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If the Local Authority are concerned about a child’s health, development or the way that they are being treated, but do not feel that there is an immediate risk to them, they may request that various assessments are undertaken. These assessments are...
By the end of 2023, Justice Secretary Alex Chalk plans to introduce a new law before Parliament which would result in parents who kill their partner or ex-partner with whom they have children to automatically have their parental responsibility suspended upon...
PAMS stands for ‘ parenting assessment manual software ’ . It was an assessment used with parents or carers that have learning difficulties or additional needs. Its aim is to assess the parent ’ s capacity and to support them in...
In March 2023, it was published that the government has plans to enforce tougher sentences on domestic abusers who kill their current or previous partners. What does this mean for those found guilty of domestic homicide? The law will be changed...
Buildings Insurance covers your home in the event that damage that occurs to the structure of the property i.e the actual building. This could be in the event of a fire, flood, storm or if the damage was caused by vandalism, theft, fire etc. When you are...
Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2023. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to make simple Wills prepared...
The recent decision in the Court of Appeal in the case of JW (Child at home under Care Order) [2023] EWCA CIV 944 is a reminder of the approach that should be taken when considering making final Supervision and Care Orders. The judgement provides a summary...
Dissolving your marriage may feel like the end of a very long and turbulent road, and that you have finally reached the light at the end of the tunnel. However, should you remarry, you may fall foul of what is commonly known as “the Remarriage...
A Placement Order is a Court Order which says that a Local Authority can place a child for adoption with prospective adopters, who have passed all the necessary checks and are a suitable match for a child. It does not mean a child has been adopted. However,...
What is Intestacy? Intestacy is where someone dies without a Will, or without a valid Will. The Rules of Intestacy means that a deceased person’s estate will be distributed in accordance with these rules, and this may mean that the estate is not...
A Supervision Order is one of many orders that the Court has the power to grant a Local Authority in Childcare Proceedings under section 35 Children Act 1989. The purpose of a Supervision Order is to impose a duty on the Local Authority to support the...
What is this new law? The Child Support (Enforcement) Bill was introduced by MP Siobhan Baillie and Baroness Redfern and received Royal Assent on 20 th July 2023, meaning it is now law. This Act means that the Department for Work and Pensions (DWP)...
What is an exchange of contracts? Exchange of contracts is when the buyer’s solicitor and the seller’s solicitor swap the contract documentation to confirm an agreement has been made between each party for the sale of the property. It is...
What is a Lasting Power of Attorney? There are two different types of Lasting Power of Attorneys (LPAs): Property & Financial Affairs and Health & Welfare. Each of these documents allow you to appoint Attorneys to deal with and manage your...
What is a Section 20 agreement? You as a parent can voluntarily enter into a Section 20 agreement. A Section 20 agreement allows your child to be accommodated willingly in either foster care, with your friends, or with relatives, and this can be...
It has been estimated that 1 in 4 women in England and Wales are at risk of return to court within 10 years after the initial set of proceedings. In 2015, findings from Broadhurst et al provided the first evidence presenting the repeated return of mothers to...
The Local Authority will send you a Letter of Intent to Issue Care Proceedings once they have decided that there are significant concerns regarding the safety of your child/children, and the only way to keep them safe is to seek intervention from the Court....
When a property is sold, generally the seller agrees to sell their property with ‘full’ or ‘limited’ title guarantee. Full Title Guarantee Full title guarantee confirms that the seller has the right to sell the property and that...
Approximately 25% of people in the Lesbian, Bisexual, Gay and Transgender community suffer from Domestic Abuse within relationships. However, it is considered that domestic abuse within these communities is underreported, as the persons are fearful that...
Leicestershire saw almost twice as many speeding prosecutions in 2022 compared to 2021, reports show. Nationally, the number of drivers receiving a speeding conviction has reached an eight-year high. Most people caught speeding were offered a fine and...
With the summer holidays fast approaching, many will be seeking some summer sun overseas. However, for some separated or divorced parents, this can be problematic and we suggest having the conversation about holidays as soon as possible, to try to prevent...
Substance abuse can have a significant impact on childcare proceedings, as it can lead to social workers having concerns about the safety and wellbeing of children. When a parent or caregiver struggles with substance abuse, it is thought they may be unable...
People often want to leave money or gifts in their Will to children or grandchildren. There are different ways in which you can do this, and it is important to consider how you want to leave your money when making a Will. Here, at Johnson Astills , we...
What is a section 20? Section 20 is a voluntary arrangement that parents can consent to and withdraw this consent at any time. The agreement allows the child to be voluntarily accommodated in foster care or with friends or family and this can be supported...
Why would the DVLA revoke my licence? UK law requires motorists to notify the DVLA of any medical condition which could impair their ability to drive. Medical reasons can include but are not limited to: epilepsy diabetes strokes and...
What is a Foster Carer? Foster Carers can offer children a safe and loving home when they are not able to remain with their birth parents. Why have my children been placed into Foster Care? Children may live with foster carers on a short or...
As of 24 th April 2023, Love Bombing is now recognised by the Crown Prosecution Service as a sign of emotional abuse in the UK, but what is Love Bombing and what are the signs? Love Bombing is often disguised as excessive flattery; showering with...
Childcare proceedings are confidential, which means the disclosure of information deriving from proceedings is governed by strict rules and protocols. If the Police wish to obtain information from your childcare proceedings, they need to make an application...
Being arrested for rape or any sort of sexual offence can be a terrifying experience. Having been through the turmoil of an arrest and interview you find yourself bailed to return to the police station. Of course, you are relieved that you have not been...
Following the Grenfell Tower fire in 2017, the government aimed to reform building safety legislation through the introduction of the Building Safety Act 2022. The act is up to 260 pages and contains 6 parts. Various consultations have taken place to...
The Local Authority in each area will have a designated team who deal with Child Protection. They have a wide range of duties and powers as detailed within laws. One of the duties and powers of the Local Authority is contained within Section 34 and is around...
Lasting Powers of Attorney are some of the most important documents you can make in your lifetime. LPAs have been in the news over the last few weeks following a discussion about them by Martin Lewis who emphasises the importance of these documents. ...
Cryptocurrency is becoming more and more common in the investment market with at least 4.2 million people in the UK currently owning it in some form or another. You may choose to leave your digital assets to your family members or someone you trust, or,...
At the start of March there were 83,990 prisoners in England and Wales meaning that prisons were 1,200 prisoners short of the prison system’s useable operational capacity. What does this mean for me and my case? The new advice as a result of a...
A Section 91(14) Order is known as a ‘barring order’ and relates to Section 91(14) of the Children Act 1989. This type of Order allows the court to prevent individuals, usually parents, from making an application to the court without the...
The Court has the power to order a fact-finding hearing in care proceedings, yet many parents did not know what a fact-finding hearing is until speaking to a solicitor. This article aims to explain what a fact-finding hearing is in a simple manner. To...
A new piece of legislation came into forced on the 27 th February 2023, which means it is no longer possible for anyone under the age of 18 to marry or enter into a civil partnership. This is a huge change because previously, 16 and 17 years olds have been...
If you are a parent with additional needs, such as learning difficulties or cognitive functioning issues and the Local Authority are involved with your children, you may be entitled to extra support. What are Care Proceedings? When the Local Authority...
Special Reasons it is not a defence but an argument surrounding the circumstances of the offence and if argued successfully, could avoid or reduce a disqualification. The argument is specifically around the drink driving incident itself and not personal...
Johnson Astills is proud to be associated with a brand-new initiative to improve the experience of home movers and professionals involved in the home moving process. National Conveyancing Week has been launched to raise the profile of organisations who...
Generally, those subject to family court proceedings are protected from the details of their case being shared with the public. This applies to both private and public law family proceedings and only very limited reporting can take place with the...
As International Women’s Day on 8 March 2023 approaches, we are reflecting on the numerous and varied roles that women play in our society. It’s a time for looking forward, but also reflecting on the past. With this in mind, we have been...
Divorce solicitors and Valentine’s Day are not typically topics mentioned in the same sentence. However, as pre-nuptial agreements become more widely used, what better time to consider preparing a pre-nuptial agreement than Valentine’s Day,...
The Local Authority might have been successful in obtaining a care and placement order for your child, but that does not mean that your child will be adopted once a prospective adopter has been found. With permission from the Court, there could be one last...
What is Time to Talk Day? This year, Time to Talk day is on 2 February 2023. The day is organised by Mind and Rethink Mental Illness and promotes having conversations about mental health and how we can support ourselves and others. Why is Time to Talk...
Have you been asked by the Police to attend a voluntary interview, for a talk? A voluntary interview is conducted by a Police Officer when investigating a criminal offence, the person being interviewed is the suspect in the investigation. The interview is...
Sexual assault happens when someone touches another person in a sexual manner without their consent. The Sexual Offences Act 2003 says that someone commits sexual assault if all of the following happens; They intentionally touch another person. The...
What can I do? A Child Arrangements Orders can be useful when used to regulate arrangements in relation to a child, where parents cannot agree. It can order where the child lives, which can be with one or both parents (including both an equal split, or a...
How long should public law proceedings take? When the Local Authority initiate public law care proceedings, the standard duration of these proceedings should be 26 weeks which equates to 6 months. There may be some variance on this timeframe, and this...
Divorce Day 2023 We know that the New Year is typically a time for reflection, and this includes thinking about relationships. Often, this period sees an increase in couples deciding to end their marriage or civil partnership. The first working Monday in...
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