Please note, we are no longer issuing new bonds. Please contact our customer service team if you would like to speak to us about an existing bond.
Frequently Asked Questions
I would like advice about my role as a Deputy. Can Howden help me?
Howden Insurance Brokers Limited (“Howden”) are not permitted to provide advice on your role as a Deputy.
If you would like to understand more about your role as a Deputy, the UK Government website contains information on Deputy Bonds, also known as ‘security bonds’. There is information available to help you understand who can apply to be a Deputy, your responsibilities, fees, supervision by the Office of the Public Guardian, Deputy reports and changing/ending your deputyship on the website.
You can also contact the Office of the Public Guardian via:
Website:
Office of the Public Guardian Contact Details
- Email: customerservices@publicguardian.gov.uk
- Telephone: 0300 456 0300
- Textphone: 0115 934 2778
- Opening times: Monday, Tuesday, Thursday, Friday, 9.30am to 5pm, Wednesday, 10am to 5pm.
- Post: Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH
Who is the Office of The Public Guardian (OPG)?
Deputies are supervised by The Office of The Public Guardian (“OPG”) to check they are carrying out their deputyship duties in line with the Mental Capacity Act 2005.
The OPG also provides support and advice to Deputies.
If there is a change in circumstances, Deputies will be required to contact the OPG directly using the Court of Protection (“Court”) reference shown on the order as reference.
Please note that Howden does not have any authority to represent the Court of Protection or the Office of the Public Guardian.
What is a Deputy Bond and why is it required?
Deputies appointed by the Court to manage the property and financial affairs of the patient (“P”) are required to provide and maintain security by way of a surety bond for the duration of the deputyship in accordance with The Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (the “Public Guardian Regulations”). This surety bond is called a Deputy Bond.
The purpose of the Deputy Bond is to safeguard the assets of P and to effectively promise to pay back a financial loss to P’s estate should Deputies fail to perform their deputyship duties ordered by the Court. The order giving the authority to act as Deputies will not be released until the Court and the OPG are satisfied that appropriate security is in place.The purpose of the Deputy Bond is to safeguard the assets of P and to effectively promise to pay back a financial loss to P’s estate should Deputies fail to perform their deputyship duties ordered by the Court. The order giving the authority to act as Deputies will not be released until the Court and the OPG are satisfied that appropriate security is in place.
Will the Deputy Bond provide any financial protection for the Deputy? What happens if the Deputy Bond is called by the Court?
In simple terms, the Deputy Bond is only to protect “P”, the person who the Deputy is making decisions for. If the Court orders a payout from the Deputy Bond by the surety company HCC International Insurance Company plc (trading as Tokio Marine HCC) (“HCC”) due to a Deputy’s failure to perform or carry out duties, HCC will ask the Deputy to reimburse them for the amount paid out.
If there are multiple Deputies appointed by the Court, each one is responsible for the actions of all others.
Who sets the security value of the Deputy Bond?
The security value is set by the Court and not Howden. The level of security provided under the deputy
This means if there is a payout from the Bond by HCC due to the actions of one Deputy, HCC can claim up to the full amount owed from any of the Deputies – each Deputy would be liable for up to the whole amount. Legally this is referred to as a ‘joint and several basis’.
It's important to note that Howden acts as a broker and not as the issuer of the Deputy Bond. HCC is the company that provides the Bond, and Howden acts on their behalf under a contract called a Delegated Authority Agreement.
All Deputies are liable to reimburse HCC for any loss and costs incurred by HCC should the OPG enforce the Bond as directed by the Court. In the event of loss under the Deputy Bond, HCC will take such action as appropriate against Deputies to recover their loss. If there are multiple Deputies appointed under the Deputyship, each Deputy is liable for the actions of all the other Deputies on a joint and several basis.
Is a Deputy Bond a type of insurance?
Legally, Deputy Bonds are regulated as insurance products, but they are not considered insurance under common law. Instead, a Deputy Bond is a contract of guarantee. This means that if a claim is made against the surety company for a Deputy Bond, the surety company can seek reimbursement for its losses from the Deputy. In this case, the surety company is HCC.
Importantly, this means that in the event that a claim is made against a surety company in respect of a Deputy Bond, that insurance company will be able to seek reimbursement for its losses from that Deputy.
Who sets the security value of the Deputy Bond?
The security value is set by the Court for P’s assets. The Deputy Bond must match the amount set out by the Order of the Court.
The security value is not set by Howden.
How much does a Deputy Bond cost?
The Deputy Bond cost depends on the Bond value set by the Court. The amount you pay depends on the value of P’s estate and how much of P’s estate you control.
Please see the separate ‘Premium Facts’ document which explains the premium due and payment terms for our Deputy Bonds in more detail.
Can Deputies select an alternative Bond Value for a Deputy Bond?
No, Deputies cannot choose a different Bond Value because it is decided by the Court. It is not set by Howden. If Deputies try to select a different Bond Value amount, the Court will reject the Bond. This could cause delays in obtaining the necessary order for Deputies to carry out their duties.
If Deputies disagree with the security value set by the Court, they should contact the Court directly at 0300 456 4600. Please remember that Howden is a separate private entity from the Court and the OPG. We don't have access to any files, records, or information held by these organisations.
How can I purchase a Deputy Bond?
You can buy a Deputy Bond online on our website, over the phone, or by requesting a postal form from our customer service team.
Online: The fastest, easiest and safest way to obtain a Deputy Bond is to simply go to www.howdendeputybonds.co.uk. The website is available 24 hours every day and only takes a few minutes to complete the application. Please ensure all appointed Deputies are included on the application.
Telephone Application: If you prefer to purchase your Deputy Bond over the telephone, please call our Customer Services Team on 0121 516 7690. Our office hours are 9am to 5pm Monday to Friday. Please ensure sure you have enough time available as the process can take up to 15 minutes to complete. Once payment is confirmed, your Deputy Bond will be issued immediately.
Request a postal form: Simply contact our Customer Services Team on 0121 516 7690 and we will send an application pack to complete and return by post. Subject to the application being approved, we’ll reach out to you to discuss payment options that suit you best.
Please note that if you choose to pay by cheque, the payment must be cleared by our bank before we can issue you a Deputy Bond. This typically takes 5 to 7 days from the date of receipt. Alternatively, if you prefer to pay by card, our team can promptly give you a call to facilitate a secure card payment over the phone.
When is the Court notified that a Deputy Bond is in place?
Once the Deputy Bond has been issued, we will inform the Court and the OPG within 2 working days that the Deputy Bond has been issued. This will enable the Court to confirm the Deputy’s appointment and arrange for the issuance of any appropriate orders.
Why am I required to pay the initial premium and the first anniversary premium within 12 months of each other?
When you apply for the Deputy Bond, you pay an initial premium. Then, every year on the anniversary of when the Court appointed you as Deputy, you pay another premium. Sometimes, there's a delay between becoming a Deputy and being told to get the Deputy Bond. So, even though you paid your first premium earlier, your first anniversary premium might still be due within a year of applying for the Deputy Bond. After that, you pay anniversary premiums every year.
This doesn’t apply to a Bond ‘for life’ because the premium payment is a one-time payment.
Please see the separate ‘Premium Facts’ document which explains the premium due and payment terms for our Deputy Bonds in more detail. We also have a premium calculator tool available our website: www.howdendeputybonds.co.uk
Can Deputies change the Bond Value?
If a Deputy wants to change the Bond Value, they need to request approval from the Court. They must submit an application with the appropriate fee to the Court. The Court will review the application, decide on a new amount, and issue an order with the revised security amount. We recommend that Deputies contact the Court directly for additional assistance and guidance regarding this matter.
Can a Deputy Bond be transferred to Howden?
If you already have a Deputy Bond under the current Deputyship and its anniversary is due within the next 30 days, you have the option to transfer it to us. To do, simply provide us with the name of the current Bond insurer reference number and anniversary/payment date. We’ll handle the rest.
Once we receive this information, we will notify the Court and the OPG of the new Deputy Bond about the transfer of an existing Bond to us. OPG will then instruct the previous Bond provider to cancel that, Deputy Bond.
How long does the Deputy Bond last?
The Deputy Bond lasts for as long as you're appointed as a Deputy by the Court. You need to keep the Bond active and pay the premiums as long as you're a Deputy.
If there are multiple Deputies, they all need be covered by the Deputy Bond to make decisions on behalf of P.
What happens if another person has been appointed as Deputy and needs to be added to Bond?
If another person becomes a Deputy and needs to be added to the Bond, just email or post us a copy of the Court order appointing them and their contact details. We'll handle everything else. Our team will then contact the new Deputy within 2 working days to get their approval for the necessary checks, including a General Financial Soundness check. It's important to send us this information promptly to keep the process running smoothly.
What is a General Financial Soundness Check?
The General Financial Soundness check is a process where we look at public records to check if there are any legal issues related to money for the Deputies. This includes things like County Court judgements (CCJ), bankruptcy, debt relief orders or individual voluntary arrangements.
We use TransUnion to do this search and a record of the search will be recorded against your public data credit file, but it won’t impact your credit score. Howden share the results with the Court, OPG, the Bond provider HCC and we may retain data on file for record keeping purposes.
Will the results of any General Financial Soundness check be disclosed to any other parties?
Yes. We have an obligation perform a General Financial Soundness check of all Deputies as part of our role as an Appointed Provider for Deputy Bonds. We also have an obligation to tell the Court, the Office of the Public Guardian, the Bond provider HCC, and all the other Deputies if there are any issues found during the financial check.
Why has my Deputy Bond application has been referred following a ‘General Financial Soundness’ check?
This can happen for several reasons. Sometimes, we can't confirm the identity or credit information of the Deputies. When this happens, we'll review the application and try to reach you by telephone or email within two working days to sort it out.
Can the Deputy Bond be cancelled?
Only the Court has the authority to cancel a Deputy Bond. If the Court cancels the Bond, no premium refund will be provided.
What happens if the Court increases or reduces the Bond Value?
Only the Court can decide the value of the Bond, not us. If the Court makes a change, it updates the Deputy Bond automatically with a Court order. Deputies will get notified directly by the Court about any changes and receive an updated Bond document from us. The premium terms will apply to the increased or decreased Bond Value with effect from the date of change.
For more details on premium payments and terms, please check the separate ‘Premium Facts’ document. Starting from the next anniversary premium, your amount may be different because of the Bond premium will be recalculated based on the new Bond value.
This applies to all Bonds except £21,000 Bonds designated 'for life'.
Can a £21,000 ‘Bond for Life’ have the security value changed?
No, it cannot. A £21,000 Deputy Bond (or ‘Bond for Life’ as it is known) cannot be changed. If the Court makes a change to the level of security, Deputies will need to purchase a new Deputy Bond at the new security value.
Once the new Bond is confirmed, the £21,000 Bond will be terminated. It's important to note that there are no premium refunds if the Bond is terminated early or replaced.
What are my anniversary payments?
If you have a 'Bond for Life,' you'll make a one-time payment.
For all other Deputy Bonds, you'll pay an initial premium on the issuance of your bond and then yearly premiums on the anniversary of the date of your appointment as Deputy. The yearly payment should stay the same, unless the Court changes the security, which will affect the premium.
For more details on premium payments and terms, check out our 'Premium Facts' document. You can also use our premium calculator tool on our website: www.howdendeputybonds.co.uk
When will Howden contact Deputies about future anniversary payments?
If you arranged the Deputy Bond online, we’ll email you 21 days before the anniversary of the date the Court appointed Deputies (not the purchase date of the Bond). This email will confirm the upcoming anniversary premium that needs to be paid.
To ensure you receive our emails safely, add customerservices@howdendeputybonds.co.uk to your ‘Safe Senders List’ in your email account.
If you applied for the Deputy Bond by post or phone and provided an email address, we’ll contact you by email. If you didn't provide an email, we'll send a letter to the primary contact listed on your application form.
If your contact details change, please let our customer helpline know so we can update our records.
Need to contact Howden Deputy Bonds Team for help?
We are here to help. Deputies can reach our dedicated customer helpline on 0121 516 7690 or email us at customerservices@howdendeputybonds.co.uk. Our office hours are 9am to 5pm, Monday to Friday.
What happens if “P” dies? Do I get a refund?
Unfortunately, if “P” passes away, there won't be a refund of any premium if the Bond ends early. The Bond will remain in force for 2 years after the death of “P” unless the Court issues a court order cancelling it. After this time, the Bond will be ended according to regulation 37 of the Public Guardian Regulations.
You won't have to make any more premium payments after this period. Just keep in mind that if there are any unpaid anniversary premiums, they'll still need to be settled promptly.
To save you from receiving unnecessary reminders about future payments, we kindly request that you send us a copy of the death certificate. You can email it to customerservices@howdendeputybonds.co.uk or send it by post. Don't forget to include the Bond reference number and the Court’s reference on all correspondence.
For more detailed information about what happens to premiums in the event of P's passing, please refer to the 'Premium Facts' document.
What happens if a Deputy dies?
If a Deputy passes away, please notify Howden and provide a copy of the death certificate to us via email at customerservices@howdendeputybonds.co.uk or by mail so that we can update our records. Remember to include the Bond reference number and the Court’s reference on all correspondence.
Sole Deputy: The Deputy Bond remains active for 7 years from the date of death, as stated on the Bond. After this period, it will be ended, following regulation 37 of the Public Guardian Regulations. In the event a new Deputy is appointed, a new Deputy Bond will be necessary.
Joint Deputies: If the Deputyship involves multiple Deputies, it’s possible that a new Deputyship application and a new Deputy Bond will be necessary. Please contact the OPG directly for guidance in the first instance. In any case, no refund of premium will be issued for the previous Deputy Bond.
Additionally, if there are any outstanding anniversary premiums that have not been paid, arrangements will need to be made to settle these immediately.
What if a Deputy is discharged from Deputyship?
If a Deputy is discharged from Deputyship, please provide us with a copy of the order issued by the Court. Remember to include the Bond reference number and the Court’s reference on all correspondence. We will then arrange to discharge the Bond in accordance with the events and timescales outlined under section 2 of the Bond and regulation 37 of the Public Guardian Regulations. Please note that no refund of premium will be issued for the Deputy Bond.
Sole Deputy: The Deputy Bond remains active for 7 years from the date of discharge (unless otherwise stated in the relevant Court order), as stated on the Bond. After this period, it will be ended, following regulation 37 of the Public Guardian Regulations. In the event a new Deputy is appointed, a new Deputy Bond will be necessary.
Joint Deputies: If the Deputyship involves multiple Deputies, the relevant Court order may require that a new Deputyship application is necessary, in which case a new Deputy Bond will be necessary. Please contact the OPG directly for guidance in the first instance.
Additionally, if there are any outstanding anniversary premiums that have not been paid, arrangements will need to be made to settle these immediately.
What if Deputies no longer wish continue with Deputyship?
If Deputies no longer wish to continue with Deputyship, they must submit an application with the appropriate fee directly to the Court to request discharge from Deputyship.
According to the Court order, the Bond must be maintained and premiums paid for the duration of the Deputyship until Deputies have been officially discharged by the Court through an order.
Change in circumstances
If a Deputy's circumstances change, they must inform the OPG. Deputies should contact the OPG directly using the Court’s reference provided on the orders.
To ensure our records are up to date, we kindly ask Deputies to also notify Howden’s Customer Services Team immediately in the following situations:
- Death of P
- Death of Deputies
- Discharge of Deputies/Deputyship
- Suspension/Revocation of Deputyship
- Change of Name(s)
- Change of Address(s)
- Change of Telephone Number(s)
- Change of Email address(s)
My Deputy Bond has been purchased but the Deputies have not received an official Court order?
If you've purchased the Deputy Bond but haven't received the official Court order yet, please reach out to the Court directly at 0300 456 4600. Remember, Howden is separate from the Court and doesn't have access to their files. It's crucial to stay in touch with the Court about getting the order.
What is Howden’s Complaints Procedure?
Howden Insurance Brokers Limited is committed to providing the highest level of service to our clients. If you are dissatisfied with any aspect of our service, we aim to address your concerns promptly.
For detailed information and guidance on our Complaint Procedure, please visit www.howdengroup.com/uk-en/complaints-procedure
Can information be shared between parties involved in the Deputy Bond process?
Yes, information exchange is required between the surety Bond provider (HCC), the Court, and the OPG. This includes details about each Deputy and the outcomes of any financial checks. It's part of the standard procedure.
Similarly, joint Deputies may also share information among themselves, including details of each Deputy and general financial soundness check results.