RedressRemoval of deputy:redress, andApplications:property and affairs casesRemoval of deputy:redress, andApplications:property and affairs casesRemoval of deputy:redress, andApplications:property and affairs cases
7.117As mentioned earlier in this chapter, every deputy (with the exception of a local authority deputy) must purchase a security bond, which is in effect an insurance against them causing financial loss to P. If the court removes a deputy in circumstances in which their actions have caused loss to P, then it is possible to recover those funds for P, up to the value of the relevant security bond if the court orders it.
7.118It may be possible to make an application for a security bond to be called in within the course of the proceedings to remove the deputy. If there is insufficient information at the time of the removal proceedings about the full scale of P’s financial loss, a later application can be brought by the new deputy on behalf of P.
7.119If P has suffered financial loss through the actions of their attorney or if this loss caused by his deputy exceeds the value of the security bond, the only remedy open is for the new deputy acting on behalf of P is to take civil action against the former attorney or deputy personally. Before considering this step (which would require the endorsement of the Court of Protection) the deputy would need to be sure that the removed attorney or deputy had sufficient resources to meet any liability.