Perspectives 2025: A Conversation with Stacey Bryant on the Court of Protection sector
In this exclusive interview, Stacey Bryant, a seasoned expert in the Court of Protection sector, and Dan Stevens, commercial banker at Arbuthnot Latham, discuss what lies ahead for 2025.
The Court of Protection (CoP) sector stands at a crossroads in 2025, navigating complex challenges brought on by legal developments, increasing financial pressures, and resource constraints. Against this backdrop, the sector's ability to adapt and prioritise client care has never been more critical.
In conversation with Dan Stevens, Arbuthnot Latham’s resident expert, Stacey Bryant, co-founder of Apricity Law, a Devon-based firm specialising in Court of Protection with over 30 years of legal experience and 13 years exclusively focused on CoP matters, shares her thoughts on how firms are adapting to regulatory changes, the role of collaboration with financial partners, and the importance of putting protected parties at the heart of decision-making.
Stacey Bryant is the co-founder of Apricity Law and focuses on Court of Protection matters.
Legal rulings creating complexity
Two key legal rulings, Lumb v NHS and PW (2), dominate current discussions within the sector. Stacey explains how these rulings are changing the landscape for deputies and impacting their ability to deliver for protected parties.
“The Lumb ruling challenges deputies’ authority to manage statutory funding without seeking additional court permissions,” Stacey notes. “For firms employing care teams, this will potentially introduce an additional layer of complexity which the deputy will need to carefully navigate to ensure any care arrangements are not jeopardised.”
Meanwhile, the PW (2) ruling focuses on conflicts of interest, mainly where firms provide deputyship and in-house financial advice. “Whilst the decision on PW2 has yet to be handed down, we do know that deputies will need to be increasingly alert to any situations which may give rise to a potential conflict of interest and that will include those firms providing both deputyship and in-house financial advice. As a result, there will undoubtedly be a number of clients where careful consideration will be required as to whether there is a need to change deputy or financial advisor to avoid any continuing conflict. Those firms will need to work closely with the client to ensure their best interests remain at the forefront of any decisions made,” Stacey adds.
Both rulings highlight the need for firms to prioritise transparency and adapt quickly to ensure compliance while minimising the impact on protected parties.
Collaboration with financial partners
According to Stacey, one of the most important tools for navigating these challenges is collaboration – particularly with trusted financial partners. Working with banks that understand the complexities of the CoP sector can make a significant difference.
Stacey highlights the value of collaborating with Arbuthnot Latham, particularly Dan Stevens, who leads the bank's commercial banking efforts for the sector. “Having someone like Dan, who truly understands the nuances of the CoP sector, is invaluable,” Stacey says. “It’s not just about offering the right products; it’s about working with people who understand the challenges we face as deputies and can offer practical solutions.”
This collaboration becomes even more crucial when dealing with issues like managing cash flow, navigating court delays, and ensuring that statutory funding is handled appropriately.
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Recruitment and resourcing challenges
One of the most pressing issues facing the CoP sector in 2025 is recruitment. Stacey explains that finding qualified professionals in this niche area is increasingly difficult. “The pool of experienced deputies and legal experts is small, and firms face rising competition to attract and retain talent.”
This challenge is exacerbated by delays in court processes, particularly around fee approvals, which can stretch firms’ resources.
“Court delays of over a year in fee approvals create financial strain for firms, particularly smaller ones, who are already operating on limited margins.”
To overcome these resourcing challenges, Stacey emphasises the need for firms to adopt innovative solutions and prioritise efficient resource allocation. “Firms that focus on streamlining processes and offering targeted training for their teams will be better positioned to address these pressures.”
The human element in a changing landscape
Despite the current complexities, Stacey remains optimistic about the resilience of the sector and its professionals. “This is a sector that’s deeply personal,” she reflects. “At the end of the day, everything we do is about improving the lives of protected parties. That focus keeps us grounded, even as we adapt to regulatory and financial challenges.”
She points out that large and small firms are finding ways to innovate, from improving internal processes to investing in team training.
“The passion of professionals in this space is clear – it’s what drives progress and ensures that we never lose sight of who we’re here to support.”
Looking ahead
As 2025 unfolds, the CoP sector must balance navigating new regulatory challenges, adapting to financial pressures, and prioritising the needs of protected parties. Collaboration, innovation, and a commitment to transparency will be key to ensuring the sector thrives.
“Undoubtedly, 2025 will be a challenging year,” Stacey concludes. “But it’s also an opportunity to evolve, strengthen relationships with protected parties, and build a more resilient sector for the future.”
Perspectives 2025
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