Written evidence submitted by Mr Vincent Trussell (PRO0020)

I work as part of the FACT Team (Financial Assessment and Charging Team) For Derbyshire County Council Adult Social Care. Our clientele both those who receive care in the community or within a residential setting are some of the most vulnerable within the community. As we have a duty both to ensure those who meet the eligibility criteria receive the funding and care require, but also at the same time to ensure public monies is used efficiently. Which includes the reimbursement of care contributions. During a current period where our Local Authority is well known to have a significant projected budget debt. Probate cases and clients do currently cover a significant of monies owed to our LA.

Submission of Evidence

Capacity, Resources and Delays

• Prior to Covid the average time for a Probate Case would be around 4 months, with 6 months being at the longest wait
• Since Covid and beyond, the average time seems to be around a year, and information being provided to NOK’s and EXORS’s by solicitors is to expect an 8-12 month wait for any probate to be completed
• We would wish to know the national average? As well as what the longest probate application has been to complete
• The impact for our organisation is we are stuck with large debts that we are unable to collect due to the delays, which during a budget crisis has a detrimental impact on the services we provide.
• As an example of the debts, we are talking about, I am just one worker and the current probate cases amounts to a debt of around £225.722.85, The FACT Team that I work on which covers just two areas of Derbyshire (Amber Valley and Derbyshire Dales) This debt increases to £1,478.779.26. As of today (05/12/2023) The total is around £4,713,523.26

Performance Measurement and data

• Regular review of debts held by Local Authorities that are waiting on Probate being processed
• Review or a target of what the average time should be for the probate process to be completed 

Technological change and innovation

• I in four years of doing this job have never known of anyone to use an online portal to complete the probate process or start a probate application
• Signpost this option more publicly
• Ensure that Local Authorities know of the portal and where to sign post NOK and EXORS

People’s experience of probate

• We have had cases where the solicitors working on the probate application have forgotten to send the application, that lost in files etc. So maybe set guidance and guidelines for legal professionals to follow if not already in place

Fees and thresholds

• N/A

Conclusion

As stated with the current Probate debt we have of just shy of £5 Million that the delay in probate is having a massive detrimental effect on Local Authorities.

December 2023