n this update, we have focussed on the headline governance and regulatory issues that are facing RPs at this time. as we all deal with the Covid-19 crisis.
When a grandparent, or other person, is named in a Child Arrangements Order as someone who is to spend time with a child then the court can grant that person, irrespective of the fact they are not the parent of the child, Parental Responsibility for the child for the duration that the order has effect.
The benefits of obtaining Parental Responsibility include the right to make a future Children Act application without seeking leave of the court, an issue that has caused grandparents difficulty when the child’s carer seeks to obstruct contact.
In cases where social services have concerns regarding a child’s welfare every person who holds parental responsibility must be consulted before protective steps can be taken, including the removal of the child into foster care. This latter point will be of significant interest to grandparents if at a later stage a Local Authority issues Public Law Care proceedings as each person holding parental responsibility for the child is an automatic party to those proceedings and would be entitled to Legal Aid to be represented at court irrespective of means and merits.
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The law surrounding organ donation has changed. The Organ Donation (Deemed Consent) Bill came into effect on 20 May 2020 and has implemented an opt-out system for organ donation.
Commercial and local authority landlords could benefit from urgently reviewing their legal options.
The Cabinet Office has published guidance asking for people to act responsibly, fairly and “in the national interest”.
To help our charity clients look to the future, we summarise key guidance and updates over the last week.
On 18 May 2020, the Ministry of Housing Communities and Local Government (MHCLG) wrote to all social housing residents in England (residents).
For anyone who is currently restrained from holding their General Meeting or have held such in breach of their governing documents, help is on the way!
Social landlords may be surprised to learn that “landlords should be able to carry out routine as well as essential repairs for most households”.
Many housing providers are now re-thinking about gathering information to complete their data return to the Regulator of Social Housing, with the initial exercise having been delayed by Covid-19.
With many premises being left unoccupied (or minimally occupied) during the lockdown, both Public Health England and the Health and Safety Executive have warned of the increased risks of Legionella.
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