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CJCH Solicitor and Department Ranked in 2024 Partners and Chambers Guide

The CJCH Leadership team is excited to announce that one of our Solicitors, Amy Roberts-Rees, who is a Partner in charge of our Mental Health and Court of Protection Law departments, has been ranked in the 2024 Chambers and Partners Guide. This has been announced today along with the ranking of our Court of Protection department as a whole.

Chambers & Partners recognises the top law firms and lawyers globally. For the firm to be ranked for the first time is a prestigious accolade and really puts us on the map.  

Some quotes from clients and referees include:

“Amy is always entirely on the ball and knows what is going on.” “She is always available to her clients and has a broad knowledge of the law.”

“The team are very responsive.” “The firm’s lawyers are able to navigate complex matters with skill and pragmatism.”

This is a fantastic achievement and we are incredibly proud of the team!

New Land Transaction Tax changes from 10 October 2022 – what you need to know

By Natalie Summers – Head of CJCH Solicitors Conveyancing

SDLT

Stamp Duty Land Tax (“SDLT”) is a tax imposed by the government on the purchase of land and properties with values over a certain threshold in England. The amount of SDLT payable is calculated on a % of the purchase price paid. The changes announced to Stamp Duty in the September 2022 mini-budget amend the threshold at which SDLT becomes payable. The new rates are:

House Value   Stamp Duty
£0 – £250,000 0%
£250,001 – £925,000 5%
£925,001 to £1.5m 10%
Over £1.5m 12%

This means that if you are purchasing a property for £250,000 or less then you will not pay any SDLT.

First Time Buyer

Provided you, and anyone you are buying with, are a First-Time Buyer, you will additionally benefit from 0% SDTL on the first £425,000 value of the property, under the condition that the purchase price is less than £625,000.

You will pay 5% SDLT on the portion from £425,001 to £625,000. If the purchase price is over £625,000 you cannot claim the relief.

Additional Properties

You will have to pay 3% on top of the SDLT rates if when buying a new property, following completion you will own more than one property.

You will not pay the extra 3% SDLT if the property you are buying is replacing your main residence which has already been sold.

If you have not sold your main residence on the day of completion, you will have to pay the higher rate. This is because you will own two properties. You can apply for a refund of the extra SDLT if you sell your previous main residence within 36 months of completion of your new main residence purchase.

LTT

Land Transaction Tax (“LTT”) is a tax imposed by the government and is payable on the purchase of land and properties with values over a certain threshold in Wales . LTT replaced SDLT in Wales in 2018. The amount LTT payable is calculated on a % of the purchase price paid.

The Welsh Government have announced the new tax bands after 10 October 2022 which are as follows:

House Value Land Transaction Tax
£0 – £225,000 0%
£225,001 – £400,000 6%
£400,001 – £750,000 7.5%
£750,001 – £1.5m 10%
Over £1.5m 12%%

This means that if you are purchasing a property for £225,000 or less then you will not pay any LTT.

First Time Buyer

There is no additional First Time Buyer relief in Wales

Additional Properties

You will have to pay 3% on top of the LTT rates if when buying a new property, following completion you will own more than one property.

You will not pay the extra 3% LLT if the property you are buying is replacing your main residence and that has already been sold.

If you have not sold your main residence on the day of completion, you will have to pay the higher rate. This is because you will own two properties. You can apply for a refund of the extra LLT if you sell your previous main residence within 48 months of completion of your new main residence purchase.

 

For more information, speak to our experienced residential property and conveyancing team at CJCH Solicitors. With offices across South Wales, we are here to help you.

School attendance in the heat – Our childcare team provide insight

By Sally Perrett – Solicitor | Head of Childcare Law

The UK is bracing for sweltering heat this week as the first-ever red warning for extreme heat is implemented today with temperatures expected to hit 107 (41c) in some parts of the country. It is likely to be the hottest day ever. The temperatures are not expected to be quite so high in Wales but nevertheless, an amber warning remains in place.

As with the pandemic, health chiefs fear the NHS could be overwhelmed by heat-related casualties if temperatures rise to the levels predicted.

There has been some discussion as to whether schools should remain open under the circumstances.

Schools follow the same regulations as workplaces. Under the workplace (Health and Safety Welfare) Regulations 1992, Employers have a legal obligation to ensure that the temperature in the workplace is “reasonable”. Despite the guidance under law, the government has not specified a specific temperature in the workplace which would mean employers, or in this case, pupils are sent home.

Ultimately it is up to the headteacher to decide whether the temperature in the school is suitable for teachers and pupils.

Some schools across the UK have given parents the option to keep children at home or to collect their children early, particularly on Monday. Most have chosen to remain open following practical and sensible advice. Public Health Wales has issued guidance on looking after children in extreme hot weather.

Schools are having to balance this tricky decision between the welfare of their staff and pupils, the issue of many parents, particularly key workers still having to attend work during the heatwave and the supervision of more vulnerable children during these unprecedented temperatures.

There is no hard and fast rule regarding keeping children home in these circumstances, it is ultimately down to the individual school and to the parent if they are concerned about how their child might cope with the temperature.

 

For childcare legal matters, contact our team here: https://www.cjchsolicitors.co.uk/personal-law/family-and-childcare-law/

UK heatwave and the work environment – Our employment law team weigh in

By Max Wootton – Senior Partner

As the heat wave continues to linger across the United Kingdom, many are asking what the potential impacts are on the working environment. The Health and Safety Executive (HSE) does not provide a recommendation on the maximum workplace temperature. This is because it is difficult to set any meaningful figure at the upper end of the scale due to the high temperatures found in, for example, factories or glass works.

Factors other than air temperature can also come into play in hot working environments, including radiant temperature, air velocity and humidity. That said, if the temperature at work is uncomfortably high because of hot processes, or even building design, the employer must still take all reasonable steps to ensure that workplace temperatures are at a comfortable level.

Employers have a statutory duty under the Health and Safety at Work etc Act 1974 to ensure, so far as reasonably practicable, the health, safety and welfare of their employees at work. This means that all employers are required by law to protect their employees from harm, including harm caused by excessive or uncomfortable workplace temperatures.

The Management of Health and Safety at Work Regulations 1999 require employers to undertake a risk assessment of the risks to the health and safety of their staff and take steps to control those risks where necessary. Under the 1999 regulations, an employer must:

  • identify the possibility of illness or injury from workplace temperatures
  • decide how likely it is that someone could be harmed in this way and how seriously
  • take action to eliminate the hazard, or if this isn’t possible, control the risk.

For most businesses exposed only to seasonal risks from hot or cold temperatures, the steps that need to be taken to control these risks are fairly straightforward. In most cases, this will be less about reducing the risk of illness or injury, and more about ensuring the thermal comfort of employees at work. Thermal comfort describes how acceptable a person considers their temperature, ie; whether they feel too hot or too cold.

 

For more information or assistance with employment law and HR service matters, speak with our team: https://www.cjchsolicitors.co.uk/business-law/employment-and-hr-services/

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.

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.

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.

 

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. 

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.