The Academies Financial Handbook is updated annually by the Department for Education and the Education and Skills Funding Agency; it contains a number of governance requirements for academy trusts.
The Bill received “pre-legislative scrutiny” by the Home Affairs Committee who published their report on 15 February 2013 making recommendations for changes before the draft Bill goes through Parliament. It is not likely to become law until 2015.
There has been much debate about three changes in particular – getting rid of the ASBO; changing the well-established Injunction (ASBI) and introducing a mandatory possession option for ASB. The Home Affairs Committee addressed the first two in some detail but strangely their Report is entirely silent on the mandatory possession proposals even though this issue occupied much of the evidence before the committee.
The Bill as it stands proposes five conditions which if they exist can lead to a mandatory possession order such as where they have already been convicted of a serious offence or have breached an ASB injunction. These ‘mandatory grounds’ would in theory speed up the process of eviction and thus reduce costs and the impact on suffering witnesses and their communities. The concern remains that “proportionality” challenges will be brought and derail the process but in our view the recent case law is proving more helpful to landlords and it is becoming much harder for occupiers to succeed in such challenges.
The proposed new Injunction to Prevent Nuisance and Annoyance (IPNA) will extend to minors aged 10+ and is likely to still be the main tool used by landlords. However, the Home Affairs Committee considers that the definitions of ‘nuisance’ used within the IPNA are too broad, and wants to introduce “intent or recklessness” to the definition. This will be messy to prove.
The Bill also proposes a greater level of community involvement in the punishment of ASB offenders. This is called the “Community Remedy” and means that local areas would be able to decide (within reason) what punishments are used to tackle low level crime and ASB out of court. The Committee want to avoid creating a “modern day stocks”.
Helpfully the Committee recognises that current court timescales do not reflect the misery caused by ASB and that cuts to court services have not assisted. As they noted, housing providers deal with over 300,000 ASB cases each year and due to cuts to other services it is not likely this number will decrease. This is why we support the mandatory ground – even if cases are defended it should be a quicker route than at present. We continue to experience significant delays in listing contested cases for trials and can only hope ASB cases will get more priority in future.
Helen Tucker is a partner at Anthony Collins Solicitors.
Supreme Court publishes key decision for those working in the UK’s gig economy.
From 6 April 2021, it will be the responsibility of medium and large private sector organisations to assess whether contractors working through an intermediary come within the ambit of IR35.
The 'Chocolate Snowman Appeal' is an amazing initiative that Anthony Collins Solicitors' (ACS) employees take part in every year.
The Building Safety Bill (the Bill) is said to be the most significant and wide-ranging change to the regulatory environment for higher risk building (HRBs) for over 45 years.
On 4 November 2020, the Restriction of Public Exit Payments Regulations 2020 (the Regulations) came into force; exit payments for the public sector were capped at £95,000.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
Anthony Collins Solicitors is today (Thursday 11 February) revealing the scale of its social impact during 2020.
In their first podcast of this series, current and future trainees will discuss their journey and route to securing a training contract at Anthony Collins Solicitors.
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.