The Domestic Abuse Act 2021
Following agreement by both the House of Commons and the House of Lords on its text, the Domestic Abuse Bill received Royal Assent on 29th April 2021, meaning that it is now an Act of Parliament and
Our Blog
What is involved in selling my property?
A sale transaction may sound simple and straightforward but there is a lot of work that needs to be carried out by Solicitors. Sale transactions can easily become complicated or prolonged. Not all transactions are the same
Revocation of driving licence for new drivers
As a new driver your licence is particularly important to you, however are you aware that your driving licence is automatically revoked by the DVLA, if you build up six or more penalty points within two years of passing
Mental Health Awareness Month
The week commencing 10th May is mental health awareness week. Having lived through the period of Covid-19 and Lockdown, mental health has become more openly discussed and we are being urged to take care of our mental health
How do I complete a Form E?
When you are going through a separation, your first thought might be to start divorce proceedings, but it is important to try and reach an agreement in relation to the finances at the same time. This can
Getting the most from your Help to Buy ISA account
The government closed access to new help to buy ISA accounts from 30th November 2019 and onwards. If you were fortunate enough to have opened a help to buy ISA prior to this date this guide will
What can I expect if I apply for a Child Arrangements Order?
It is common that when a relationship breaks down, conversations need to be had about the arrangements for the children to be able to spend time with both parents. It is always best if parents can reach
IS IT A LEGAL REQUIREMENT FOR LANDLORDS TO HAVE THE ELECTRICS TESTED WHEN RENTING OUT A RESIDENTIAL PROPERTY?
As of 1st April 2021, new electrical regulations came into force requiring Landlords to arrange an inspection and to supply an electrical safety certificate for all privately rented properties. What are the Regulations? The electrical inspections must
Special Guardianship – An Agenda for Change
In August and November 2019, I wrote articles considering whether Special Guardianship Orders required reform. The case of Re P-S (Children) [2018] EWCA Civ 1407 spurred the need for change. Developments continue within this area of law. Recently,
Care Proceedings are lasting longer in Court due to COVID-19
The duration of Care Proceedings in Court has increased since the beginning of the lockdown and has reached the longest length since the 26-week target rule was introduced in 2014, despite the number of cases being issued
I have been asked to leave my family home away from partner and children by Social Services – what does this mean?
If social services have asked you to leave the family home, it is usually because they have safeguarding concerns about your presence within the household. This request can be stressful and confusing, but it is essential to
Appointeeship – What is an Appointee?
An Appointee is an individual/organisation registered with the Department for Work & Pensions (DWP). The nominated Appointee is allowed to receive another person’s benefits when they are unable to manage their finances. This could be due to
New Sentencing Guidelines for Drugs Offences
The 1st April 2021 will see updated and new sentencing guidelines for some drug offences come into force. These will apply to all cases sentenced on or after 1st April 2021. The updated and new guidelines are
Restricting your right to protest: the Police, Crime, Sentencing and Courts Bill 2019-2021
On 16th March 2021, the Police, Crime, Sentencing and Courts Bill passed its Second Reading in the House of Commons. The Bill has already caused controversy within the media, particularly in relation to the restrictions it seeks
Is it normal to exchange financial disclosure to reach a financial settlement in divorce?
Trying to agree a financial settlement during a divorce can be an intimidating and daunting prospect. In order to ensure a fair and reasonable settlement, we always advise clients of the need to exchange full and frank
What is the role of mediation in family law matters?
When a relationship breaks down, many issues can need resolving such as finances, divorce proceedings and often child arrangements. Sometimes it can be difficult to resolve these issues with your former partner and conversations may become heated.
Cladding – Government to bring an end to unsafe cladding
On the 10th February 2021, The Housing Secretary, Robert Jenrick discussed the issues surrounding cladding in the House of Commons and unveiled a five-point plan to bring an end to unsafe cladding. The Grenfell fire tragedy has
Should you use using an Estate Agent to sell your home?
Are you looking to sell your home or investment property? One of the most important decisions you can make when selling your home is whether to sell through an estate agent or to arrange your sale privately
What is an Investigation in children matters? What types of investigations are there?
There are two types of investigations, a Section 47 investigation, and a Section 17 investigation. Within 24 hours of suspected harm being reported it is the Social Workers decision in regards to what investigation is required. They
The Stamp Duty Holiday has been extended
What does this mean for you? We at Johnson Astills are excited to welcome the government’s announcement confirming the extension of the stamp duty holiday to 30th June 2021. What is the Stamp Duty Holiday? The Stamp
Did you know there is a legal requirement to restrain your dog in the car?
Research shows that over a third of drivers fail to restrain pet passengers, with 1 in 10 allowing pets to sit in the front seat of the car, and a further 9% of drivers, allowing their pet
Social Services have asked me to leave the family home
What can I do in these circumstances? Parents often ask this question when seeking advice from our Care Team: When Social Services become involved with parents in relation to concerns about their child, they sometimes ask one
The Local Authority want to complete a Risk Assessment, what does this mean?
The Local Authority are likely to want to complete a risk assessment where they consider there to be a likelihood of a significant risk of harm to a child. Where there are concerns around domestic violence in
Does a Non-UK Resident pay extra SDLT?
From 1st April 2021, all non-UK residents who purchase a property will be liable for a new surcharge of stamp duty land tax (SDLT). An additional 2% will be payable on all purchases of residential property (freehold
Changes in Legal Aid Capital Assessment
It has long been an issue that if a person has equity in a property over and above £8,000 (after all disregards are taken into consideration) then they will be refused Legal Aid on the basis of
What happens if I do not want to care for my baby / child anymore?
The Local Authority (also known as Social Services) often become involved with families where there are concerns about the care being afforded to any child within a home. However, sometimes the Local Authority are approached by parents
Raising awareness of Domestic Abuse – LWA Wear, Share Aware Campaign
Since the third lockdown came into force reports of domestic abuse have continued to rise nationally, with many victims of domestic abuse being forced to isolate with their abuser. As a result they are experiencing increased difficulty
Mental Disorders and Sentencing – New Guidelines
A new guideline for sentencing offenders with mental disorders, developmental disorders and neurological impairments has recently come into force. The new guidelines provide transparency and clarity for sentencing offenders with development disorders, mental disorders and neurological impairments.
Can you afford to buy your first property?
First time buyer looking to get on the property ladder? At Johnson Astills we are here to guide you through the legal process of buying a property. The most essential factor to determine if you can buy
Received a letter from Social Services/Local Authority? What do I do?
The Local Authority can become involved in your family life for a number of reasons. This may be because they think you or someone else in your family may have done something to harm the child/children. They
Special Reasons argument for Driving without Insurance
What is a Special Reasons argument? A special reasons argument is put forward to the Court in order to ask the court not to disqualify a motorist from driving or endorsing their licence with penalty points. A
Criminal Courts To Remain Open During Third Lockdown
As the country goes into a third national lockdown the Lord Chancellor has confirmed that the criminal courts will not be closed. Attending court is a legal exemption to the national lockdown ‘stay at home’ restriction. Judges,
Does lockdown affect whether I can spend time with my children?
As England is placed into another national lockdown, many parents will have concerns about what impact this has on Child Arrangements. The government have released national lockdown guidance which includes direction for child arrangement matters. The government
Completing Conveyancing Protocol forms
Selling your House can be a stressful time, with many forms and documents which you will be required to complete which will be unfamiliar to you. Below we will break down the 3 main forms used when
Will I get free legal advice if the Local Authority become involved with my family?
Depending upon the extent of the involvement by the Local Authority, you may be eligible for free legal help under three levels of public funding Legal Help Level 1, Legal Help Level 2 or Full Representation. The
What are property searches and why do you need them?
When you are purchasing a residential property, you will need searches carried out on the property. These are essential as they can help identify any previous planning permissions or building regulations which apply for the property. It
Domestic Abuse – Am I eligible for Legal Aid?
Legal Aid is the provision of financial assistance to people who are unable to afford legal representation and access to the court system. Legal Aid is payment from public funds, and only provided in cases of need.
Lasting Power of Attorneys – Health & Welfare
There are two types of Lasting Power of Attorney (LPA); one which deals with your Property and Financial Affairs and one which deals with your Health and Welfare. In this article, we will be discussing the Health
Managing affairs for a missing person
The Guardianship Act was bought into power in 2019 to help families deal with the affairs of a missing loved one. Prior to this act being bought in, the only way to deal with a missing person’s
Am I allowed to physical chastise my child such as smacking them?
The issue of smacking a child as a form of punishment or as a way to control a child’s behaviour is a contentious subject which divides public opinion. The issue has recently hit the headlines after Scotland
Fail to Provide Driver Details – Company Prosecutions
Does a Company have to provide details of their drivers’ (s172 notice)? If a vehicle is registered at DVLA as being owned by a Company then the Company must provide details of the driver’s identity. How is
Local Authority concerns about drug and alcohol use around children
The Local Authority have concerns about drug use and excessive use of alcohol around my children – what should I do? Worried family members, professionals or members of the public may notify the Local Authority of concerns
Affray just really what is it?
Affray is a public order offence, the offence is committed if a person threatens or uses unlawful violence or force towards another person, which causes another person of reasonable firmness present at the scene to fear for
Are you still thinking of purchasing a property? The stamp duty holiday deadline is fast approaching!
The Government announced in July 2020 the new reduced stamp duty rates, which meant that residential purchasers only paid stamp duty on properties above £500,000.00. If residential purchasers were subject to higher rate stamp duty then the
I have been accused of Rape. How is a Rape Investigated?
It is regularly reported in the newspapers that the number of Rape prosecutions are falling. Early this year in order to identify areas for improvement the Crown Prosecution Service published a five-year strategy to look at all
According to Ofsted, there has been a 20% rise of non-accidental- injuries and deaths to babies during the first Covid 19 lockdown
During the first lockdown due to Covid-19 in March 2020, there was an alarming rise of 20% of accidental injuries in children under 12 months old. According to Ofsted, these children were either seriously injured or killed
How can I become a Solicitor?
There are now two different routes to qualify as a solicitor following the introduction of the Solicitors Qualifying Examination (SQE). The traditional route to qualifying has the following requirements:- Qualifying Law degree If you have obtained a
What can I do if my ex-partner is stopping me from seeing my child?
Many parents experience problems securing contact with their children following the breakdown of a relationship. Are you one of them? If so, this article may help. In accordance with the Children Act 1989, as long as it
Remote Hearings in the Family Justice System: A review of the Rapid Consultation by the Nuffield Family Justice Observatory.
It goes without saying that the Covid-19 pandemic has had a significant impact in virtually every aspect of our lives. Arguably, one of the most significant changes for us at Johnson Astills, and for our clients, is
Can my information be shared between my Care Proceedings and Criminal Proceedings?
The simple answer is yes. Your information can be disclosed and shared between proceedings governed by the 2013 protocol and good practice model. In Care Proceedings, there is a form Annex D that the Local Authority will
