attorney

or

registered

enduring

power

of

attorney

the

person

’s

family

tree

reasons

the

person

might

be

expected

to

provide

for

people

named

in

the

will

beneficiaries

the

person

’s

address

and

details

about

where

they

’re

living

for

example

care

home

hospital

You

must

also

provide

details

of

the

person

’s

estate

and

assets

accounts

showing

their

estimated

income

and

outgoings

details

of

any

inheritance

tax

payable

in

the

event

of

the

person

’s

death

Acting

in

the

other

person

’s

best

interest

Decisions

taken

on

someone

’s

behalf

must

always

be

in

their

best

interest

You

must

consider

what

they

would

do

if

they

were

able

to

make

a

will

themselves

their

beliefs

and

personal

values

how

they

’ve

acted

and

made

decisions

for

themselves

in

the

past

Read

the

Court

of

Protection

practice

direction

for

more

information

and

an

example

of

a

statutory

will

Fees

An

application

for

a

statutory

will

costs

You

may

also

have

to

pay

if

the

court

decides

to

hold

a

hearing

including

telephone

hearings

solicitor

’s

fees

if

a

solicitor

is

appointed

by

the

Official

Solicitor

to

act

as

the

person

’s

litigation

friend

Counsel

’s

fees

if

there

are

any

How

to

pay

Send

a

cheque

for

made

payable

to

HM

Courts

and

Tribunals

Service

with

your

completed

forms

and

supporting

documents

You

’ll

be

told

when

you

need

to

pay

any

additional

costs

for

example

for

court

hearings

You

may

be

able

to

claim

back

any

fees

you

pay

from

the

estate

of

the

person

you

’re

applying

for

Exemptions

and

refunds

You

may

not

have

to

pay

an

application

or

hearing

fee

depending

on

the

circumstances

of

the

person

you

’re

applying

for

for

example

they

have

low

or

no

income

are

on

certain

types

of

benefit

Download

and

fill

in

the

application

for

a

fee

remission

form

and

send

it

the

Court

of

Protection

with

your

application

forms

The

form

contains

guidance

about

exemptions

The

fee

will

be

refunded

if

the

person

dies

within

days

of

the

Court

of

Protection

receiving

your

application

After

you

apply

The

Court

of

Protection

will

send

you

a

letter

to

confirm

that

your

application

has

been

received

You

’ll

also

get

a

stamped

copy

of

your

application

form

and

a

directions

order

from

the

court

telling

you

what

to

do

next

The

Official

Solicitor

The

directions

order

might

tell

you

to

write

to

the

Official

Solicitor

to

tell

them

about

your

application

The

Official

Solicitor

makes

sure

that

people

who

can

not

make

decisions

for

themselves

have

someone

to

represent

them

in

court

cases

Tell

people

named

in

your

application

Your

directions

order

will

say

who

you

must

tell

serve

about

your

application

This

could

include

the

person

who

the

application

is

about

and

anyone

named

in

an

existing

will

who

would

be

affected

financially

for

example

they

are

not

a

beneficiary

in

the

new

will

anyone

who

would

be

expected

to

benefit

if

the

person

were

to

die

without

a

will

intestate

for

example

family

members

any

other

people

named

on

your

application

the

Official

Solicitor

You

must

serve

both

of

the

following

documents

within

days

of

the

application

being

issued

notice

that

an

application

form

has

been

issued

acknowledgment

of

service

form

so

they

can

confirm

they

’ve

been

told

about

the

application

and

register

any

objection

You

can

serve

them

by

post

to

their

home

address

by

fax

or

email

in

person

You

’ll

be

given

time

to

reach

a

decision

with

the

people

you

’ve

served

The

Court

of

Protection

may

hold

a

hearing

if

you

can

not

Getting

a

decision

The

Court

of

Protection

will

tell

you

if

your

application

’s

been

approved

or

rejected

you

have

to

provide

more

information

for

example

further

medical

reports

there

’ll

be

a

hearing

to

get

more

information

Court

hearings

The

Court

of

Protection

will

hold

a

hearing

or

hearings

if

you

have

not

been

able

to

reach

a

decision

with

the

people

you

’ve

served

You

can

also

get

a

solicitor

to

represent

you

during

the

hearing

Read

the

guidance

on

what

to

expect

from

a

Court

of

Protection

hearing

You

’ll

have

to

pay

a

hearing

fee

after

the

court

makes

their

final

decision

Appeal

a

decision

You

can

ask

for

a

decision

that

was

made

without

a

hearing

to

be

reconsidered

any

time

within

days

of

the

decision

being

made

To

appeal

a

decision

made

at

a

court

hearing

download

and

fill

in

the

Appellants

Notice

Form

COP

You

must

pay

You

can

apply

for

help

paying

the

fee

if

you

’re

getting

certain

benefits

or

on

a

low

income

Send

the

form

to

the

Court

of

Protection

with

a

cheque

made

payable

to

HM

Courts

and

Tribunals

Service

within

days

of

the

date

the

decision

was

made

Finalising

the

will

You

’ll

be

sent

a

court

order

confirming

that

your

application

has

been

accepted

with

a

letter

telling

you

what

to

do

next

Sign

the

will

You

must

sign

copies

of

the

will

Both

copies

should

be

signed

in

your

name

and

in

the

name

of

the

person

the

will

has

been

made

for

You

must

also

get

witnesses

aged

or

over

to

sign

them

The

witnesses

must

be

with

you

when

you

sign

the

will

sign

the

will

straight

after

you

Send

the

signed

copies

of

the

statutory

will

to

the

Court

of

Protection

The

copies

will

be

given

the

court

’s

official

seal

and

sent

back

to

you

When

the

person

dies

The

statutory

will

can

be

handled

executed

in

the

normal

way

as

if

the

person

had

made

the

will

themselves


Overview

You

do

n’t

usually

pay

tax

on

anything

you

inherit

at

the

time

you

inherit

it

You

may

need

to

pay

Income

Tax

on

profit

you

later

earn

from

your

inheritance

eg

dividends

from

shares

or

rental

income

from

a

property

Capital

Gains

Tax

if

you

later

sell

shares

or

a

property

you

inherited

Inheritance

Tax

Inheritance

Tax

The

estate

of

the

person

who

died

usually

pays

Inheritance

Tax

You

may

need

to

pay

Inheritance

Tax

if

the

estate

ca

n’t

or

does

n’t

pay

it

You

may

need

to

pay

Inheritance

Tax

on

a

gift

the

person

gave

you

in

the

years

before

they

died

You

may

also

need

to

pay

it

if

your

inheritance

is

put

into

a

trust

and

the

trust

ca

n’t

or

does

n’t

pay

If

the

will

says

the

Inheritance

Tax

should

be

paid

out

of

the

assets

you

’ve

inherited

the

executor

of

the

will

or

administrator

of

the

estate

will

usually

pay

it

HM

Revenue

and

Customs

HMRC

will

contact

you

if

you

need

to

pay

Money

and

shares

In

most

cases

you

do

n’t

pay

any

tax

on

money

and

shares

when

you

inherit

them

Inheritance

Tax

You

may

have

to

pay

Inheritance

Tax

on

money

and

shares

you

inherit

if

the

deceased

person

’s

estate

ca

n’t

or

does

n’t

pay

HM

Revenue

and

Customs

HMRC

will

contact

you

if

you

need

to

pay

Any

money

or

shares

the

person

gave

you

before

they

died

are

known

as

gifts

and

have

different

rules

Income

Tax

You

may

have

to

pay

Income

Tax

on

interest

you

earn

from

money

you

inherit

dividends

paid

on

shares

you

inherit

Capital

Gains

Tax

You

’ll

have

to

pay

Capital

Gains

Tax

if

you

sell

dispose

of

inherited

shares

that

have

gone

up

in

value

since

the

person

died

Property

You

do

n’t

pay

Stamp

Duty

Income

Tax

or

Capital

Gains

Tax

on

a

property

you

inherit

when

you

inherit

it

You

may

have

to

pay

Inheritance

Tax

if

the

deceased

’s

estate

ca

n’t

or

does

n’t

pay

it

HM

Revenue

and

Customs

HMRC

will

contact

you

if

you

need

to

pay

The

rules

are

different

in

Scotland

Selling

the

property

You

do

n’t

pay

Capital

Gains

Tax

when

you

sell

your

home

You

do

pay

it

if

you

make

a

profit

when

you

sell

a

property

that

is

n’t

your

main

home

If

inheriting

a

property

means

you

own

homes

you

’ll

have

to

nominate

one

of

them

as

your

main

home

You

must

tell

HMRC

which

property

is

your

main

home

within

years

of

inheriting

the

property

If

you

do

n’t

tell

HMRC

and

you

sell

one

of

the

properties

they

’ll

decide

which

property

was

your

main

home

Renting

out

the

property

You

may

have

to

pay

tax

on

the

rental

income

Properties

held

in

trust

Usually

if

you

inherit

property

held

in

a

trust

you

are

the

beneficiary

and

the

trustees

are

the

legal

owners

and

responsible

for

paying

tax

on

income

the

trust

receives

You

may

still

have

to

pay

tax

on

any

income

you

receive

from

the

trust

Bare

trusts

If

the

trust

is

a

bare

trust

you

are

both

the

beneficiary

and

the

legal

owner

and

are

responsible

for

paying

tax

on

income

the

trust

receives

Joint

property

shares

and

bank

accounts

In

most

cases

you

do

n’t

have

to

pay

any

Stamp

Duty

or

tax

when

you

inherit

property

shares

or

the

money

in

joint

bank

accounts

you

owned

with

the

deceased

Inheritance

Tax

What

you

pay

will

depend

on

how

you

owned

the

shares

or

property

or

how

your

bank

accounts

were

set

up

If

you

and

the

deceased

jointly

owned

the

assets

you

’ll

be

known

as

joint

tenants

joint

owners

in

Scotland

If

you

each

owned

a

part

of

the

assets

you

’ll

be

known

as

tenants

in

common

common

owners

in

Scotland

and

coparceners

in

Northern

Ireland

Each

part

could

be

half

or

an

agreed

percentage

of

the

money

shares

or

property

Check

with

your

bank

if

you

’re

not

sure

how

the

money

in

your

account(s

was

divided

up

Joint

tenants

You

automatically

inherit

anything

you

owned

as

joint

tenants

You

may

have

to

pay

Inheritance

Tax

if

the

whole

of

the

deceased

’s

estate

all

their

money

property

and

possessions

is

worth

more

than

the

Inheritance

Tax

threshold

of

and

the

deceased

’s

estate

ca

n’t

or

does

n’t

pay

Tenants

in

common

You

may

have

to

pay

Inheritance

Tax

on

the

deceased

’s

share

of

the

money

in

bank

accounts

shares

or

property

if

the

whole

of

their

estate

money

property

and

possessions

is

worth

more

than

the

Inheritance

Tax

threshold

of

If

the

deceased

left

you

their

share

of

the

money

shares

or

property

in

their

will

the

executor

of

the

will

or

administrator

of

their

estate

should

pay

the

Inheritance

Tax

out

of

the

estate

But

if

the

estate

does

n’t

have

enough

money

to

pay

the

Inheritance

Tax

on

the

deceased

’s

share

of

the

assets

or

the

executor

does

n’t

pay

you

’ll

have

to

pay

it

You

may

have

to

sell

the

shares

or

property

to

pay

the

tax

and

any

other

debts

HM

Revenue

and

Customs

HMRC

will

contact

you

if

you

need

to

pay

You

may

have

to

tell

the

Land

Registry

about

the

death

of

one

of

the

property

’s

owners

Income

Tax

and

Capital

Gains

Tax

You

may

have

to

pay

other

taxes

on

anything

you

earn

or

profits

you

make

from

bank

interest

share

dividends

property


Overview

To

be

adopted

a

child

must

be

under

the

age

of

when

the

adoption

application

is

made

not

be

or

have

never

been

married

or

in

a

civil

partnership

The

child

’s

birth

parents

Both

birth

parents

normally

have

to

agree

consent

to

the

adoption

unless

they

can

not

be

found

they

’re

incapable

of

giving

consent

for

example

due

to

a

mental

disability

the

child

would

be

put

at

risk

if

they

were

not

adopted

Who

can

adopt

a

child

You

may

be

able

to

adopt

a

child

if

you

’re

aged

or

over

there

’s

no

upper

age

limit

and

either

single

married

in

a

civil

partnership

an

unmarried

couple

same

sex

and

opposite

sex

the

partner

of

the

child

’s

parent

There

are

different

rules

for

private

adoptions

and

adoptions

of

looked

after

children

Living

in

the

UK

You

do

not

have

to

be

a

British

citizen

to

adopt

a

child

but

you

or

your

partner

if

you

’re

a

couple

must

have

a

fixed

and

permanent

home

in

the

UK

Channel

Islands

or

the

Isle

of

Man

you

and

your

partner

if

you

’re

a

couple

must

have

lived

in

the

UK

for

at

least

year

before

you

begin

the

application

process

Adoption

Support

Fund

You

may

be

able

to

get

funding

from

the

Adoption

Support

Fund

It

provides

money

for

therapy

for

children

and

families

to

help

improve

relationships

confidence

and

behaviour

Your

social

worker

can

apply

for

you

If

you

’re

not

happy

with

how

the

social

worker

has

handled

the

application

complain

to

the

council

If

you

’re

not

happy

with

the

council

’s

response

contact

the

Adoption

Support

Fund

team

Early

stages

of

adoption

To

adopt

a

child

you

can

go

through

either

an

adoption

agency

that

’s

part

of

your

local

council

a

voluntary

adoption

agency

The

adoption

process

Contact

an

adoption

agency

they

’ll

send

you

information

about

the

adoption

process

The

agency

will

arrange

to

meet

you

you

may

also

be

invited

to

a

meeting

with

other

people

wanting

to

adopt

a

child

If

you

and

the

agency

agree

to

carry

on

the

agency

will

give

you

an

application

form

The

adoption

approval

process

normally

takes

around

months

You

will

then

be

matched

with

a

child

for

adoption

Adoption

assessment

Once

the

agency

gets

your

application

it

will

do

the

following

Invite

you

to

a

series

of

preparation

classes

these

are

normally

held

locally

and

give

advice

on

the

effect

adoption

may

have

on

you

Arrange

for

a

social

worker

to

visit

you

on

several

occasions

to

carry

out

an

assessment

this

is

to

check

you

’re

suitable

to

become

an

adoptive

parent

Arrange

a

police

check

you

will

not

be

allowed

to

adopt

if

you

or

an

adult

member

of

your

family

have

been

convicted

of

a

serious

offence

for

example

against

a

child

Ask

you

to

provide

the

names

of

referees

who

will

give

you

a

personal

reference

One

of

your

referees

can

be

a

relative

Arrange

for

you

to

have

a

full

medical

examination

Your

assessment

The

social

worker

will

send

the

assessment

report

to

an

independent

adoption

panel

This

is

a

group

of

people

who

are

experienced

in

adoption

The

panel

will

make

a

recommendation

to

the

adoption

agency

based

on

your

assessment

You

can

go

along

to

ask

questions

and

answer

any

questions

the

panel

has

The

adoption

panel

will

send

their

recommendation

to

the

agency

which

will

then

decide

whether

you

’re

suitable

to

adopt

a

child

If

you

can

adopt

a

child

Once

your

agency

decides

you

can

adopt

they

’ll

begin

the

process

of

finding

a

child

The

agency

will

explain

how

the

process

works

and

how

you

can

be

involved

If

you

live

in

Wales

your

agency

can

refer

you

to

the

National

Adoption

Service

for

Wales

This

holds

details

of

children

across

Wales

who

need

adopting

If

an

adoption

agency

says

you

can

not

adopt

If

you

disagree

with

an

adoption

agency

’s

decision

you

can

either

challenge

their

decision

by

writing

to

them

apply

to

the

Independent

Review

Mechanism

which

will

look

into

your

case

You

can

also

contact

other

adoption

agencies

but

you

’ll

have

to

start

the

process

again

Applying

for

an

adoption

court

order

To

make

an

adoption

legal

you

need

to

apply

for

an

adoption

court

order

This

gives

you

parental

rights

and

responsibilities

for

the

child

The

child

must

have

lived

with

you

for

at

least

weeks

before

you

apply

Once

the

order

has

been

granted

the

adoption

becomes

permanent

the

child

has

the

same

rights

as

if

they

were

your

own

birth

child

for

example

the

right

of

inheritance

you

can

buy

a

copy

of

the

adoption

certificate

you

will

not

get

this

automatically

The

order

also

takes

away

parental

responsibility

from

the

child

’s

birth

parent(s

anyone

else

who

has

parental

responsibility

for

the

child

How

to

apply

Most

applications

for

adoption

orders

are

done

at

a

Family

Court

You

need

to

send

the

court

a

completed

application

for

an

adoption

order

Form

Getting

an

adoption

certificate

If

your

application

is

successful

the

General

Register

Office

will

create

an

adoption

certificate

This

replaces

the

original

birth

certificate

and

shows

the

child

’s

new

name

If

you

want

a

copy

of

the

new

certificate

you

need

to

buy

one

you

will

not

get

it

automatically

A

full

copy

of

the

certificate

costs

You

can

order

one

online

by

post

You

need

the

full

version

for

most

legal

tasks

for

your

child

for

example

getting

a

passport

Adopting

a

child

you

’ve

been

fostering

You

need

to

be

reassessed

and

approved

as

adoptive

parents

if

you

want

to

adopt

the

child

you

’ve

been

fostering

Adopting

a

stepchild

You

need

to

tell

your

local

council

if

you

want

to

adopt

your

spouse

’s

or

partner

’s

child

You

must

do

this

at

least

months

before

applying

to

a

court

for

an

adoption

order

The

child

must

also

have

lived

with

both

of

you

for

at

least

months

The

adoption

assessment

The

process

to

adopt

is

similar

to

an

assessment

through

an

adoption

agency

The

assessment

is

used

to

help

a

court

decide

if

you

can

adopt

the

child

rather

than

being

sent

to

an

independent

adoption

panel

The

court

will

ask

your

local

council

to

provide

a

report

on

your

partner

the

child

the

other

birth

parent

The

report

will

be

prepared

by

a

social

worker

and

will

be

used

to

help

the

court

make

a

decision

If

granted

the

adoption

court

order

gives

you

parental

responsibility

for

the

child

along

with

your

spouse

or

partner

The

order

also

takes

away

parental

responsibility

from

the

child

’s

other

birth

parent

anyone

else

who

has

parental

responsibility

for

the

child

An

adoption

order

cancels

any

other

type

of

court

order

such

as

how

and

when

the

child

’s

birth

parent

can

visit

the

child

Adopting

a

child

from

overseas

You

can

adopt

a

child

from

overseas

if

they

can

not

be

cared

for

in

a

safe

environment

in

their

own

country

the

adoption

would

be

in

their

best

interests

the

adopter

has

been

assessed

as

eligible

and

suitable

to

adopt

from

overseas

by

an

adoption

agency

in

the

UK

If

you

want

to

adopt

a

child

from

overseas

you

should

contact

a

UK

adoption

agency

through

your

local

council

in

England

and

Wales

your

local

health

and

social

care

trust

in

Northern

Ireland

a

voluntary

adoption

agency

that

deals

with

overseas

adoption

There

is

a

different

process

for

overseas

adoption

in

Scotland

The

adoption

process

is

similar

to

a

UK

adoption

and

will

be

done

by

a

UK

adoption

agency

that

may

charge

a

fee

If

you

’re

assessed

and

approved

as

suitable

to

adopt

a

child

by

a

UK

adoption

agency

they

will

let

you

know

what

you

need

to

do

and

guide

you

through

these

steps

Your

application

will

be

sent

to

the

Department

for

Education

DfE

or

your

relevant

UK

Central

Authority

to

check

it

meets

eligibility

criteria

DfE

or

your

relevant

UK

Central

Authority

will

issue

a

Certificate

of

Eligibility

to

Adopt

and

send

it

with

your

adoption

application

to

the

relevant

overseas

authority

some

countries

require

adoption

applications

and

supporting

documentation

is

notarised

legalised

and

translated

Once

matched

you

need

to

visit

the

child

in

their

own

country

and

confirm

in

writing

that

you

’ve

visited

them

and

want

to

proceed

with

the

adoption

You

may

need

to

go

through

adoption

court

processes

in

the

country

you

’re

adopting

from

and

the

UK

Once

the

placement

has

been

finalised

you

will

need

to

arrange

entry

clearance

for

the

child

to

enter

the

UK

Fees

The

DfE

charges

a

non

refundable

fee

of

for

processing

an

application

to

adopt

a

child

from

overseas

The

fee

is

exempt

from

VAT

You

’ll

be

contacted

by

DfE

about

how

to

pay

the

fee

once

your

application

has

been

accepted

The

fee

includes

case

management

but

does

not

include

legalisation

notarisation

or

translation

costs

Contact

the

relevant

authority

to

find

out

about

fees

and

procedures

in

Scotland

Wales

and

Northern

Ireland

Restrictions

The

UK

has

restricted

adoption

from

the

following

countries

Cambodia

Guatemala

Nepal

Haiti

Ethiopia

Nigeria

You

can

read

about

the

reasons

for

the

restrictions

for

each

country

How

to

make

an

exception

request

If

you

want

to

adopt

a

child

from

a

restricted

country

you

will

need

to

set

out

the

reasons

in

writing

why

your

case

is

exceptional

for

example

adopting

a

family

member

and

provide

supporting

evidence

Find

out

how

to

make

an

exception

request

to

adopt

a

child

from

a

country

on

the

restricted

list

You

’ll

need

to

follow

a

different

process

for

dealing

with

restricted

countries

in

Scotland

Contact

the

Scottish

Government

for

enquiries

about

restrictions

in

Scotland

If

you

live

abroad

You

must

follow

the

adoption

laws

of

the

country

you

’re

in

if

you

’re

normally

resident

in

that

country

and

want

to

adopt

You

must

follow

UK

adoption

law

if

you

’re

normally

resident

in

the

UK

the

Isle

of

Man

or

the

Channel

Islands

This

is

sometimes

called

habitual

residence

and

can

apply

even

if

you

’re

living

abroad

at

the

time

of

the

adoption

If

you

’re

unsure

of

your

residence

status

you

should

get

your

own

independent

legal

advice

before

proceeding

with

an

adoption

You

may

have

to

give

a

sworn

statement

in

front

of

a

solicitor

that

you

’re

no

longer

habitually

resident

in

the

UK

the

Isle

of

Man

or

the

Channel

Islands

if

the

country

asks

for

a

no

objection

letter

from

the

UK

government

You

must

send

this

statement

along

with

a

copy

of

your

passport

either

to

the

Intercountry

Adoption

Team

at

the

DfE

or

the

nearest

British

embassy

If

you

’ve

adopted

a

child

either

in

the

UK

or

overseas

and

then

travel

or

move

to

a

third

country

the

adoption

may

not

be

recognised

in

that

country

If

you

have

any

doubts

you

should

get

independent

legal

advice

Registering

an

adoption

You

can

apply

to

register

an

overseas

adoption

in

the

Adopted

Child

Register

for

England

and

Wales

if

the

adoption

took

place

in

certain

overseas

countries

the

parent

or

parents

were

habitually

resident

in

England

and

Wales

at

the

time

of

the

adoption

the

parent

or

parents

can

provide

all

the

supporting

documents

You

should

read

the

guidance

notes

before

filling

in

the

form

to

register

with

the

General

Register

Office

GRO

Birth

parents

your

rights

For

another

couple

or

person

to

adopt

your

child

you

normally

have

to

agree

to

it

Once

your

child

is

adopted

you

no

longer

have

parental

responsibility

for

them

Depending

on

the

child

’s

situation

you

may

be

able

to

stay

in

contact

with

them

This

is

often

done

using

letters

and

photographs

and

sometimes

meetings

through

the

agency

responsible

for

arranging

the

adoption

Fathers

rights

As

the

child

’s

father

you

’ll

be

asked

to

agree

to

the

adoption

but

only

if

you

have

parental

responsibility

If

you

were

never

married

to

the

child

’s

mother

or

named

on

the

birth

certificate

you

can

apply

to

the

court

for

a

Parental

Responsibility

Order

to

get

parental

responsibility

Trying

to

stop

the

adoption

process

If

the

adoption

process

has

started

you

should

get

legal

advice

from

a

solicitor

or

Citizens

Advice

To

make

an

adoption

legal

a

court

has

to

grant

a

court

order

The

agency

arranging

the

adoption

must

let

you

know

what

your

rights

are

and

also

at

what

point

the

adoption

can

not

be

stopped

If

you

do

not

want

your

child

to

be

adopted

a

court

will

give

you

the

chance

to

say

why

A

social

worker

independent

of

the

adoption

agency

will

visit

you

and

record

the

reasons

you

do

not

want

your

child

adopted

let

the

court

know

these

reasons

you

can

go

to

court

to

explain

them

An

adoption

order

can

not

be

made

unless

the

court

thinks

it

’s

in

your

child

’s

best

interests

Adoption

without

your

consent

A

court

can

decide

the

adoption

can

go

ahead

without

your

consent

if

it

thinks

the

child

would

be

put

at

risk

if

they

were

not

adopted

it

will

send

you

the

evidence

they

have

been

given

for

example

from

social

services

you

’re

incapable

of

giving

consent

for

example

due

to

a

mental

disability


Overview

If

your

child

is

taken

into

care

because

of

a

care

order

your

council

will

share

responsibility

for

making

most

of

the

important

decisions

about

your

child

’s

upbringing

including

who

looks

after

them

where

they

live

how

they

are

educated

If

you

agree

to

your

child

becoming

looked

after

and

there

is

no

care

order

you

’ll

continue

to

have

parental

responsibility

for

your

child

In

either

case

the

council

is

responsible

for

making

sure

that

an

appropriate

standard

of

care

is

provided

making

sure

only

suitable

people

are

employed

to

look

after

your

child

providing

proper

training

and

support

to

staff

and

foster

carers

listening

to

your

child

’s

views

and

your

views

about

care

arrangements

and

taking

their

religion

race

culture

and

background

into

account

making

sure

your

child

has

someone

independent

to

talk

to

and

knows

how

to

complain

if

necessary

The

child

may

be

placed

with

either

another

relative

a

foster

carer

a

children

’s

home

Care

orders

A

care

order

is

given

by

a

court

It

allows

a

council

to

take

a

child

into

care

Under

the

Children

Act

a

council

can

apply

for

a

care

order

if

it

believes

a

child

is

suffering

or

at

risk

of

suffering

significant

harm

The

court

decides

if

the

child

can

be

taken

into

care

Care

orders

last

until

the

child

’s

birthday

an

order

is

made

giving

parental

responsibility

to

another

person

for

example

through

adoption

or

special

guardianship

the

court

lifts

the

order

this

is

called

discharging

the

order

A

child

can

only

be

taken

into

care

if

they

are

under

Making

a

complaint

If

your

child

is

in

care

and

you

’re

unhappy

about

their

treatment

you

can

make

a

complaint

Talk

to

your

child

’s

carer

or

social

worker

first

and

if

you

’re

not

happy

you

can

complain

to

your

council

Support

for

parents

The

Family

Rights

Group

Advice

Service

helpline

provides

confidential

support

for

parents

Care

proceedings

The

council

can

start

care

proceedings

if

they

’re

very

worried

about

a

child

They

can

apply

for

a

care

order

which

means

the

council

will

have

parental

responsibility

for

your

child

and

can

determine

where

your

child

can

live

They

can

apply

for

a

placement

order

as

well

if

they

believe

that

the

child

should

be

adopted

This

allows

the

council

to

place

the

child

with

suitable

adopters

Interim

care

orders

At

the

start

of

care

proceedings

the

council

asks

the

family

court

to

make

a

temporary

court

order

called

an

interim

care

order

If

the

court

agrees

the

council

can

take

the

child

into

care

on

a

temporary

basis

This

can

be

for

up

to

weeks

at

first

Looking

at

the

case

It

can

take

up

to

weeks

for

a

court

to

decide

what

should

happen

to

the

child

Some

complex

cases

can

take

longer

During

this

time

a

social

worker

an

officer

from

the

Children

and

Family

Court

Advisory

and

Support

Service

Cafcass

and

other

people

will

be

trying

to

understand

the

reasons

why

the

child

may

be

at

risk

They

will

also

look

at

what

can

be

done

to

keep

them

safe

They

will

talk

to

the

parents

and

the

child

They

may

talk

to

other

family

members

or

friends

about

looking

after

the

child

if

they

can

not

safely

live

at

home

The

parents

might

also

get

support

Reports

The

social

worker

and

Cafcass

officer

will

each

write

a

report

for

the

court

These

will

outline

what

they

think

should

happen

to

the

child

They

will

include

whether

they

think

the

child

should

be

taken

into

care

or

stay

with

the

family

Once

all

the

information

has

been

gathered

there

will

be

a

court

hearing

Going

to

court

Once

all

the

information

has

been

gathered

there

will

be

a

court

hearing

The

judge

will

look

at

the

reports

and

listen

to

everyone

involved

in

the

case

including

the

child

the

parents

solicitors

representing

parents

and

children

the

council

social

worker

the

Children

and

Family

Court

Advisory

and

Support

Service

Cafcass

officer

The

child

will

go

back

home

if

the

judge

decides

that

they

’re

safe

If

not

the

council

will

find

them

a

new

home

That

may

be

with

other

members

of

their

family

friends

a

new

family

a

children

’s

home

a

foster

carer

What

Cafcass

does

In

care

proceedings

a

Children

’s

Guardian

from

Cafcass

represents

the

rights

and

interests

of

the

child

They

spend

time

getting

to

know

the

child

and

their

family

before

the

hearing

The

Children

’s

Guardian

appoints

a

solicitor

for

the

child

advises

the

court

about

what

needs

to

be

done

before

it

can

make

a

decision

tells

the

court

what

they

think

would

be

best

for

the

child

including

the

child

’s

wishes

and

feelings

The

Children

’s

Guardian

will

usually

spend

time

with

the

child

and

their

family

They

’ll

tell

the

court

if

they

have

not

seen

the

child

before

they

write

their

report

They

may

also

talk

to

other

people

who

know

the

family

like

teachers

social

workers

and

health

visitors

They

may

go

to

meetings

about

the

child

check

records

and

read

the

council

’s

case

file

recommend

to

the

court

that

other

independent

professionals

help

the

court

with

advice

for

example

a

doctor

or

psychologist

Cafcass

workers

are

independent

they

do

not

work

for

the

council

or

the

court

You

can

find

out

more

about

what

happens

in

care

proceedings

and

about

what

Cafcass

does

on

the

Cafcass

website

Educating

children

in

care

The

council

will

be

responsible

for

your

child

’s

education

if

they

’re

taken

into

care

They

must

have

someone

called

a

virtual

school

head

to

make

sure

social

workers

and

others

give

proper

attention

to

your

child

’s

education

while

in

care

There

will

also

be

a

designated

teacher

who

is

responsible

for

all

of

the

children

in

care

at

your

child

’s

school

Your

child

will

have

an

overall

care

plan

which

will

include

education

Most

of

the

decisions

about

the

child

’s

welfare

will

be

taken

by

their

social

worker

and

foster

carer

or

residential

care

worker

You

might

also

be

involved

depending

on

the

circumstances

The

social

worker

is

responsible

for

making

sure

your

child

can

achieve

their

potential

including

working

with

your

child

’s

school

to

draw

up

a

personal

education

plan

making

sure

they

are

well

supported

at

school

making

sure

they

go

to

school

every

day

choosing

and

applying

for

a

school

place

when

required

making

sure

that

there

are

good

links

between

social

services

and

the

child

’s

designated

teacher

being

involved

in

any

assessment

for

special

educational

needs

making

sure

that

foster

carers

attend

parents

evenings

and

any

other

school

events

which

parents

would

attend


Overview

Apply

to

the

Court

of

Protection

if

both

of

the

following

apply

you

’re

concerned

about

the

personal

welfare

or

property

and

financial

affairs

of

someone

who

’s

lost

mental

capacity

you

want

to

get

a

one

off

decision

for

example

to

stop

someone

visiting

a

person

who

’s

lost

mental

capacity

in

a

nursing

home

You

can

only

apply

to

the

court

if

there

’s

a

major

disagreement

about

a

serious

decision

which

can

not

be

agreed

any

other

way

There

are

general

rules

and

examples

in

the

Mental

Capacity

Act

Code

of

Practice

Check

if

someone

has

an

attorney

or

deputy

acting

for

them

before

you

apply

If

there

’s

an

immediate

risk

to

the

person

Apply

for

an

emergency

or

urgent

court

order

if

you

think

there

’s

an

immediate

risk

to

the

person

for

example

they

need

emergency

medical

treatment

they

can

not

consent

to

If

the

person

needs

long

term

help

You

may

have

to

apply

to

become

a

deputy

if

the

person

needs

long

term

help

with

decisions

about

personal

welfare

or

property

and

financial

affairs

How

to

apply

Download

and

fill

in

an

application

form

send

the

original

and

copies

an

assessment

of

capacity

form

get

the

person

’s

doctor

or

other

medical

professional

to

fill

in

the

relevant

parts

and

send

the

original

and

a

copy

You

may

also

need

to

download

and

fill

in

supporting

information

for

property

and

financial

affairs

decisions

include

any

other

relevant

details

by

sending

a

completed

witness

form

with

your

application

supporting

information

for

personal

welfare

applications

send

the

original

and

a

copy

You

must

pay

to

apply

You

can

apply

for

help

paying

the

fee

if

you

’re

getting

certain

benefits

or

on

a

low

income

Send

a

cheque

made

payable

to

HM

Courts

and

Tribunals

Service

with

your

completed

forms

Read

the

application

form

guidance

notes

if

you

need

help

What

happens

next

You

must

tell

the

person

you

’re

applying

to

get

a

one

off

decision

for

people

connected

to

the

application

Tell

them

after

you

apply

Tell

other

people

you

've

applied

The

Court

of

Protection

will

send

you

a

copy

of

your

application

forms

they

’ll

be

stamped

with

an

issue

date

You

’ll

also

get

a

letter

from

the

court

telling

you

what

to

do

next

You

must

tell

serve

certain

people

about

the

application

within

days

of

the

issue

date

Tell

the

person

you

’re

applying

to

get

a

one

off

decision

for

You

or

your

representative

must

visit

the

person

and

tell

them

who

’s

applying

to

get

a

one

off

decision

about

their

personal

welfare

or

property

and

financial

affairs

that

their

ability

to

make

decisions

is

being

questioned

what

the

one

off

decision

would

mean

for

them

where

to

get

advice

if

they

want

to

discuss

the

application

You

must

give

the

person

a

completed

form

COP

use

the

guidance

notes

to

fill

it

in

yourself

an

acknowledgment

form

so

they

can

confirm

they

’ve

been

told

any

other

documents

related

to

your

application

The

person

can

get

advice

and

assistance

from

the

Court

of

Protection

Tell

people

connected

to

the

application

You

must

tell

people

named

on

your

application

that

it

’s

been

issued

Send

them

a

notice

that

an

application

form

has

been

issued

an

acknowledgment

form

so

they

can

confirm

they

’ve

been

told

any

other

documents

related

to

your

application

You

can

tell

them

by

post

by

fax

or

email

in

person

Confirm

you

’ve

told

people

served

notice

You

must

confirm

you

’ve

told

people

within

days

of

sending

the

forms

Download

and

fill

in

both

form

for

the

person

you

’re

applying

to

get

a

one

off

decision

for

form

for

other

people

named

in

the

application

These

forms

are

sometimes

called

certificates

of

service

You

must

send

both

forms

to

the

Court

of

Protection

at

the

same

time

What

happens

next

You

’ll

hear

from

the

Court

of

Protection

after

you

’ve

served

notice

told

other

people

you

’ve

applied

The

court

will

tell

you

if

your

application

’s

been

approved

or

rejected

you

have

to

provide

more

information

to

support

your

application

for

example

a

report

from

social

services

it

’s

going

to

hold

a

hearing

to

make

a

decision

and

when

and

where

it

’ll

take

place

If

there

’s

a

hearing

You

must

attend

the

hearing

You

’ll

get

a

letter

with

a

hearing

date

notice

if

the

court

decides

to

have

a

hearing

You

must

tell

the

person

you

’re

getting

a

decision

for

about

the

hearing

within

days

of

getting

the

notice

at

least

days

before

the

date

of

the

hearing

Fill

in

the

notice

about

proceedings

and

give

it

to

the

person

you

’re

getting

a

decision

for

Use

the

guidance

notes

if

you

need

help

The

person

can

contact

the

Court

of

Protection

for

advice

and

assistance

you

must

explain

this

to

them

Send

a

certificate

of

service

to

the

Court

of

Protection

within

days

of

when

you

told

the

person

You

must

pay

if

the

court

makes

a

final

decision

at

the

hearing

Get

a

decision

If

there

’s

a

hearing

you

’ll

get

a

decision

at

it

or

afterwards

by

post

You

’ll

get

a

decision

by

post

if

there

is

not

a

hearing

Challenge

a

decision

You

can

apply

to

the

court

for

the

decision

to

be

reconsidered

if

it

was

made

without

a

hearing

use

form

You

must

apply

within

days

of

the

date

the

decision

was

made

Appeal

a

decision

You

must

ask

for

permission

to

appeal

if

there

was

a

hearing

Download

and

fill

in

the

appellants

notice

You

must

pay

You

can

apply

for

help

paying

the

fee

if

you

’re

getting

certain

benefits

or

on

a

low

income


Overview

You

can

apply

to

become

someone

’s

deputy

if

they

lack

mental

capacity

This

means

they

can

not

make

a

decision

for

themselves

at

the

time

it

needs

to

be

made

They

may

still

be

able

to

make

decisions

for

themselves

at

certain

times

People

may

lack

mental

capacity

because

for

example

they

’ve

had

a

serious

brain

injury

or

illness

they

have

dementia

they

have

severe

learning

disabilities

As

a

deputy

you

’ll

be

authorised

by

the

Court

of

Protection

to

make

decisions

on

their

behalf

Types

of

deputy

There

are

types

of

deputy

Property

and

financial

affairs

deputy

You

’ll

do

things

like

pay

the

person

’s

bills

or

organise

their

pension

Personal

welfare

deputy

You

’ll

make

decisions

about

medical

treatment

and

how

someone

is

looked

after

You

can

not

become

someone

’s

personal

welfare

deputy

if

they

’re

under

Get

legal

advice

if

you

think

the

court

needs

to

make

a

decision

about

their

care

The

court

will

usually

only

appoint

a

personal

welfare

deputy

if

there

’s

doubt

whether

decisions

will

be

made

in

someone

’s

best

interests

for

example

because

the

family

disagree

about

care

someone

needs

to

be

appointed

to

make

decisions

about

a

specific

issue

over

time

for

example

where

someone

will

live

Read

the

full

guidance

about

when

you

need

to

make

a

personal

welfare

application

Becoming

a

deputy

You

can

apply

to

be

just

one

type

of

deputy

or

both

If

you

’re

appointed

you

’ll

get

a

court

order

saying

what

you

can

and

can

not

do

When

you

become

a

deputy

you

must

send

an

annual

report

to

the

Office

of

the

Public

Guardian

OPG

each

year

explaining

the

decisions

you

’ve

made

How

to

apply

Check

you

meet

the

requirements

to

be

a

deputy

Send

the

application

forms

to

the

Court

of

Protection

and

pay

the

application

fee

You

do

not

need

to

be

a

deputy

if

you

’re

just

looking

after

someone

’s

benefits

Apply

to

become

an

appointee

instead

Checks

on

your

application

The

Court

of

Protection

will

check

whether

the

person

needs

a

deputy

or

some

other

kind

of

help

there

are

no

objections

to

your

appointment

If

you

’re

appointed

the

Office

of

the

Public

Guardian

will

help

you

carry

out

your

responsibilities

You

’ll

continue

to

be

a

deputy

until

your

court

order

is

changed

cancelled

or

expires

Other

ways

to

make

decisions

for

someone

If

you

want

to

make

a

single

important

decision

you

can

apply

to

the

Court

of

Protection

for

a

one

off

order

If

the

person

already

has

a

lasting

power

of

attorney

LPA

or

enduring

power

of

attorney

EPA

they

do

not

usually

need

a

deputy

Check

if

they

have

an

LPA

or

EPA

before

you

apply

Who

can

apply

to

be

a

deputy

You

can

apply

to

be

a

deputy

if

you

’re

or

over

Deputies

are

usually

close

relatives

or

friends

of

the

person

who

needs

help

making

decisions

If

you

want

to

become

a

property

and

affairs

deputy

you

need

to

have

the

skills

to

make

financial

decisions

for

someone

else

The

court

can

appoint

or

more

deputies

for

the

same

person

When

there

’s

more

than

one

deputy

When

you

apply

tell

the

court

how

you

’ll

make

decisions

if

you

’re

not

the

only

deputy

It

will

be

either

together

joint

deputyship

which

means

all

the

deputies

have

to

agree

on

the

decision

separately

or

together

jointly

and

severally

which

means

deputies

can

make

decisions

on

their

own

or

with

other

deputies

Other

types

of

deputy

Some

people

are

paid

to

act

as

deputies

for

example

accountants

solicitors

or

representatives

of

the

local

authority

The

Court

of

Protection

can

appoint

a

specialist

deputy

called

a

panel

deputy

from

a

list

of

approved

law

firms

and

charities

if

no

one

else

is

available

Responsibilities

As

a

deputy

you

’re

responsible

for

helping

someone

make

decisions

or

making

decisions

on

their

behalf

You

must

consider

someone

’s

level

of

mental

capacity

every

time

you

make

a

decision

for

them

you

can

not

assume

it

’s

the

same

at

all

times

and

for

all

kinds

of

things

You

’ll

get

a

court

order

from

the

Court

of

Protection

which

says

what

you

can

and

can

not

do

There

are

also

general

rules

and

examples

in

the

Mental

Capacity

Act

Code

of

Practice

Guidance

for

all

deputies

When

you

’re

making

a

decision

you

must

make

sure

it

’s

in

the

other

person

’s

best

interests

consider

what

they

’ve

done

in

the

past

apply

a

high

standard

of

care

this

might

mean

involving

other

people

for

example

getting

advice

from

relatives

and

professionals

like

doctors

do

everything

you

can

to

help

the

other

person

understand

the

decision

for

example

explain

what

’s

going

to

happen

with

the

help

of

pictures

or

sign

language

add

the

decisions

to

your

annual

report

You

must

not

restrain

the

person

unless

it

’s

to

stop

them

coming

to

harm

stop

life

sustaining

medical

treatment

take

advantage

of

the

person

’s

situation

for

example

abuse

them

or

profit

from

a

decision

you

’ve

taken

on

their

behalf

make

a

will

for

the

person

or

change

their

existing

will

make

gifts

unless

the

court

order

says

you

can

hold

any

money

or

property

in

your

own

name

on

the

person

’s

behalf

Property

and

affairs

deputies

You

must

make

sure

your

own

property

and

money

is

separate

from

the

other

person

’s

you

keep

records

of

the

finances

you

manage

on

their

behalf

in

your

annual

report

You

may

need

to

manage

a

Court

Funds

Office

account

on

the

other

person

’s

behalf

You

could

be

fined

or

sent

to

prison

for

up

to

years

or

both

if

you

mistreat

or

neglect

the

person

on

purpose

Apply

to

be

a

deputy

You

need

to

download

and

fill

in

all

of

the

following

an

application

form

you

’ll

need

to

send

the

original

form

plus

a

copy

when

you

apply

an

assessment

of

capacity

form

a

deputy

’s

declaration

You

also

need

to

download

and

fill

in

a

supporting

information

form

if

you

’re

applying

to

be

a

property

and

affairs

deputy

a

supporting

information

form

if

you

’re

applying

to

be

a

personal

welfare

deputy

You

must

name

at

least

people

in

your

application

who

know

the

person

you

’re

applying

to

be

deputy

for

For

example

their

relatives

a

social

worker

or

doctor

The

court

may

not

accept

your

application

if

you

do

not

send

the

assessment

of

capacity

form

If

you

can

not

get

an

assessment

you

must

download

and

fill

in

a

witness

statement

to

explain

why

you

think

the

person

you

’re

applying

about

lacks

capacity

You

should

keep

a

copy

of

every

form

you

fill

in

Where

to

send

your

forms

Send

the

forms

including

copies

of

the

application

form

to

the

Court

of

Protection

with

a

cheque

for

the

application

fee

Tell

people

named

in

your

application

The

court

will

aim

to

send

you

a

stamped

copy

of

your

application

within

a

week

of

receiving

it

This

means

your

application

is

being

considered

it

has

been

issued

You

’ll

be

sent

a

letter

explaining

what

to

do

next

Within

days

of

the

application

being

issued

you

must

tell

sometimes

called

serving

the

following

people

the

person

you

’re

applying

to

be

a

deputy

for

at

least

people

named

in

your

application

as

having

an

interest

for

example

the

person

’s

relatives

social

worker

or

doctor

If

you

can

not

tell

people

you

should

send

in

a

witness

statement

Tell

the

person

you

’re

applying

to

be

a

deputy

for

You

or

your

representative

must

visit

the

person

and

tell

them

who

’s

applying

to

be

their

deputy

that

their

ability

to

make

decisions

is

being

questioned

what

having

a

deputy

would

mean

for

them

where

to

get

advice

if

they

want

to

discuss

the

application

During

the

visit

give

them

a

completed

proceedings

notification

form

use

the

guidance

notes

to

fill

this

in

yourself

an

acknowledgment

form

they

’ll

need

to

complete

this

if

they

want

to

give

their

opinion

on

the

application

or

provide

evidence

for

or

against

it

any

other

documents

related

to

your

application

Tell

people

connected

to

your

application

You

must

tell

people

named

on

your

application

that

it

has

been

issued

Send

them

a

notice

that

an

application

form

has

been

issued

an

acknowledgment

form

they

’ll

need

to

complete

this

if

they

want

to

give

their

opinion

on

the

application

or

provide

evidence

for

or

against

it

any

other

documents

related

to

your

application

You

can

tell

them

by

post

to

their

home

address

by

fax

or

email

in

person

Confirming

that

you

’ve

told

people

served

notice

Within

days

of

serving

the

documents

you

must

download

and

fill

in

the

relevant

forms

sometimes

called

certificates

of

service

confirming

you

’ve

told

the

person

you

’re

applying

to

be

deputy

for

other

people

named

in

the

application

Send

them

all

together

to

the

Court

of

Protection

Fees

You

must

pay

a

fee

to

apply

to

be

a

deputy

a

supervision

fee

every

year

after

you

’ve

been

appointed

You

may

also

have

to

pay

to

set

up

a

security

bond

before

you

can

be

appointed

as

a

property

and

affairs

deputy

When

you

apply

You

must

pay

a

application

fee

Send

this

with

your

application

form

You

need

to

pay

the

application

fee

twice

if

you

’re

applying

to

become

both

types

of

deputy

You

’ll

also

need

to

pay

if

the

court

decides

your

case

needs

a

hearing

The

court

will

tell

you

when

you

need

to

pay

this

Make

all

cheques

payable

to

HM

Courts

and

Tribunals

Service

Security

bonds

for

property

and

affairs

deputies

You

may

have

to

pay

to

set

up

a

security

bond

before

you

can

be

appointed

as

a

property

and

affairs

deputy

This

is

a

type

of

insurance

that

protects

the

finances

of

the

person

you

’re

a

deputy

for

You

do

not

have

to

set

up

a

bond

if

either

you

’re

representing

a

local

authority

the

court

decides

it

’s

not

necessary

for

example

if

the

person

’s

estate

has

a

low

value

If

you

need

to

set

one

up

you

’ll

get

a

letter

from

the

court

telling

you

this

The

letter

will

explain

what

to

do

next

You

set

up

the

bond

with

a

security

bond

provider

The

amount

you

pay

depends

on

the

value

of

the

estate

of

the

person

you

’re

a

deputy

for

how

much

of

their

estate

you

control

You

can

pay

it

either

using

the

person

’s

money

yourself

you

can

get

the

money

back

from

the

person

’s

estate

once

you

have

access

to

it

You

may

be

prosecuted

if

you

misuse

the

person

’s

money

After

you

’ve

been

appointed

You

must

pay

an

annual

supervision

fee

depending

on

what

level

of

supervision

your

deputyship

needs

You

’ll

pay

for

general

supervision

for

minimal

supervision

this

applies

to

some

property

and

affairs

deputies

managing

less

than

Your

annual

supervision

fee

is

due

on

March

for

the

previous

year

You

’ll

also

need

to

pay

a

assessment

fee

if

you

’re

a

new

deputy

The

Office

of

the

Public

Guardian

will

tell

you

how

and

when

to

pay

your

assessment

and

supervision

fees

You

may

be

able

to

claim

a

refund

of

your

fees

in

certain

situations

Getting

help

with

your

application

fee

You

may

not

have

to

pay

an

application

fee

depending

on

what

type

of

deputy

you

’re

applying

to

be

how

much

money

you

or

the

person

you

’re

applying

to

be

deputy

for

has

Type

of

deputy

Whose

finances

will

be

assessed

Property

and

financial

affairs

Theirs

Personal

welfare

Yours

The

guidance

has

information

about

getting

help

with

your

fees

You

can

claim

back

the

fee

from

the

funds

of

the

person

you

want

to

be

a

deputy

for

if

you

’re

applying

to

be

a

property

and

affairs

deputy

The

fee

will

be

refunded

if

the

person

dies

within

days

of

the

Court

of

Protection

receiving

the

application

Getting

help

with

your

supervision

fees

You

can

apply

for

an

exemption

or

reduction

of

the

fee

if

the

person

you

’re

a

deputy

for

gets

certain

benefits

or

has

an

income

below

Read

the

guidance

that

comes

with

the

form

and

apply

if

the

person

meets

the

requirements

The

address

is

on

the

form

If

the

person

you

’re

deputy

for

dies

you

pay

the

supervision

fee

for

the

part

of

the

year

when

you

acted

as

deputy

For

example

you

’ll

have

to

pay

if

your

minimal

supervision

deputyship

comes

to

an

end

after

months

After

you

've

applied

There

’s

a

day

wait

after

you

tell

the

other

people

involved

that

you

applied

in

case

they

object

The

Court

of

Protection

will

then

review

your

application

and

tell

you

if

your

application

’s

been

approved

or

rejected

you

need

to

set

up

a

security

bond

before

you

can

be

appointed

you

have

to

provide

more

information

to

support

your

application

for

example

a

report

from

social

services

it

’s

going

to

hold

a

hearing

to

get

more

information

for

example

if

someone

objected

There

’s

usually

no

hearing

if

you

applied

to

be

a

property

and

financial

affairs

deputy

Read

guidance

on

how

coronavirus

might

affect

your

hearing

and

what

you

should

bring

Tell

the

person

you

want

to

be

a

deputy

for

about

the

hearing

You

’ll

get

a

notice

with

the

date

of

the

hearing

if

the

court

decides

to

hold

one

You

must

visit

the

person

you

want

to

be

deputy

for

and

tell

them

about

it

within

days

of

getting

the

notice

at

least

days

before

the

date

of

the

hearing

Give

them

a

completed

notice

about

proceedings

Use

the

guidance

notes

to

fill

it

in

You

must

explain

that

they

can

contact

Court

of

Protection

staff

for

advice

and

assistance

When

you

’ve

told

them

send

a

certificate

of

service

to

the

Court

of

Protection

within

days

You

’ll

have

to

pay

a

fee

if

the

court

makes

a

final

decision

at

the

hearing

The

guidance

explains

what

to

expect

from

a

Court

of

Protection

hearing

When

you

're

appointed

You

’ll

be

sent

a

court

order

telling

you

what

you

can

and

can

not

do

as

a

deputy

When

you

have

this

you

can

start

acting

on

the

person

’s

behalf

You

’ll

be

sent

the

court

order

as

soon

as

you

’re

appointed

if

you

’re

a

personal

welfare

deputy

after

you

set

up

a

security

bond

if

you

’re

a

property

and

affairs

deputy

and

have

been

asked

to

do

this

by

the

court

You

’ll

need

a

separate

court

order

before

you

can

sell

a

property

that

’s

jointly

owned

if

you

’re

a

property

and

affairs

deputy

make

a

one

off

decision

on

anything

else

that

’s

not

covered

by

the

court

order

Check

the

court

order

If

there

are

any

mistakes

download

and

fill

in

form

with

the

details

and

send

it

to

the

court

within

days

of

receiving

the

court

order

There

is

no

fee

Tell

people

and

organisations

you

’re

a

deputy

You

’ll

get

official

copies

of

the

court

order

to

send

to

banks

and

building

societies

for

example

These

prove

you

’re

acting

on

behalf

of

the

other

person

When

you

send

out

an

official

copy

ask

for

it

to

be

returned

Order

extra

copies

of

the

court

order

by

writing

to

the

Court

of

Protection

They

cost

each

Start

managing

a

bank

account

Before

you

can

manage

an

account

you

must

show

the

bank

the

original

court

order

or

an

official

copy

of

it

proof

of

your

name

for

example

your

passport

or

driving

licence

proof

of

your

address

for

example

a

gas

electricity

or

council

tax

bill

or

letter

from

a

government

department

proof

of

the

name

or

address

of

the

person

you

’re

applying

to

be

deputy

for

if

they

’re

not

the

same

as

on

the

bank

account

Court

Funds

Office

accounts

If

the

person

you

’re

deputy

for

has

money

in

a

Court

Funds

Office

account

you

’ll

be

sent

information

about

how

to

access

it

You

can

also

apply

to

open

an

account

with

the

Court

Funds

Office

if

you

’re

a

property

and

affairs

deputy

and

it

’s

in

the

person

’s

best

interests

Record

your

decisions

and

transactions

You

can

start

your

annual

report

to

record

your

decisions

and

transactions

such

as

paying

bills

Supervision

support

and

visits

As

a

deputy

you

’ll

be

supervised

by

the

Office

of

the

Public

Guardian

OPG

They

’re

authorised

to

contact

you

or

visit

you

to

check

you

’re

being

an

effective

deputy

They

can

also

give

you

advice

and

support

How

you

’ll

be

supervised

New

deputies

get

a

general

level

of

supervision

for

their

first

year

After

that

if

you

’re

a

property

and

affairs

deputy

you

’ll

move

to

minimal

supervision

if

both

you

’re

managing

less

than

you

no

longer

need

a

general

level

of

supervision

You

’ll

pay

a

lower

fee

and

have

to

write

a

shorter

annual

report

than

deputies

with

general

supervision

Supervision

visits

You

may

be

visited

by

a

Court

of

Protection

visitor

to

check

if

you

understand

your

duties

have

the

right

level

of

support

from

OPG

are

carrying

out

your

duties

properly

are

being

investigated

because

of

a

complaint

The

visitor

will

call

you

to

arrange

the

visit

and

explain

why

they

’re

visiting

Contact

OPG

Tell

OPG

if

you

’re

planning

to

make

an

important

decision

for

example

you

want

to

sell

the

property

of

the

person

you

’re

deputy

for

so

they

can

move

into

a

care

home

Accounts

gifts

and

expenses

You

must

keep

accounts

and

follow

the

rules

for

gifts

and

expenses

if

you

’re

acting

as

deputy

for

someone

else

You

must

also

record

the

transactions

in

your

annual

report

Accounts

As

a

property

and

affairs

deputy

you

must

keep

copies

of

bank

statements

contracts

for

services

or

tradespeople

receipts

letters

and

emails

about

your

activities

as

a

deputy

Gifts

Your

court

order

will

say

if

you

can

buy

gifts

or

give

gifts

of

money

on

behalf

of

the

other

person

including

donations

to

charities

It

will

also

say

if

there

’s

an

annual

limit

on

how

much

money

you

can

use

for

gifts

Gifts

must

be

reasonable

You

need

to

make

sure

any

gifts

do

not

reduce

the

level

of

care

the

person

you

’re

deputy

for

can

afford

You

must

apply

to

the

Court

of

Protection

if

you

want

to

make

a

one

off

large

gift

for

Inheritance

Tax

purposes

for

example

Expenses

You

can

claim

expenses

for

things

you

must

do

to

carry

out

your

role

as

deputy

for

example

phone

calls

postage

and

travel

costs

You

can

not

claim

travel

costs

for

social

visits

for

the

time

spent

carrying

out

your

duties

unless

you

’re

a

professional

deputy

for

example

a

solicitor

You

may

be

asked

to

give

a

detailed

report

of

what

you

spent

You

’ll

have

to

pay

the

money

back

if

the

Office

of

the

Public

Guardian

finds

your

expenses

are

unreasonable

They

may

ask

the

court

to

stop

you

being

a

deputy

if

they

think

you

’ve

been

dishonest

Complete

your

deputy

report

You

must

write

a

report

each

year

explaining

the

decisions

you

’ve

made

as

a

deputy

You

might

be

asked

to

do

this

more

often

if

the

Office

of

the

Public

Guardian

OPG

needs

additional

information

You

may

also

need

to

write

a

final

report

if

you

stop

being

a

deputy

If

you

’re

a

public

authority

or

professional

deputy

using

the

service

for

the

first

time

you

need

to

contact

your

case

manager

to

register

first

If

you

’re

a

deputy

for

a

friend

or

family

member

you

can

create

an

account

online

Start

now

Or

you

can

download

and

fill

in

a

paper

annual

report

form

The

address

you

need

to

send

it

to

is

on

the

form

What

to

include

Your

report

must

include

the

reasons

for

your

decisions

and

why

they

were

in

the

best

interests

of

the

person

you

’re

deputy

for

who

you

spoke

to

and

why

what

they

said

was

in

the

person

’s

best

interests

the

finances

of

the

person

if

you

’re

their

property

and

financial

deputy

The

OPG

will

tell

you

when

it

’s

time

to

send

it

If

you

do

not

send

the

report

the

OPG

might

increase

your

level

of

supervision

ask

the

court

to

replace

you

with

a

different

deputy

Change

your

deputyship

or

make

a

one

off

decision

You

must

apply

to

the

Court

of

Protection

if

you

have

to

renew

your

deputyship

change

your

deputyship

for

example

make

decisions

that

are

not

in

the

original

order

make

a

one

off

decision

on

something

not

covered

by

your

court

order

How

to

apply

Download

and

fill

in

both

an

application

form

COP

a

witness

statement

form

with

a

copy

of

the

current

order

appointing

you

as

a

deputy

attached

Your

witness

statement

should

include

the

total

annual

income

of

the

person

you

’re

a

deputy

for

including

pensions

a

summary

of

their

assets

for

example

bank

balances

savings

investments

details

of

property

they

own

the

annual

cost

of

their

care

and

other

regular

items

of

major

expenditure

the

value

of

the

security

bond

set

by

the

court

a

description

of

the

circumstances

that

have

led

to

the

application

being

made

Send

the

Court

of

Protection

the

completed

forms

a

cheque

for

the

application

fee

payable

to

HM

Courts

and

Tribunals

Service

You

can

apply

for

help

paying

the

fee

if

you

’re

getting

certain

benefits

or

on

a

low

income

If

you

need

help

with

changing

your

deputyship

call

the

Court

of

Protection

What

happens

next

You

may

have

to

notify

other

people

about

the

change

to

the

court

order

if

the

court

tells

you

to

They

can

object

or

ask

the

court

to

reconsider

any

proposed

changes

they

do

not

agree

with

They

can

do

this

before

the

court

order

is

issued

up

to

days

after

the

court

order

is

issued

End

your

deputyship

If

you

no

longer

want

or

need

to

be

a

deputy

download

and

fill

in

the

application

notice

and

send

it

to

the

Court

of

Protection

If

the

person

has

recovered

mental

capacity

download

and

fill

in

form

COP

Send

it

to

the

Court

of

Protection

with

any

supporting

evidence

for

example

a

doctor

’s

letter

You

can

not

stop

being

a

deputy

until

you

’ve

got

the

relevant

court

order

If

the

person

you

’re

deputy

for

dies

Contact

the

Office

of

the

Public

Guardian

OPG

and

the

Court

of

Protection

to

tell

them

that

the

person

has

died

You

’ll

also

have

to

send

evidence

to

OPG

that

the

person

has

died

for

example

a

death

certificate

Check

the

full

list

of

evidence

that

OPG

accepts

Your

security

bond

will

remain

in

force

for

years

after

the

death

of

the

person

you

’re

a

deputy

for

unless

there

’s

a

court

order

cancelling

it

Contact

the

Court

Funds

Office

if

the

person

you

were

deputy

for

had

an

account

with

them

Read

more

about

how

to

be

a

deputy