One of the parts of Deputy Day that always has very positive feedback are our breakout rooms. Geared towards support and collaboration, it has always been our intention to create a space that affords Deputies the chance to talk about common observations and share their experiences. This also speaks to our value set, as we encourage everyone to respect opinions, experiences, and observations.
This year’s breakout rooms proved as popular as previous years, and whilst we provided the prompts, our delegates did the talking. Reflecting on the discussions where the different facets of the vulnerability of P were considered has proven illuminating; we asked our attendees to consider both experiences in handling suspected predatory marriage (particularly in the context of Mundell v Name 1) and managing known drug use and making drugs available.
Observations on the former provided, for example, distressing stories of older individuals being taking to ATMs by younger partners and being encouraged to withdraw the maximum amount of money they were able to, on a regular basis. Suggestions on how Deputies can protect P from predatory marriages included considering pre-nuptial agreements and codicils and reminded us all of the importance of collegiate working with solicitors in Family departments when it comes to protecting P at their most vulnerable*.
The discussion on making funds available to drug using clients garnered even more anecdotes. Deputies reflected on how sad and distressing these cases can be. The observations identified that although Deputies have a duty to protect P, they also need to be giving them balance and space. Working together with case managers to ensure this protection becomes of utmost importance and discussions were weighted around different approaches to how funds can be made available.
Some Deputies suggested they provide funds as daily standing orders to then be clear with P that, if they get in touch if funds run out, that they will have more money tomorrow, where others have real struggles with particular individuals as they know any money given will just go on drugs, no matter when funds are made available. In one case, the decision has been made to provide funds on a Monday, Wednesday, and Friday, however the Deputy still receives phone calls from P on Tuesdays and Thursdays citing that they’re out of money. This, of course, is where a case worker can support and be present to check things like whether P has food in the fridge. It was sadly observed that here, as in other cases, there is no perfect solution and the best we can do is to work to balance it and still aim to give P independence.
Peer support should be a key component in every lawyer’s war chest; spending time connecting with peers to share experience gives everyone an opportunity to learn, grow and ultimately flourish. However, the reality is that this can fall by the wayside on a day-to-day basis as we tend to supporting clients and triaging caseloads. For us, breakout rooms are way of working to support our industry and restore that balance. They remind us about the value of respecting our peers and cherishing each other’s input.
These discussions on those different facets of P’s vulnerability, as well as issues around gratuitous care payments, and statutory funding of care, and the challenges of approaching time recording from the breakout rooms give all concerned some valuable insight into how their fellow Deputies tackle common issues. And of course, they have also provided inspiration for how we at Frenkel Topping can support Deputies with extra advice and bespoke training where needed!
As always there wasn’t enough time to cover all of the discussion questions set. With such a packed programme it’s hard to know what to leave out – maybe we could get some local discussion groups going over a glass or two after work?
If you or your colleagues wish to dig into any of the topics we’ve covered further with us, please get in touch via contactus@frenkeltopping.co.uk.
*Frenkel Topping already offers training on pre- and post-nuptial agreements for catastrophically injured clients. You can access a video recording of the training via our Knowledge Hub website or contact us to arrange in person, bespoke training.
