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18/09/2010
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Court Funds Office

Please Note:

Any requests for payment of monies for the benefit of the child before their 18th birthday, or for the person who lacks capacity at any stage, must be made directly to the local Court responsible for administering the fund, the address for which you can find on the HMCS website.

CFO's role is to administer funds paid into court, we can only act upon courts instructions, and in line with our agreed and set investment framework.

The Court Funds Office (CFO) provides a banking and administration service for the civil courts throughout England and Wales, including the High Court. We account for money being paid into and out of court and, as directed by the court, look after any investments made with that money. The Accountant General of the Senior Courts is responsible for the proper control of all money paid into court.  Our clients are people who have money ‘held in court’. These can be:

Our work is governed by the Administration of Justice Act (AJA) and Court Funds Rules, which gives us the authority to accept and hold payments into court until we are instructed to pay them out.

Mental Capacity Act 2005 - 1st October 2007

The Mental Capacity Act 2005 for England and Wales received Royal Assent on 7 April 2005 and came into effect on 1 October 2007.

The Act affects everyone aged over 16 and provides a statutory framework to empower and protect people who may not be able to make some decisions for themselves, for example, people with dementia, learning disabilities, mental health problems, stroke or head injuries.

It makes it clear who can make decisions in which situations and how they should go about this.

It enables people to plan ahead for a time when they may lose capacity.

The act covers major decisions about someone's property and affairs, healthcare treatment or where the person lives, as well as everyday decisions about personal care or what someone eats, where a person lacks capacity to make the decisions themselves.

If you are a Deputy or would like to find out more information about the Mental Capacity Act 2005 that came in to force on the 1st October 2007, a full copy of the Mental Capacity Act 2005 can be found on the  Office of Public Sector Information website.

Please visit the Court of Protection Division section of our website (left hand of your screen) for more information about the services provided to Deputies by the Court Funds Office and how to create an account with the Court Funds Office.

Important Information

Part 36 of the Civil Procedure Rules

The Court Funds Office no longer accept payments in satisfaction of a claim following the changes to Part 36 of the Civil Procedure Rules that came into effect on the 6th April 2007. Part 36 amendments remove the requirement for defendants to make an offer to settle money claims in the form of a payment into court.

For more information visit: http://www.justice.gov.uk/civil/procrules_fin/index.htm