DoL stands for ‘Deprivation of Liberty’ and means that a person’s freedom is taken away from them. Being deprived of liberty will mean that a person is under continuous supervision and control and is not permitted to
A New Build Property is a property that has never been lived in before and has been recently constructed. Buying a New Build property is different from buying an older property, so it is important that you
Section 70 Domestic Abuse Act 2021, introduced offences of non-fatal strangulation and non-fatal suffocation, these offences came into force on 7th June 2022. What is the offence of strangulation or suffocation? The legislation states that a person
If you are acting as an Executor or Administrator you have a legal obligation to ensure you have found and dealt with all of the assets in the estate of the deceased and that you are proving
From 31st May 2022, the sentencing guidelines for child sexual offences where no child existed or is harmed will be revised. What are the changes? The new guidelines coming into force provide Judges and Magistrates with guidance
WHAT IS SEXSOMNIA? Sexsomnia is sexual behaviour while asleep. It is recognised in both sleep disorder and psychiatric classifications. Sexsomnia occurs when the brain is disassociated or partially disassociated and covers a wide range of sexual behaviours.
You may be asked to engage in blood alcohol testing. This has now become an essential part in providing an insight into an individual’s alcohol consumption and providing an evidential picture within proceedings before the Family Court.
Purchasing a property is one of the most important decisions that you will ever make and doing it for the first time can be daunting. Here at Johnson Astills, we are here to make the journey as
If the Local Authority has concerns about your suspected alcohol or substance misuse, they may well ask you to agree to be tested. There are several different ways to test for alcohol or substance use, each of
Angel Lynn was in an abusive relationship with Chay Bowskill. On 17th September 2020, Angel was kidnapped by Bowskill. Bowskill was captured on CCTV chasing Angel down a street following an argument. He was seen to grab
Once a Care Order is made at Court, this Order remains in place until a child reaches 18 years old. Once a child reaches adulthood, the Care Order will cease to have effect. The Local Authority have
New legislation comes into force on 25th March 2022 that prohibits the use, while driving a motor vehicle, of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function. This widens the offence
The no-fault divorce is to be introduced on Wednesday 6th April 2022. The Government have now published key dates, including cut off dates in relation to existing applications under the existing legislation . We have been notified
The report completed by Dame Rachel De Souza is dedicated to the children in care, who have voiced their experiences. These children have shared their thoughts and personal experiences in the hope that change can be brought
The moment of dread. Did I activate that speed camera? Will I receive a ticket in the post? According to the latest official data 74% of all motoring offences are speed related and can be a major
Coercive Control is a form of abuse, as set out in Section 1 of the Domestic Abuse Act 2021. Controlling behaviour is defined as a range of acts designed to make a person subordinate and/or dependant by
According to the latest figures the current rate of marriages ending in divorce in the UK is 42%. When going through divorce proceedings it is important to review and consider your Wills and Lasting Powers of Attorneys,
The County Councils network (CCN) say more needs to be done to assist keeping families together. If this is not achieved soon, Local Authorities could spend up to £3.6bn more a year placing children in care by
A BBC article dated 26th January 2022 shone a light on the separation of siblings upon children entering the foster care system. The article highlights that around 45% of sibling groups are split up into different placements
There may be lots of reasons why social services are inviting you to a meeting. For some of these meetings, you may be entitled to legal representation, meaning a solicitor can attend the meeting with you and
We previously wrote about the first Social Care Annual Report that was released from Ofsted in 2013. This report identified that a vast majority of Local Authorities were inadequate, and some child safeguarding services were struggling to
The increase in crimes of this nature has led to the implementation of the Offensive Weapons Act 2019 specifically Section 46. This came into force on the 14th July 2021. This section made amendments to the Criminal
The first working day of January is usually referred to as ‘Divorce Day’. This is because, historically family solicitors receive the greatest number of enquiries about starting divorce proceedings. This year, however, there is speculation that ‘Divorce
The government established the Independent Human Rights Act Review in December 2020 to examine the framework of the Human Rights Act. The review looked at how it operates in practice and whether there was a need for change,
If the police wish to speak with you under caution it is extremely important that you understand your legal rights. Even if you are not under arrest or placed in police custody you still have the right
In November 2021, the NSPCC confirmed that a record number of people had contacted their service due to concerns around child sexual abuse, with nearly 5,000 calls made within a 6 month period. There are concerns that
The Christmas season is coming… As the Christmas season approaches the party season gets underway. You may see Christmas drink drive campaigns starting to appear from local police forces, which will mean that once again police will
In a recent study sent to the Ministry of Justice it has found that during the pandemic there has been a significant reduction (26.5%) in the registration of LPAs for both Health and Care and Property and
Thursday 25th November 2021 marks the launch of the UNiTE to End Violence against Women campaign, consisting of 16 days of activism across the UN and concluding on 10th December, which will be International Human Rights Day.
A Life Interest Trust is created by a Will and is commonly used by married couples as a way of protecting each other’s respective share of the property on first death. Situations where this may be appropriate
Deciding to start divorce proceedings can be a very overwhelming experience and you can often not know where to start. The following article explores the different steps involved in the divorce procedure and provides assistance on the
There is currently a six-month time limit for a charge to be brought against someone for common assault. The BBC recently revealed that 13,000 cases in England and Wales have been dropped in the last 5 years,
If social services have asked you to sign a safety plan for children or a written agreement, it is important to understand what these documents mean and the implications of signing them. These agreements are not legally
Where concerns have been raised about a parent’s ability to provide safe care for their child, a residential assessment may be considered as opposed to a community-based assessment to assess if they can parent the child safely
This year HM Land Registry have introduced several innovative improvements to the registration and application process with a view to adjust and adapt to become more accessible to the public. This is mainly due to the need
Many will know it is already an offence to disclose a private sexual film or photograph in which another person appears without the consent of that person. Earlier this year and because of the Domestic Abuse Bill,
Generally, when an application is made to the Court a Court fee is required. As of 30th September 2021, the HMCTS have raised their Court fees in respect of Family matters. Therefore, the Court fees are now:
Owning an E-Scooter legally is currently difficult, as there are strict rules on any privately owned E-Scooter to be used lawfully on a road or public place. The rider must have insurance, licence, safety equipment and vehicle
In the recent case of F v G [2021] EWCA Civ 622, The Court of Appeal granted leave to appeal to the mother, who argued that Special Guardianship Orders and Care Orders could not co-exist. This case
A lifetime ISA (LISA) is a savings account whereby you can save to help contribute to your first house purchase or to be used at the point of which you retire. It can be opened by anyone
The Case for Change, an Independent Review of Children’s Social Care Report investigated Child Protection Services in England. According to a BBC News article written by Alison Holt Social Affairs Correspondent (June 2021) the system is under
Where the Local Authority have concerns about a person’s care of a child, they may commission various assessments of the person’s ability to care for them. The concerns may arise as a result of an injury to
Where a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) for someone’s property and finances has not been put in place prior to a loved one losing mental capacity, Deputyship may need to
Local Authorities have a duty to promote contact between a child in their care and the relevant parties under Section 34 of the Children Act 1989 – unless it is not reasonably practical or consistent with the
Now that the national lockdown has lifted and the possibility of international travel is an increasingly more viable option, many will be looking to get away and go abroad for some proper summer sun. Issues often arise
We are often asked if a Consent Order is needed in divorce proceedings the answer is yes, it is advisable and recommended. A Consent Order is a document that is entered into willingly by both parties and it
When the Petitioner makes an application for a divorce, the spouse, known as the Respondent, is sent a copy of the application along with a form to complete called an Acknowledgement of Service (AOS). They are required
With restrictions lifting there is an increase in drink driving offences, not only can you find yourself arrested for an offence of driving a motor vehicle whilst over the prescribed limited but also if you are found to
There are 4 main types of Harm that the Social Services may think your child is at risk of suffering or is already suffering. These 4 types are: Emotional harm, Physical harm, Sexual harm and Neglect. Your
A recent study by Nuffield Family Justice Observatory found that the number of care proceedings in England which involved newborn babies increased by 20%. Between 2012 and 2020, the number of newborn babies subject to care proceedings
