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Author: CJCH Media Office

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Getting to know Court of Protection Law – a discussion with CJCH Solicitor, Connor Hegarty

As our Court of Protection team has been nominated for the Wales Legal Awards 2022 which will take place next week.  We had a chat with Connor Hegarty, Solicitor in our Court of Protection department

What is the Court of Protection and who does it help?

The Court of Protection deals with cases concerning people who have been assessed as lacking capacity to make a specific decision.  Where a person lacks capacity, the Court can make a best interest’s decision on the individual’s behalf. These can include the most serious and life-changing decisions including where someone lives, to how they interact with wider society, to considering withdrawal of life-sustaining medical treatment or nutrition/hydration. As well as dealing with cases concerning a person’s welfare, the Court also hears challenges to an individual’s deprivation of liberty pursuant to Article 5 ECHR.

As well as resolving disputes as to what might be in someone’s best interests, the Court also deals with the appointment of Deputies and Attorneys under Lasting Powers of Attorney.

What circumstances would lead to someone being considered as ‘lacking mental capacity’?

A person is considered to lack mental capacity for a specific decision if they met the legal test set out in the MCA 2005. Put simply, this is where a person has a cognitive impairment, and due to that impairment, cannot understand relevant information for a decision, use/weigh up that information, retain it, or communicate a decision on the specific subject. Examples of a cognitive impairment could be a brain injury, dementia or related conditions, or more severe learning disabilities. Although it is a legal test, assessments for capacity are often carried out by a health or social care professional.

It is always important to remember that lacking mental capacity is always decision specific.

What are some examples of decisions made in the Court of Protection? 

The Court can make a best interests decision concerning a wide variety of areas affecting a person’s life, where there is evidence to suggest they lack the capacity to make the decision themselves, including:

  • Conducting legal proceedings
  • Where they live
  • The care they receive
  • How their property and finances are managed
  • Who they have contact with, or how contact is regulated
  • How they access the internet and social media
  • Whether they can consume alcohol or smoke
  • The medical treatment they receive, including serious medical treatment, and decisions about vaccinations
  • Management of specific or long-term health conditions, such as diabetes
  • The appointment of a Deputy or Attorney for health/welfare or property/financial affairs

What does a solicitor who specialises in Court of Protection do and when should you speak to one? 

As specialists acting in the Court of Protection, the team of solicitors at CJCH can advise you on any areas that affect capacity law or best interests. We can advise on any disputes arising on whether a person has capacity for a specific decision, how a person’s personal welfare is being managed and challenges to a deprivation of liberty. We also have extensive experience advising on capacity and best interests concerning medical treatment, including the most serious cases before the High Court.

What is a Deputy?

A Deputy is a court-appointed individual to act in a person’s place to make decisions in their best interests, where the individual has been assessed as lacking capacity. Deputies can act in two areas, for health/welfare (less common) or property/financial affairs (more common). To be appointed a Deputy, the person seeking to act in this role must make an application to the Court.

Who can become a Deputy? Are there any rules surrounding this?

A Deputy must be over the age of 18. A Deputy is typically a relative or close friend of the individual concerned, but not always. Some Local Authorities will act as a Deputy for individuals in their area. There are also “professional” Deputies who act for a fee. There can be more than one Deputy appointed.

Deputies will be bound by obligations placed on their actions by the Mental Capacity Act 2005. They must also prepare an annual report detailing how they have acted in the individual’s best interest.

What is a Lasting Power of Attorney (LPA)? 

An LPA is a legal document that lets a person provide authority to another to assist them in making decisions about their health/welfare or property/financial affairs.

A crucial distinction between Attorneys and Deputies is that the Attorney must be appointed by the individual concerned when they have capacity to do so. If a person is assessed as lacking capacity, they cannot lawfully appoint an Attorney.

Who can become an Attorney? Are there any rules surrounding this? 

Similar to Deputies, an Attorney must be over the age of 18, and is typically a relative or close friend of the individual concerned, but not always. There are also “professional” Attorneys who act for a fee. There can be more than one Attorney appointed, who can act together or separately. For example, a parent may appoint more than two children to act as Attorneys to assist with decisions on finances.

What is the Office of the Public Guardian?

The Office of the Public Guardian is the body that oversees Deputies and Attorneys in England & Wales and investigates any complaints or concerns on how they may be acting.

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Face masks to be worn indoors in public places, as per Government Guidelines

The Welsh Government have set rules in place that as of Monday 14 September 2020, appropriate face masks must be worn indoors in public places by anyone over the age of 11.

As such, all CJCH offices will be applying this rule and all visitors should ensure that they are wearing the required mask for their own safety and the safety of our staff.

Should anyone have any problems or difficulties wearing a mask into our offices, please do contact the person you are meeting with directly via phone or email, and alternative arrangement can be made to accommodate your needs.

See full details of the  Government Guidance here.

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Help for Domestic Abuse – Life in Lockdown

Answers by Sarah Perkins

Sometimes the more difficult something is to talk about, the more important it is that we do. At CJCH, we aim to be as accessible and supportive as we can be, and to assist our clients in their times of need.

Disturbingly, domestic abuse cases have increased over the coronavirus lockdown period, but the team at Women’s Aid said it best when referring to their recent survey  that “Covid-19 does not cause domestic abuse, only abusers are responsible for their actions.”  However, they found that 76.1% of survey takers said they were having to spend more time with their abusers, and a number of those already experiencing abuse reported that the abuse had become worse during this time (via Womanaid.org.uk).

Our head of Family and Matrimonial Law team, Sarah Perkins, recently participated in the Law Society’s twitter forum (Solicitor Chat) on Domestic Abuse. We wanted to share this information with everyone in the hopes that it could help more people. Before we outline the legal aspects to consider we wanted to remind you that if you or someone you know is in danger, or being abused, there are support organisations in place to assist you:

      • Emergency: 999 You are always able to contact the police for assistance
      • Refuge: 0808 2000 247 (The National Abuse helpline)
      • Women’s Aid (online support options)
      • Atal Y Fro: 01446 744755 (immediate help in Wales)

Q1: How can a solicitor help victims of domestic abuse during the Coronavirus pandemic?

Sarah’s Feedback: Although many offices may be closed during this pandemic, we as solicitors are still very much available and working to assist victims of domestic abuse.  We are offering virtual consultations by way of telephone or video calling applications and are contactable by email.  Depending on an individual’s situation, we can make applications to the Court for Non-Molestation Orders and Occupations Orders on an emergency basis.  We are also able to provide contact details for and assist in putting an individual in touch with Domestic Violence Agencies and other vital support services in their local area.

Q2. What are occupation orders and non-molestation orders and how can they help to protect someone suffering from domestic abuse?

Sarah’s Feedback: Both Orders are key in helping to protect victims of domestic violence, including individuals and any relevant children who are considered to be at risk. Relevant children are children under the age of 18 years who live with or are expected to live with either party or who are the subjects of any Family Court Proceedings linked to the application or any other child whose interests the Court deems relevant.

A Non-Molestation Order is a protective order and its aim is to clearly set out what a person must not do to another.  An Order can prohibit a person from using or threatening physical violence and from harassing, pestering or intimidating the Applicant.  Non-Molestation Orders can be very specific and prohibit a person from entering a certain area, for example, the street in which the Applicant lives or their place of work.  It can also specifically set out that a person must not contact the Applicant or encourage anyone else to do so on their behalf, either directly or indirectly via telephone, text message, email and other social media platforms.

The Court must be satisfied that the Applicant and any named relevant children would be at risk if an order were not made and that the health, safety and well-being of the Applicant and any relevant children require the making of an Order.

Non-Molestation Orders are made for a specified period of time, usually 6 months.  An application can be made to the Court towards the end of that term should further protection be required.

An Occupation Order allows the Court to decide who should live, or not live, in the home or any part of it. The Respondent could effectively be required to leave the home because of his/her violence or behaviour towards the Applicant or the effect that his/her presence is having on the children. When deciding whether or not to make an Occupation Order, the Court must consider all the circumstances, including:

      • The housing needs and housing resources of each of the parties and of any relevant child;
      • The financial resources of each of the parties;
      • The likely effect of any Order (or of any decision by the Court not to exercise its powers) on the health, safety or well-being of the parties and of any relevant child;
      • The conduct of the parties in relation to each other, and:
          • Whether the Applicant or any relevant child is likely to suffer significant harm attributable to the conduct of the Respondent, and;
          • Whether the harm likely to be suffered by the Respondent or any relevant child if the provision is included is as great or greater than the harm attributable to the conduct of the Respondent which is likely to be suffered by the Applicant or any relevant child if the provision is not included.

An Occupation Order can also include arrangements for payment of the mortgage and/or utilities relating to the property for a fixed period of time.

Q3: What happens if someone breaks the rules of an injunction or order?

Sarah’s Feedback: Breach of a Non-Molestation Order is a criminal offence and should be reported to the Police immediately.  The person in breach of the Order can be immediately arrested and if found guilty of the offence could face up to five years in prison.  Alternatively, an application could be made to the Family Court that made the order, to have the Respondent for contempt and arrested and / or punished.  If the Respondent is found to have breached the order they may be sent to prison, fined or be given a suspended sentence of imprisonment. The Family Court does not, however, have the range of sentencing powers that criminal courts have.

If a power of arrest has been included in an Occupation Order, Police can arrest.  Otherwise, breach of an Occupation Order is contempt of court and an application should be made to the Family Court that made the order, as set out above.

Q4: What is the application process for an injunction or order and how can a solicitor help?

Sarah’s Feedback: In order to apply for a non-molestation or occupation order you must be associated to the Respondent. You are associated if you and the Respondent:

      • are or were ever married or engaged to be married
      • are or were ever in a civil partnership or had agreed to form a civil partnership
      • are or were living together (this includes same-sex and opposite-sex couples)
      • live or have lived in the same household, for example as a flatshare (but not as a tenant, boarder, lodger or employee)
      • are relatives including parents, children, grandparents, grandchildren, siblings, uncles, aunts, nieces, nephews or first cousins (whether by blood, marriage, civil partnership or cohabitation)
      • have a child together or have or had parental responsibility for the same child
      • are parties to the same family proceedings for the same child
      • are or were in an intimate personal relationship of significant duration

There are two ways of obtaining a Non-Molestation Order, “without notice” and “on notice”.  “Without notice” applications are emergency applications in cases where the risk is imminent or there is a real risk that the Respondent will cause you further harm if he or she were to know that you were applying for an Order.  There is no Court Fee payable on application

A standard application form (FL401) must be completed together with a  witness statement giving details of your relationship, any relevant children, past history of violence and the events which led you to make the application. The statement should also set out what you want the order to do. The documents are filed at Court.  If the application is “without notice” then the first hearing will take place almost immediately without the Respondent’s knowledge and an interim Order can be made with arrangements for a return hearing usually within a week or so.  Both parties attend the return hearing which gives an opportunity for the Court to review the position and ascertain whether or not the Respondent wishes to challenge the Order.  The Order must be personally served upon the Respondent and will only be effective and enforceable once served.  In the event that the Respondent wishes to challenge then the Court will make various directions for further documentation and set the matter down for a Contested Final Hearing at which both parties will be expected to give evidence, following which Final Orders will be made.

If the application is not considered to be an emergency application then the same application form and statement is filed at Court but both parties are informed of the Hearing date and the Respondent is served with the application in advance of the hearing taking place.

Solicitors will be able to provide advice to ensure that you are entitled to make the application, advise upon your prospects of success, that the correct applications are being made following the correct procedures.  We will complete the Application and prepare the witness statement, file the application and Court and represent you at the hearing.  Where necessary, we would arrange service of the Orders.

Q5: What Legal Aid is available for domestic abuse victims?

Sarah’s Feedback: Legal Aid is available for domestic abuse victims however, subject to a means and merits test, criteria set by the legal aid agency.  An individual’s financial circumstances require assessment.

If you need help, or would just like to discuss your options, contact the CJCH Family and Matrimonial Law team, full contact details here.

 

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Mental Health Awareness Week: Unlocking lockdown

By Sarah Newport

We hope that our clients and their families are all keeping safe and well during the coronavirus crisis.

Sarah Newport

The Court of Protection team here at CJCH have been busy during the lockdown, continuing to represent vulnerable individuals and their families. We have been on hand to assist in ‘unlocking the lockdown’ to guide our clients through the emergent impact of the coronavirus pandemic.

There has been guidance coming from all directions across the legal, medical, and community care professions. All of which have been insightful and helpful, but can be daunting for an individual to review and understand. Our team has been keeping on top of the guidance to break vast amounts of information down to the crucial issues for our clients.

We are proud to have supported Mental Health Awareness week, seeing the initiative remain at full strength is a pleasure. It is important now more than ever that the promotion of mental health support is as prevalent as possible.

Lockdown and the rights of the individual

We are all feeling the effects of the lockdown and the separation from loved ones. However, the coronavirus has unfortunately impacted vulnerable individuals and those lacking mental capacity to a disproportionate degree.

Our team has been keeping a keen eye on ensuring that our vulnerable clients are not being inappropriately subjected to ‘blanket policies’ in care settings, whether it be in a hospital, care home, or supported living placements.

We have taken a strong stance in reminding public bodies of their duties in taking a person-centred approach.

We have been advocating strongly for family contact to be maintained in whatever creative, but safe, way possible. We have enjoyed checking in with our lovely clients via platforms such as Skype or Zoom and we appreciate the occasional guest star when pets or children make an appearance!

Question: What can I do if I have concerns about a person who lacks mental capacity?

It cannot be emphasised enough that the protection offered by the Mental Capacity Act 2005 prevails. The principles of the legislation and the Deprivation of Liberty Safeguards (DoLs) remain unchanged during the pandemic. Groups of individuals who lack capacity cannot be treated the same, restrictions must be considered on a person by person basis.

If somebody is deprived of their liberty under a ‘DoLs’, any greater restriction during the pandemic must be lawfully authorised. The relevant public body must conduct an appropriate review.

If there is any dispute about a person’s best interests, an application to the Court of Protection remains the appropriate route to resolve this. The Court of Protection has adapted to lockdown quickly and efficiently with cases are being heard remotely every day.

If you are worried about a vulnerable person at this time, the CJCH Court of Protection team is available to assist, click here for our contact information. CJCH Here for you. 

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Lockdown Justice – Family and Children matters

By Sally Perrett

On the 23rd of March, we went into lockdown procedures for our own safety and the safety of our community, due to the Covid-19 pandemic. Now, at the end of our 8th week of “stay at home” precautions, we face a minimum of two more weeks at home, followed by a period of uncertainty as we adjust to the “new normal”.

Sally Perrett

The lockdown has not been easy for anyone, and we have seen tremendous acts of selflessness and dedication from our various key workers who have stepped up and kept our essential services functioning. Thank you to all of you.

All through this period, our clients at CJCH Solicitors have continued to need assistance in matters relating to various family and childcare scenarios.

How, for example, do separated partners with shared custody of their children make arrangements for access to their children, or seek enforcement of their rights? In a Covid-19 world, these are not easy situations and take a new way of thinking to address.

That said, we continue to be here for you, the courts are still proceeding with hearings and cases are still being resolved. Today, Sally Perrett answer some of your questions in the hopes that this assists others with their concerns, Q&A below.

Sally is a senior solicitor at CJCH, and is the head of our Childcare Law department, bringing years of specialist experience to advise her clients on these often difficult situations.

Q: Are the courts still functioning, will my legal matter be heard during lock down?

Sally Says:

The Family Courts are still operating, and so far we have seen cases already listed taking place as normal albeit ‘remotely’ by way of telephone hearing or video meeting.  New applications can still be made but may take longer to be listed as emergency applications are being prioritised.

Q: I have custody of my children and my ex would like to see them/have them visit. Can I allow this?

Sally Says:

The Government has issued specific rules on staying at home and away from others, ‘The Stay at Home Rules’. Guidance has been issued alongside these rules specifically dealing with child contact arrangements “ where parents do not live in the same household, children under 18 can be moved between their parents’ homes”.

This does not mean that children must be moved between homes. The decision whether a child is to be moved between parents and homes is ultimately a decision for the parents following a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other.

Q: My ex has custody of our children and is refusing me access. What do I do?

Sally Says:

If you have a Court-Ordered Child Arrangements Order in place and a breach of the child arrangement order occurs there is the option of applying to the Court to have the order enforced, however, there is a strain on Court services currently and your application may not be dealt with urgently unless there is a child protection concern. The Court is unlikely to make an order for enforcement if it is satisfied that the parent refusing access had a reasonable reason not to adhere to the child arrangements order. 

That being said the Courts are aware that parents could potentially use the current situation to frustrate arrangements that have previously been Court ordered and it is, therefore, possible that a sanction could be issued. 

Q: I think my neighbours are abusing their child/children. What do I do?

Sally Says:

You should contact your local Children’s Services department who will investigate the situation further. You can do this by contacting your Local Authority’s general number and asking to be put forward to Children’s Services to make a referral. You will then be put through to the duty team. You can choose to remain anonymous if you wish to do so. Some Local Authorities are giving out an email address to contact so you may want to contact the NSPCC (National Society for the Prevention of Cruelty to Children) on 0808 800 500 who will make the referral to your local Children’s Services department for you. If you think it is an emergency situation and a child is at immediate physical risk, contact the police.

 

For more information, or to arrange a consultation, please contact our  Family and Childcare team. Contact information provided here.

 

 

 

 

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24 March 2020 – Update on Corona Virus status

As we posted recently the CJCH team will continue to support our clients where possible to do so, however, we have now closed our offices as per the guidelines regarding the Covid-19 (coronavirus) outbreak. Even though our offices are shut for the time being, for your health and safety and ours, we will continue to provide our services as far as possible if needed.

Our telephone lines are still open, and you can reach us at:

  1. Cardiff: 02920 483 181
  2. Barry: 01446 420 043
  3. Bridgend: 01656 457 466
  4. Blackwood: 01495 227 128

Our emergency 24-hour line: 07967 305 949

 

And you can reach our direct departments via our email contacts:

  1. Residential property, Wills, and Estates: privateclients@cjch.co.uk
  2. Family, Matrimonial, Divorce, and Childcare: family@cjch.co.uk
  3. Mental Health Law, Deprivation of Liberties, and Court of Protection: mentalhealth@cjch.co.uk
  4. Criminal Defence Law: criminal@cjch.co.uk
  5. Commercial Property, Litigation, Employment, and Corporate Law: commercial@cjch.co.uk
  6. General Enquiries: admin@cjch.co.uk

The CJCH team will continue to help all our clients across childcare, family, mental health, court of protection, deprivation of liberties, wills and estates, property, commercial, criminal defence, and intellectual property matters wherever physically possible to do so. Please don’t hesitate to contact us.

Stay safe all – CJCH Team

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Here for you – CJCH Solicitors to continue providing services for clients

The CJCH team are monitoring the COVID-19 (Coronavirus) situation closely and are adhering to the guidelines put in place by the government and public health authorities. The personal health and wellbeing of our staff, clients, and the communities in which we operate are of the utmost importance to us, and we will continue to do everything in our power to reduce risk where possible.

Currently, CJCH is operating as per usual, albeit with heightened protective measures. We wanted to provide an update of additional precautions we have put in place as part of our business continuity plan. 

We are asking staff and clients to minimise the needs for in-person meetings over this period and to use other options (outlined below) to correspond with clients where possible. We are also asking staff, clients, and visitors not to shakes hands or come into any form of personal contact with each other where avoidable.

Our staff will ensure they are fit and healthy when they come to work and perform their duties, and will self-isolate if they feel unwell prior to coming to work, as per the symptoms outlined by the Government and Department of Health.

We always promote a healthy work environment with high standards of hygiene, and to address the seriousness of this situation we have increased our hygiene precautions further. All four of our offices have anti-bacterial soap and other hygiene amenities required, and staff have been briefed to wash their hands regularly, reduce personal contact, and sanitise their work stations.

We understand that the services we provide can be critical to the wellbeing of our clients and their livelihoods, and we, therefore, commit to continue to provide these services in any format that is safe and reduces possible risk to all involved. As such, with immediate effect we are offering our clients the following options to replace in-person meetings:

  • Video conference meetings – our team have the facilities for Skype, FaceTime, Whereby Meetings, MS Teams, Google+ Hangouts, and Zoom. They will set up a video meeting with you and assist you with the details if you are not familiar with these services or try to accommodate another format you are more comfortable with.
  • As always, you have the option of conference call/telephone discussions with your solicitor. Please see a full list of our contact numbers at the end of this message.
  • Email support for your matters – please find the list of departmental contact details at the end of this message.

If we are required to close one, or all, of our offices for whatever reason, we will endeavour to continue to provide our services to our clients in any reasonable format, and to the professional standards, our clients are used to. We will monitor the operations of the courts, tribunals, and other related organisations to advise clients of any impacts or delays to their matters where possible.

For more information and advice on COVID-19, please follow this link from the NHS: https://www.nhs.uk/conditions/coronavirus-covid-19/

CJCH Direct contact numbers:

  1. Cardiff Head office: +44 (0) 29 2048 3181
  2. Barry Office +44 (0) 14 4642 0043
  3. Bridgend Office +44 (0) 16 5645 7466
  4. Blackwood office +44 (0) 1495 227 128
  5. 24 Hour emergency line : +44 (0) 7967 305949

CJCH Department direct contact emails:

  1. Residential property, Wills, and Estates: privateclients@cjch.co.uk
  2. Family, Matrimonial, Divorce, and Childcare: family@cjch.co.uk
  3. Mental Health Law, Deprivation of Liberties, and Court of Protection: mentalhealth@cjch.co.uk
  4. Criminal Defence Law: criminal@cjch.co.uk
  5. Commercial Property, Litigation, Employment, and Corporate Law: commercial@cjch.co.uk
  6. General Enquiries: admin@cjch.co.uk

CJCH Solicitors will always operate with our staff and client’s best interests at heart, and we are positive we will be able to continue to support you during these uncertain times.

All work-related travel is put on hold for our staff, including locally to major cities such as London. We are also asking staff to reduce persona travel and to inform us of any personal travel they have planned to allow us to assess the impact.  

Please do everything possible to ensure your wellbeing and the wellbeing of those around you. 

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International Women’s Day – Celebrating the Women at CJCH

In support of International Women’s Day 2020, we interviewed Fuen, Allison, Sally and Rebecca from our Cardiff, Blackwood, Barry and Bridgend offices to talk about why it is important to celebrate International Women’s Day and how we can achieve gender equality in the legal profession.

Why is it important to celebrate International Women’s Day?

It is important to celebrate National Women’s Day to honour the achievements of women throughout history. We must celebrate the part they have played in minimising discrimination against women and increasing their access to rights enjoyed by men. But also to celebrate women of all backgrounds, ages and cultures coming together for one cause, to strengthen and empower women.

What woman inspires you the most?

A woman who inspired me was Princess Diana. Marrying into the Royal Family gave her a life of material luxury which she could have enjoyed without a care in the world. However, she took it upon herself to use her celebrity status to help as many people as possible. She raised awareness of humanitarian issues. She worked tired for charities and her selfless attitude can be summed up by one of her most famous quotes “Anywhere I see suffering, that is where I want to be doing what I can” She used her immense influence to shine a light on forgotten causes.

What can we do to achieve equality in the legal profession? 

Whilst we have undoubtedly made progress over the years, we are still not where we need to be. The three main things the legal profession should focus on is closing the gender pay gap, raising awareness of unconscious biases and making work more flexible around family obligations.

I think generally women need to support other women. Whilst this might be a cultural problem, employers definitely play their part. I’m glad that CJCH encourages a culture of female employees supporting and empowering each other.

Have you encountered any challenges as a woman in your career?

Yes, however, they are more than visible challenges. Most of them are not obvious and they have more to do with the way in which women are educated and the constrained expectations society has on us. For example, because of this subtle, often unnoticed sexism, women tend to second guess their own judgement, seek external validation or moderate their speech in professional settings. For example, saying “If I may…”, “maybe…”, “perhaps…” before interjecting in a conversation, which is observed less in male colleagues. On a personal note, I have reflected and worked on this, and I invite all women to not let this “invisible” sexism to undermine their true potential.

There are “visible” challenges society still must overcome in order to achieve real equality, one of the biggest being the impact of parenthood on women’s careers, compared to the small impact it usually has on men.

What does women’s empowerment mean to you?

To me, women’s empowerment means nonconformism with injustice and one’s capability to get rid of artificially imposed behaviours.

What do you think is the biggest issue today facing women in your profession?

Starting a family and striking a balance between children and work is challenging, although this is not limited to the legal profession.

There is pressure on returning to work to enable career progression. Although shared maternity/paternity is available, the perception is still that the mother should take the time off.

Ultimately, there is the added pressure that this will impact on career development and advancement.

On international women’s day, what is the most important message you want to send out to young women thinking about a career? (Or Career in Law)

I am fortunate enough to work in a firm where there is no gender bias, indeed we have an equal split of male and female senior partners, giving me the same opportunity to progress along with my male colleagues.

The historic misconception of gender imbalance has long since passed in most professions and regardless of your choice of profession, I would encourage women to pursue their chosen career and set aside any fears of being overlooked by men.

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International Women’s Day & The Equality Act

As International Women’s Day approaches, it is a time to reflect and celebrate the amazing accomplishments of women around the world and how far we have come in advancing the rights of women.

However, it is also a time to refocus on what needs to be done in order to achieve gender equality here in the United Kingdom and around the world.

With this in mind, CJCH’s Charlotte Bardet, (updated) qualified solicitor and software piracy client account lead, examines gender equality in the workplace in relation to the Equality Act 2010. In addition to how the legal profession can improve its record on the pay gap, hiring practices and work/life balance to help reach full gender equality.

What is The Equality Act 2010 and how does it impact the workplace?

The Equality Act 2010 is an Act of Parliament that consolidated and updated over 116 pieces of prior legislation relating to anti-discrimination law in Great Britain (Act does not apply to Northern Ireland) into one single Act.

Prior Acts included: Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976 and Disability Discrimination Act 1995

The Act protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

What is classed as gender discrimination? What are the differences between direct and indirect discrimination?

Under the Equality Act 2010, you must not be discriminated against because:

  • you are (or are not) a particular sex;
  • someone thinks you are the opposite sex (discrimination by perception);
  • you are connected to someone of a particular sex (discrimination by association).

Sex can mean either male or female, or a group of people like men or boys, or women or girls. This can be a one-off action or caused by a rule/policy. Importantly, it does not have to be intentional – someone may discriminate without realising it or meaning to.

There are four main types of gender/sex discrimination:

  • Direct discrimination – treating someone less favourably because of their sex than someone of the opposite sex would be treated in the same circumstances.
  • Indirect discrimination – when an organisation has a rule, policy or practice which applies in the same way to both sexes but which places someone of a particular sex at a disadvantage to the opposite sex.
  • Harassment
  • Victimisation

There are some exceptions that allow employers or organisations to discriminate because of your sex, including if it is an occupational requirement or if the organisation is taking positive action.

If you believe you’ve been discriminated against in your workplace because of your gender, what can you do

Firstly, complain/speak directly to your employer first to try and sort out the problem informally. Secondly, if the matter cannot be settled informally, talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice or a trade union representative.

Use mediation or alternative dispute resolution to try and settle the matter out of court. Finally, seek legal advice and potentially take a claim to the Employment Tribunal for discrimination.

 What are the main things employers can do to build a gender-equal workplace?

  • Train staff, and team managers in particular, how to identify discrimination when it takes place, how to deal with it and how to prevent it from happening again.
  • Ensure that both genders are treated fairly and equally in recruitment, training, hiring and promotion
  • Reassess job specifications for senior management positions and identify what barriers have been constructed which prevents either sex from filling them.
  • Remove the gender pay gap and be transparent about pay. Each position should have a pay bracket that outlines the salary for that role.
  • Prioritise a work-life balance and allow for flexible work arrangements.

Finish the sentence: We know we’ve achieved gender equality within the legal profession when…

My top three would be:

  • Legal letters no longer start with ‘Dear Sirs’
  • It is no longer known as a profession dominated by men in suits.
  • There are as many female partners as there are male partners (CJCH is proud to have gender equality on our board of directors)

Get in touch :

We know that discrimination in the workplace is a sensitive issue and difficult to talk about. That’s why our specialist team can assist you in getting a fair and quick solution. Get in touch with a member of our team today:

Email: employment@cjch.co.uk

Telephone: 0333 231 6405

Announcements

Winner: Public Law Team of the Year 2022 – Wales Legal Awards

We are proud to announce that the CJCH Court of Protection team was named the Public Law Team of the Year in the 2022 Wales Legal Awards. Recognising the work they do with individuals who lack the capacity to act in their own best interests.

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Winner: Cardiff Life Awards 2019

With a dedicated focus on service excellence, and a passion for innovation the CJCH team was the proud winner of the best Legal and Financial Business of the Year in Cardiff for 2019!

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CJCH Solicitors appoints new Board member

Wales top 20 Law Firm and 2018 Financial and Professional Services Firm of the Year in the Cardiff Business Awards - CJCH Solicitors, has announced a major promotion in their leadership team welcoming Jodi Winter to their Board.

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Winner: Cardiff Business Awards 2018

CJCH Solicitors has experienced unprecedented growth and achieved important milestones over the last few years, all of which have culminated in the first half of 2018 being a prosperous year for us at the Firm and winning the Financial and Professional Services of the Year award.

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