The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Government statistics show that, on average, most cases take 12 years to resolve in the current litigious system, and it is hoped that the new system will lead to quicker resolutions for families with earlier payments of compensation made. The scheme would involve independent investigators considering the treatment provided and presenting their findings to a panel of legal and medical experts who decide if compensation is warranted. If families are not satisfied with the decision of the panel, then they are still entitled to pursue legal action.
Whilst it is positive that the Government is looking at alternative systems to address lengthy delays in resolving such claims, there is very little known at this stage as to when the scheme will be introduced and how it will operate. There are concerns that additional delays may be caused by entering into such a scheme, and later having to pursue a legal action when the findings are not satisfactory, as is often the case in the current system when independent investigations are undertaken during the complaint process.
For any children who have unfortunately suffered a brain injury as a result of suspected medical negligence, this is not satisfactory and families should not wait until more is known about the scheme before considering whether to take legal action.
For more information
We have a number of solicitors who specialise in dealing with claims involving brain damage caused as a result of negligent treatment during pregnancy, in labour or during the neonatal period. If you wish to discuss any concerns in that regard, please contact Victoria Fullilove.
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
Following the Grenfell Tower tragedy, building safety continues to be a key concern for social housing providers and their residents.
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