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,
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
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
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
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
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
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
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.
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
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
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
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
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
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 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
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
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
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
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
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.
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
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
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
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,
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
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
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
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
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.
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
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
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
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
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 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
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
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
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
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
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
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
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
Due to the COVID-19 pandemic and the subsequent lockdown, Family Court hearings moved to remote hearings which take place over the telephone or via a video platform to allow for social distancing restrictions. Initially, all major hearings
It was World Mental Health Day this year on the 10 October. The Mental Health Foundation suggests that ‘Tea and Talk’ is a great way to come together in difficult times to raise awareness for mental health.
While many of these drugs were once legal, under the Psychoactive Substances Act, 2016, it is now illegal to produce, supply, or import them for human consumption, including for personal use. However, possession for personal use is not
When it comes to making a Will, there are two main pieces of advice that we at Johnson Astills give our clients. The first is to actually make one, and not keep putting it off. The second
In the UK, the scale and impact of institutionalised racism has been laid bare, with young Black men stopped and searched 20,000 times in London during the coronavirus lockdown, along with Black MPs, barristers, senior police officers,
Since the Covid-19 lockdown, there has been a sharp rise in reports of domestic abuse. The head of UN Women, Phumzile Mlambo-Ngcuka, declared that violence against women and girls is a “shadow pandemic” during the wider coronavirus
What is Voyeurism? Voyeurism is a relatively new offence which was implemented by the Voyeurism (Offences) Act, 2019 and introduced 2 new offences. A person commits voyeurism under Section 67A (1): where they operate equipment, under another
The Government has introduced The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (SI 2020 No.757) which has amended the Town and Country Planning (Use Classes) Order 1987. The new Regulations came into effect on
