Hilary Homfray joins Anthony Collins Solicitors after working for Birmingham City Council for 14 years. With more than 60,000 properties, she was kept busy!
Campaigners have argued that changes being made to care worker arrangements at Botton Village, a community for people with learning disabilities in Yorkshire, breached human rights.
The case centred on the steps the charity was taking to meet HM Revenue and Customs requirement that 'co-workers', who have historically provided much of the care in Botton Village in shared living arrangements, be treated as employees. These workers had previously benefitted from an agreement by which they paid no tax on the considerable benefits they received.
A number of co-workers refused both the charity’s offer of an employment contract and its authority over the provision of support to the people with learning disabilities. As a result, the charity sought to introduce replacement employed care staff but this was halted on 13 March when the High Court granted interim relief preventing the charity from taking action. That order has now been varied on 25 March when permission for the judicial review was refused.
Helen Tucker of Anthony Collins Solicitors, the specialist law firm appointed by the charity, said:
“As a charity, Camphill Village Trust seeks to avoid legal disputes where possible. In this instance, the charity trustees had no option but to respond urgently to the claim brought against them.
The Court decided that the claim was “unarguable” as the charity had made an “evaluative decision” as to how it could most effectively meet its obligations to the learning disabled people it supports. This came as a relief to our client and a vindication of the work being done by the charity’s staff and trustees. They are working hard to ensure the charity meets all regulatory requirements in a way that meets the needs of the people it works with.”
The matter returns to court on 15th April, as the residents' solicitors have issued a renewed application for permission.
For more information
Please contact Kate Granger
The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.