What is a Section 7 Report?
A Section 7 Report is a court-ordered document prepared under Section 7 of the Children Act 1989. It is ordered when parents cannot agree on arrangements for children’s care, usually only if there are any aspects of
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How long will my information stay on Police Record?
The Police National Computer (PNC) retains all records of arrests and summons, regardless of the outcome. This information remains on the system until the individual reaches 100 years old. In addition to police records, DNA profiles and
Receiving a witness summons – consequences of not attending Court
If you are summonsed to court as a witness, it is essential to understand what this means and the implications of failing to comply. A witness summons can be issued in cases where your evidence is considered
I was sat in my car after drinking – am I guilty of a Criminal Offence?
If you have been caught sitting behind the wheel drunk or even near your car after drinking, you might wonder if you are committing an offence. UK law allows the police to charge you with being drunk
Do I Need a Legal Representative for a Police Interview?
Yes! Whether you are under arrest or asked to attend the police station voluntarily, being interviewed by police under caution can be an intimidating experience, a legal representative can safeguard your interests, ensure your rights are protected,
What is an application for Exceptional Hardship?
An application for exceptional hardship can be made when a driver accumulates 12 or more penalty points on their licence within any 3-year period, leading to a potential disqualification under the totting up ban provisions in Section
What happens if I am an Executor and I don’t want to act?
What is an Executor? An Executor is someone who is legally responsible for carrying out the instructions in your Will and handling your estate. Your estate is everything you own upon your death – this includes money,
Number of drivers caught using their mobile phone whilst driving in Leicestershire increases significantly
New legislation came 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
How accurate can hair strand tests be?
Often drug and alcohol tests are ordered during the care proceedings process. Parents are required to provide a section of their hair which is tested to consider if they have been misusing substances. It has recently been
Will I be affected by the Autumn Budget?
What is the Autumn Budget? The Autumn Budget is an update from the UK Government about the state of the economy. It was launched on 1st November 2024. According to the UK Government, the aim of the
What is a Risk Assessment?
If the Local Authority is completing a risk assessment, they are doing so to determine if there is a likelihood of a significant risk of harm to a child. This could be due to concerns regarding domestic
Tis the season for separated parents to discuss Christmas child arrangements
Whilst Christmas might still feel far away, now is the ideal time to give some thought as to how you might manage arrangements with your ex-partner in relation to where and when your child(ren) will be at
Blog How we are raising funds for the Poppy Appeal
How did you support The Royal British Legion’s Poppy Appeal last year? Did you buy a poppy? Johnson Astills are supporting The Poppy Appeal again this year by adding a ‘poppy’ to our logo on our website. The
What is a Special Guardianship Order?
A Special Guardianship Order can be made when the Court determines that a child requires a long-term and stable placement which offers more permanence than a Child Arrangement Order. The need for a Special Guardianship Order can
What happens to my children if I die before they turn 18?
I don’t own a home or have any savings, why should I make a Will? Whilst you may not own your own home or have significant savings or investments to leave to your loved ones in your
What is an Advance Decision?
An Advance Decision is a statement of instructions about what medical and healthcare treatment you want to refuse in the future, in case you lose mental capacity to make these decisions. It only applies to refusing specific
Sean Combs, Puff Daddy, P Diddy, Diddy. Diddy… or didn’t he?
Amid the current whirlwind of controversial allegations that surround Sean Combs, the backdrop to his behaviour has a prolonged history of allegations of domestic violence and abuse dating back to the 90’s. In November 2023, Cassandra Ventura
Do unmarried couples have the same rights as married couples?
The law in England & Wales is clear in stating, if you are living with your partner and you are unmarried upon separation, you will not have the same legal rights available to a married couple upon
Domestic Abuse and the Financial Remedy Process – A Call for Change
The process to split your finances from those of your spouse can be a long, difficult and emotionally draining process. For those who have been subjected to domestic abuse of any kind, the process can be much
What is the difference between a Psychological and a Psychiatric Assessment?
Psychological and psychiatric assessments are commonly ordered by the Court in Care Proceedings and are frequently requested by the Local Authority during pre-proceedings. However, these assessments are not the same and there are key differences that distinguish
How do I include my step-children in my Will?
When writing a Will, the term ‘my child’ or ‘my children’ does not automatically include step-children, it only includes biological children and formally adopted children of the person making the Will. If you wish to include step-children,
Raneem’s Law: A Groundbreaking Step Towards Tackling Violence and Abuse.
On 20th September 2024, the Home Office announced new measures aimed at improving their response to domestic violence within the Police. These measures form part of Raneem’s Law, a legislation announced in response to the failures leading
Drunk in Charge of a Vehicle offence
Where there is no evidence that a vehicle has been driven by a defendant whilst over the prescribed limit, a charge of drunk in charge of a vehicle may be brought. In order to be guilty of
What is an Initial Viability Assessment?
I am being asked to provide friends / family members to put forward for an Initial Viability Assessment, what does this mean If you are contacted by Social Services and told they are initiating Pre-Proceedings or Care
Providing Incorrect Driver Details to Avoid Penalty Points and Perverting the Course of Justice
Avoiding penalty points on your driving record can be tempting, but providing incorrect driver details is not only illegal but falls under the serious criminal offence of perverting the course of justice (PCJ). While dodging a minor
World Mental Health Day
Every year, World Mental Health Day is recognised by the World Health Organisation on the 10th October. The theme of this year’s World Mental Health Day is ‘it’s time to prioritise mental health in the workplace.’ This
Free Wills Month
Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2024. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to make simple Wills
Property transactions – will there be any hidden costs?
Johnson Astills understand that property transactions, such as buying or selling a house can be stressful and expensive. Conveyancing fees are the legal and administrative costs associated with transferring property ownership and will depend on the specific
Domestic Abuse Awareness Month
October typically welcomes the ‘spooky’ season and winter months, however it is also Domestic Abuse Awareness Month. This is recognised annually to raise awareness about domestic violence and abuse and more importantly, how to recognise it, how
TOLATA Claims
If you are an unmarried couple who is cohabiting and upon separation you have a dispute regarding a property or land that is jointly owned or have a financial interest in, your principal remedy is to apply
Driving Without Due Care and Attention
What is driving without due care and attention? The offence of driving without due care and attention (careless driving) is committed when your driving falls below the minimum standard expected of a competent and careful driver or driving
What is Threshold in Care Proceedings?
Threshold is an important document in Care Proceedings which sets out a list of concerns and is different for each case. This document is designed to prove to the Court that a child is suffering or is
What is a Business Lasting Power of Attorney (LPA)?
What is a Business Lasting Power of Attorney (LPA)? A Business LPA is a legal document that allows you to authorise a chosen individual (an Attorney) to make decisions concerning your business interests if you are unavailable
Can I still see my child even if they have been adopted?
In recent years, the Family Court has placed further emphasis on the consideration of post-adoption contact. This is where children who have been removed from their parents’ care and have been adopted by a new family will
Solicitor or Conveyancer?
What is Conveyancing? Conveyancing is the legal process that must be undertaken to transfer the ownership of a property. Should I instruct a conveyancing firm or a solicitor’s firm? Both Conveyancers and Conveyancing Solicitors specialise in the
Lauryn Goodman -v- Kyle Walker and Schedule 1 of the Children Act 1989
The legal troubles between influencer Lauryn Goodman and professional footballer Kyle Walker have been much reported in the media. This dispute involved an area of family law that we deal with at Johnson Astills commonly referred to
What is Special Contribution in Matrimonial Finance?
In divorce under English Law, the Court begins with a 50:50 starting point when considering a financial settlement. The court then decides whether there should be a departure from equality. Contribution is one of the factors which the court
I’m not on my child’s birth certificate but I am the father!
Where do I stand with parental responsibility? When entering the care proceedings process father’s that are not registered on their child’s birth certificate or have not acquired parental responsibility via other means for example a parental responsibility
Ground Rent and Service Charge
When purchasing a property, it is important to budget for ground rent and service charge. This generally applies to Leasehold Property purchase and some freehold properties with management companies. Ground Rent Ground rent is generally paid to
What are Legal Services Payment Orders?
The financial remedy process that accompanies divorce proceedings can be very expensive, especially as each party will often have their own legal costs to pay. These fees can prove difficult to meet for those who earn significantly
What is Mental Capacity?
Mental Capacity is the ability to make and communicate a particular decision. You must understand the decision you need to make, why you need to make it and the likely outcome of the decision. At any time
Will I be able to see my child if they are in Local Authority Foster Care?
When a Court removes a child from their parents’ care and places a child into Local Authority Foster Care, very often parents are worried about how they will see and spend time with their child. At Johnson
Can I Smack my Child?
For years, many calls have been made for the English Government to reform the law regarding smacking and hitting children. In England and Northen Ireland, any use of physical chastisement is illegal unless it amounts to a
LGBTQ+ Families – who has parental responsibility?
For opposite-sex parents, the question of who has parental responsibility for any child may be easily answered. However, the same cannot be said for LGBTQ+ parents, who may face certain obstacles in obtaining parental responsibility. With June
New Property Information Form (TA6) and what it means for Sellers
Property Information Forms (TA6) form part of the draft contract pack that is sent to the buyer’s solicitors on the sale of the property. The seller is required to complete the form and all replies given must
Did you know it is a crime to possess an offensive weapon in your own home?
It is well known that it is against the law to be in possession of a bladed article in public. However, it is a common misconception that you can own an offensive weapon, as long as you
How has the update to the Family Procedure Rules affected Private Family Law Proceedings?
On the 29th April 2024, the Family Procedure Rules were updated and a new term introduced – “Non-Court Dispute Resolution”, or NCDR. The update puts great importance on MIAMs and NCDR, but what does this mean for
What is a Safety Plan?
A safety plan is a document which is personalised for each family. The main goal of a safety plan is to safeguard children from any current or future risk of harm. Usually, Social Services will state what
What is a Certificate Provider in a Lasting Power of Attorney?
What is a Certificate Provider? A Certificate Provider is a person the Donor chooses to complete the Certificate in a Lasting Power of Attorney (LPA) form. You can read more about the different types of Lasting Power
Where can I seek support for domestic abuse?
In the last 12 months, it is estimated that more than 800,000 children in England and Wales have lived or continue to live in an abusive home.[1] Domestic abuse and violence remains a major concern for many
