A recent case stands as a good reminder to employers to be careful when distinguishing between pensionable employment under a pension scheme’s rules and employment under a contract of employment.
Rebecca Read considers the implications of the decision in Donelien v Liberata UK Ltd and the employer’s obligations when determining whether a worker has a disability.
Early estimates anticipated a rise for many employers, with some commentators estimating a £1 billion rise in contributions across all LGPS employers. Employers who are facing a rise in contribution
What is the extent of an employer’s duty of care to its employees, as pension scheme members, to inform them of their rights as members of the scheme?
Our employment team have prepared a directory of key information and guidance on employment issues in relation to the Government’s Coronavirus Job Retention Scheme.
We are no more than a few weeks into 2019, but already we are launched into the 'employee status' debate once again.
The sanctions against employers who knowingly or unknowingly employ individuals who do not have the correct immigration status to work in the UK are stringent.
In this our third Coronavirus briefing, we will address the latest employment developments and their implications for employers and employees.
Background Most employers will be familiar with the holiday pay headlines over recent years and the scrutiny under which employers’ calculations for holiday pay have been. A recent Guardian headline claimed
We have learned many things over the last six months; the latest lesson is that there is no new normal. The Government initiatives and guidance may have slowed down a pace, but the challenges for employers and thei [...]
What’s on the horizon for HR and employment law in 2018? Kate Watkins highlights key legislative changes and cases to keep an eye out for.
The law Any workforce can be split into two broad categories: workers and self-employed, independent contractors. Within the category of ‘worker’ you find a sub-category of traditional employees who have
Under certain circumstances, a Local Government Pension Scheme (LGPS) employer can apply to forfeit the employee’s pension or to recover some or all of their pension benefits. These steps can
Auto-enrolment The Government has announced that the timetable for increasing the employer contributions has been extended by 6 months. The phasing of contributions will now be as follows: In the
Various other changes that will affect employment tribunal claims are also being brought in over the next year under the Enterprise and Regulatory Reform Act (ERRA) 2013 – and we
We have had a year bookended by holiday accrual and pay announcements and provisions. Read our employment review of 2023.
What are the Covid-19 conundrums facing employers as we head into this year? Here are our top six along with some suggested solutions
Typically joint employment contracts can be relevant where a council establishes for commercial purposes two companies, one which satisfies the Regulation 12/Teckal tests and is inward looking; and the other
EAT judges to sit alone – judges in the Employment Appeal Tribunal (EAT) will now normally hear cases alone, although they will be able to direct that proceedings are heard
Following a fortnight of announcements and proposed legislation regarding employment and furlough, here's our latest update.
Employers admitted to the LGPS should therefore review their policies on how they exercise discretions under the LGPS to ensure that the policies are up to date, achieve value for
She claimed for damages against her employer citing a breach of the employer’s statutory duty (with reference to the Personal Protective Equipment at Work Regulations 1992 and the Management of
An employer may be held vicariously liable for acts committed by an employee in breach of that individual’s own tortious duties, which is a form of indirect liability.
As employer pension contributions are not received directly by an employee but paid into a pension fund, it has been established practice to exclude such payments from the calculation of
Mrs Hudspith was employed by Sunderland City Council and was a member of the LGPS. She suffered an injury to her shoulder and went on long term sick leave in
Under the terms of a service level agreement (SLA) Agilisys Contact Services Limited (“Agilisys”) recharged InHealth (London) Limited (“In-Health”) remuneration it paid to individuals jointly employed. Agilisys and [...]
In the case of Barbulescu v Romania, the employer had a clear policy in which all personal use of the employer’s IT systems was forbidden. Here, the employee had used
In Fair Deal 2013, it was made clear that the Fair Deal 2013 did not apply to most local government employers. However, it commented that this issue would be considered
A recent case has emphasized the burden on employers when processing ill-health retirement benefits for terminally ill employees, to ensure that they do so as quickly as possible.
We must be living in a strange world when the usual April changes in employment law ground us and even offer some light relief! This ebriefing outlines the changes that have come into force.
The decision of the Court of Appeal in The Harpur Trust v Brazel & Unison has made clear that employers can no longer legally calculate part-time holiday based on 12.07% of hours worked over a year.
This should mean that academies are seen as lower risk by LGPS administering authorities and that employer pension contributions into the LGPS for academies should not be significantly different to
This employment health and social care 2023 webinar will look into arising issues with the TUPE legislation.
*THIS EVENT IS NOW FULLY BOOKED
This update will inform delegates of the changes to UK employment law and practise over the last 12 months and equip them to deal with the changes to come.
*THIS EVENT IS NOW FULLY BOOKED
The purpose of this update is to inform delegates of the changes to UK employment law and practice over the last 12 months and to equip them to deal with the changes
On 19 December 2019 Boris Johnson had, almost a week earlier, won a general election and the Queen announced, in her speech to Parliament, the Employment Bill (the Bill).
Our annual employment law update will be held in two parts on 15 and 22 September 2020, 11.00 am - 12.30 pm. The sessions will be hosted on Zoom.
Our annual employment update provides a comprehensive, accessible update of the cases that have been decided, the ones that are still to be decided, the changes to the law that have come through and the ones that a [...]
Please note that this virtual event will be hosted on Zoom over two one-and-a-half-hour sessions. By clicking Book now, you are registering for both sessions and will be provided with
What is auto-enrolment? The Government introduced legislation in 2012 requiring all UK employers to automatically enrol eligible “jobholders” into an “automatic enrolment scheme” and, in time, to pay employer pension
Issues such as self-isolation, Statutory Sick Pay and a downturn in business are key and the situation is not a static one.
Joint contracts are used in the social housing sector for a variety of reasons and this decision will give comfort to those organisations already using them, as well as simplifying
The gig economy, the tensions between it, and our more established ways of working are rarely far from the news these days.
Under the UK legislation, a dismissal for misconduct will be unfair unless at the time of dismissal: The employer believed the employee to be guilty of misconduct. The employer had
In the much anticipated judgment in the Woolworths and Ethel Austin cases, the ECJ confirmed that the law does not require that the number of dismissals in all of an
On 18 September 2020, the High Court gave its decision regarding the Judicial Review of Simply Learning Tutor Agency Ltd & Others v Secretary of State for Business.
When the news broke in the early hours of 24 June 2016 that the UK was leaving the EU, I imagine many of us doubted that the process would be either swift or painless.
What are the main changes introduced by the GDPR? National laws, including the Data Protection Act 1998 (DPA), will no longer apply to matters falling within the GDPR’s scope. Whilst many
The issue of worker status continues to make its way into the headlines, fuelling uncertainty about who is self-employed, who is a worker and (most relevant) who has the corresponding employment right
HMRC confirm that its enforcement policy aims to: prevent employers gaining a competitive advantage over other businesses by unlawfully depressing workers’ pay; encourage employers to voluntarily comply, so that workers
Supreme Court publishes key decision for those working in the UK’s gig economy.
As the tight grip of lockdown eases across the country, the Government is producing swathes of guidance as to how this will look in practice.
As our parcels are delayed and some groceries appear lacking, we are reminded that Brexit will have unforeseen implications for some time to come.
The draft regulations will apply in relation to children born or adopted on or after 5 April 2015 but the implications can have effect already for expectant parents or adopters.
It is almost a matter of relief that “normal” might be on the horizon when we return to the machinations of TUPE and its protections for employees!
Employers and pension funds must continue to do the following; pay benefits, make employer contributions, support savers and be alert for scams.
The levy will be 0.5% of an employer’s pay bill for a tax year less an annual allowance of £15,000. This means that the levy will start to operate on
Facts Mr Sharpe, an ordained minister in the Church of England, worked as a Rector in the Diocese of Worcester from 2005 to 2009. He brought claims that he had
This last week, we have had three different pieces of Government guidance, one confusing Treasury Direction and some conflicting SSP Regulations
Until the Employment Tribunals and the Employment Appeal Tribunals Fees Order 2013 came into force in 2013, a claimant could bring proceedings without paying any fees. The Fees Order came
The EAT agreed that, based on the facts and the legal arguments adopted by Mrs Tomlinson-Blake and Mencap, the Tribunal was entitled to reach their conclusion, namely that all hours
We highlight the key changes that you should look out for below, along with links to our recent ebriefings relating to these changes. Increases to National Minimum Wage The National
The shortlist was announced today (26 July) and the team, shortlisted for their work on the critical issues of National Minimum Wage, for the social care sector, in particular, is
The new time limit applies to all redundancies where the proposal to dismiss is made on or after 6 April 2013. This means that the changes will not apply to
The team fought off strong competition from ESP Law, Gowling WLG and HRC Law to take home the award, which was centred around the work the team has done for the
Two cases, each disputing a university’s justified retirement age, each bought by white, male professors pushing 70 years old but prompting diametrically opposed tribunal decisions.
The team fought off strong competition from ESP Law, Gowling WLG and HRC Law to take home the award, which was centred around the work the team has done for the
The team fought off strong competition from ESP Law, Gowling WLG and HRC Law to take home the award, which was centred around the work the team has done for the
1. Legislation update: The Small Business, Enterprise and Employment Act 2015 (the ‘SBEEA 2015’) On 18 September 2015, the Small Business, Enterprise and Employment Act 2015 (Commencement No 2) Regulations 2015
The Chancellor made clear in his budget speech that the new National Living Wage will be compulsory and will apply to workers aged 25 and over. It will be introduced
This means that employer contribution rates for those employers participating in the NHS Pension Scheme, the Teachers’ Pension Scheme and the Civil Service Pension Scheme are likely to rise from
With the budget just days away, it may well be that the Government unveils its response to this shortly. It seems likely that some employees, such as church ministers and
We will address some pressing issues left by the pandemic, most notably mandatory vaccinations and testing in the workplace, as well as more general issues such as discrimination, dismissals, etc.
Anyone who paid a fee can apply for a refund online, or use one of the following forms to apply by post or email: form 1-C if you paid the
Over the last year, we have been involved in conversations about how to help people from the widest range of backgrounds access the labour market. We now want to share that thinking with you.
Donna Holmes, of Private Legal Services, and employment specialist Douglas Mullen have been promoted to senior associate. James Monk, an employment and education solicitor, has been made an associate. The
In addition, existing employees who become eligible after 1 October 2012 will also automatically join the scheme. Organisations whose new employees are eligible for LGPS membership (i.e. the admissio [...]
As all HR professionals will be aware, during a “protected period” (i.e. the beginning of pregnancy to the end of maternity leave), unfavourable treatment of a woman because she is
If health and social care employers are to provide workplaces which retain their workers, there are many and varied challenges. With input from Care England about the demographic of the sector’s
Practical and interactive, the training is based on a recording of a fictional CVP hearing with commentary and advice on specific issues that unfold.
We have asked colleagues in the Employment Law team to highlight what they think is key to managing a redundancy programme well.
Government regulations came into force on 23 September 2020 providing LGPS (local government pension scheme) employers with flexibility on meeting exit payments and LGPS funds with flexibility too
Auto-enrolment compliance is a headache for many employers, with seemingly small failures leading to penalties from the pensions regulator (TPR).
One of the key issues taking up media time currently is that of payment of employees in self-isolation or isolation as requested by medical staff or employers.
Law Under the Equality Act 2010 (the Act) an employer has a duty to make reasonable adjustments to help disabled job applicants, employees and former employees in certain circumstances. It
ESPARON T/A MIDDLE WEST RESIDENTIAL CARE HOME V MISS SLAVIKOVSKI Summary The Employment Appeal Tribunal has just handed down a decision that a care worker who was required to work
Law Under the Equality Act 2010 (the “Act”) an employer has a duty to make reasonable adjustments to help disabled job applicants, employees and former employees in certain circumstances. It
With the UK Government releasing its plan for handling the next stage of the Covid-19 Pandemic, all employers are considering when and how their employees will return to their workplace.
The Regulations apply to “workers” which includes employees, temporary workers and freelancers, but not the self-employed genuinely pursuing a business activity on their own account. The Regulations provide workers with
Employer contribution rates for unfunded public sector pension schemes are likely to rise more steeply than anticipated from April 2019.
The Employment Appeal Tribunal (EAT) has found that where a TUPE transfer has taken place, subsequent changes to employees’ terms and conditions may not be invalid...
Law Employees with two years’ continued service have the statutory right not to be unfairly dismissed. For a dismissal to be fair the employer must establish that the reason/principal reason
You can read the full Judgment here. Background Under the Employment Rights Act 1996 a worker who makes a ‘protected disclosure’ cannot be subjected to detriment or be dismissed by
A key feature of statutory payment mechanism is a requirement for employers to issue payment notices & pay less notices if monies are to be withheld from a contractor.
Employers are having to walk a fine line between protecting their interests whilst also ensuring that they are not breaching their employees’ rights.
The employment and pensions team offer practical advice on whistleblowing.
In a recent case, the Pension Ombudsman has given some useful guidance on steering a course through the issues that await unwary employers when deciding on granting ill-health benefits in the LGPS.
What can an employer do when its negotiations with a recognised union break down and they cannot collectively agree changes to terms?
The Coronavirus has, during this year-long pandemic, caused employers to ask questions many thought they would never ask.
The Employment Appeal Tribunal has, for the first time, ruled on the issue of enhanced shared parental pay for fathers. It confirmed that failure to pay a male employee enhanced
The facts Mr Coppage was employed by Safety Net Services as their business development Director. Mr Coppage was in part responsible for winning new business for the company and described
On 11 February 2021, the Pension Schemes Act 2021 was given royal assent, setting out a framework for several major changes that will certainly be of interest to employers and pension funds alike.
For employers with staff in public sector pension schemes, this extra cost will not be offset by higher employee pension contributions or any reduction in the pension benefits. Until now
Under the UK legislation, a worker must not be treated detrimentally by their employer because they’ve blown the whistle, i.e. made a protected disclosure. If the employee is dismissed because
Under the UK legislation, a worker must not be treated detrimentally by their employer because they’ve blown the whistle, ie. made a protected disclosure. If the employee is dismissed because
Employment Tribunal rules in favour of claimants in minimum wage case – has the interpretation of “working time” changed?
Two recent Supreme Court cases (Cox v Ministry of Justice and Mohamud v WM Morrison Supermarket plc) confirm that a relationship other than one of employment is, in principle, capable
Following Katherine's "heads up" last week, the Government has now confirmed that for claim periods post 1 December, employers will not be able to claim for employees who are serving their notice
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
How does a media-savvy employer ensure a season of festive cheer but without mishap, damage to their reputation or harassment and bullying claims?
July was a month of research, with the Charity Commission (the Commission) publishing three(!) major pieces of analysis: its research on public trust in charities; its research on trustees’ opinions;
Non-UK nationals will surely be worried about an uncertain future, with much still unclear. These feelings will inevitably accompany people to work, and so employers need to be prepared.
Are employers legally required to keep accurate records of employees' working time? A disputed case brought to the ECJ provides the answer.
Mrs R was employed by Trafford Council but resigned due to ill-health in August 2011. In June 2014 she applied for early payment of her deferred pension benefits in the
The Employment Appeals Tribunal (“EAT”) held in Flowers v East of England Ambulance Trust that “normal” remuneration included voluntary overtime if it was paid over a sufficient period.
So, what are the implications of the case for your organisation? The case concerned two nurses employed by the Trust and dismissed on the grounds of gross misconduct due to
We are seeing a steady trickle of decisions focused around the issue of flexible working requests or employer requirements for changes to working patterns (both pre and post the pandemic).
Employers should not undervalue the risks that lone working can pose to the health and safety of its employees.
In Jawaby Property Investment v Interiors Group** the Employer had asked for a “valuation” 3 days before the date on which an interim payment application had to be made under the
Background The Equality Act 2010 prohibits unlawful discrimination in the workplace including indirect discrimination and discrimination arising from disability. Indirect discrimination occurs when the employer has [...]
The engagement report found four key areas for improvement; key person risk, pension board management, protecting members from scams and handling employer-related risks.
Ms Stephens was employed at Croydon College in 2001 and, as a part-time teacher, she was not automatically a member of the TPS. She chose to join the TPS. In
This decision will have significant cost implications for employers who engage zero-hours and part-year employees on a permanent basis.
A recent ECJ case has concluded that statutory holiday entitlement will not automatically be lost at the end of a holiday year unless the employer has “diligently” bought it to the worker’s attention.
The Department for Education introduced regulations earlier this month which make a number of changes to the Teachers’ Pension Scheme including to contribution rates. The employer contribution rate will be inc [...]
The consequences of staff being wrongly enrolled into the TPS can be significant for both staff and employers. Local authorities and academies should, therefore, review their staff enrolled in the
A father has won a sex discrimination claim after his employer told him that he would be paid full pay for only two weeks’ paternity leave, despite the entitlement of
1. It has been widely reported that the judgment means that employers will now always have to include overtime when calculating workers’ holiday pay entitlement. In fact, the judgment makes
Mrs S was employed by the East Sussex Healthcare Trust (ESHT). She was also a member of the NHS Pension Scheme (the Scheme). In September 1996, her work was outsourced,
While it is understood that the bill has been introduced to tackle the potential exploitation of migrant workers, it will apply equally to all employers and workers. It is therefore
The Employment Appeal Tribunal (EAT) in the case of Moore v Phoenix Product Development Ltd, ruled that the company’s failure to offer Mr Moore the right to appeal his dismissal was fair.
The great resignation is a reality in the housing sector and not just a trendy hashtag! The purpose of this webinar is to address what housing providers can do to buck this trend right from the start of the employm [...]
As ever when embarking on an inclusivity journey, it is not without bumps in the road as the General Optical Council (GOC) found in a recent Employment Appeal Tribunal (EAT) decision.
This could come at a significant cost for some employers and cause widespread financial damage. Two recent developments , will hopefully make the burden of potential claims more manageable. 1. To
Many employers who engage workers on atypical arrangements, where they work more than their normal contractual working hours and receive additional pay over and above their standard pay, were left
The 3 million apprentices that the government hopes to have in place will partly be paid for by the new apprenticeship levy, whereby every employer with a wage bill of over
Alice Kinder, pensions and employment solicitor takes on the role in representing and supporting more than 5,500 legal professionals located across Birmingham and the Greater Midlands.
Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
The purpose of this 30-minute free webinar is to address how employers navigate homeworking; supporting employees whilst also ensuring that their organisation stays financially viable.
It’s not often that the Government asks for more money and then offers to pay anyway! That is the situation when it comes to employer contributions to the Teacher Pension Scheme (TPS)...
An estimated 1% could be added to Local Government Pension Scheme liabilities – not the news that employers will want to hear.
1. The Small Business, Enterprise and Employment Act 2015 (the ‘SBEEA 2015’) – watch this space! A number of key provisions in the SBEEA 2015 are expected to come into
The firm employs over 260 people at its Birmingham headquarters and is known for its mission-led approach that focuses on improving lives, communities and society. Outputs have been buoyed by
The charities and social businesses we work with often run into difficulties when they engage external designers to produce logos. They often fail to appreciate that where a self-employed consultant
What does the Government’s written statement on steps to take in wake of the Court of Appeal’s judgment in McCloud mean for employers?
The firm employs over 260 people at its Birmingham headquarters and is known for its mission-led approach that focuses on improving lives, communities and society. Outputs have been buoyed by
The firm employs over 260 people at its Birmingham headquarters and is known for its mission-led approach that focuses on improving lives, communities and society. Outputs have been buoyed by
People have been pledging New Year resolutions for thousands of years, with Britons top three resolutions apparently repeatedly being: lose weight, exercise more, and save more money. As we enter 2018 however, what [...]
Index1. Statutory Sick Pay; eligibility, notification, etc. EligibilityNotificationContractual sick pay2. Coronavirus Job Retention Scheme (CJRS) – “Furlough” Furlough and holidaysConsent and furl [...]
The EAT held in Roddis v Sheffield Hallam Uni that a zero-hours employee can compare themselves to a permanent full-time employee when seeking to enforce the right not to be treated less favourably.
It is not often that new Government guidance is released on a Saturday, but we are living in unprecedented times!
The tribunal decision in the case of Scott v Chigwell School last week might cause school managers and bursars some sleepless nights as they process its ramifications.
The facts ICAP Management Services Limited (“IMSL”) was a service company providing services to other companies within the ICAP Global Broking Business (“IGBB”). IGBB decided to sell the IMSL to
Failure to provide minimum pension contribution protection following a TUPE transfer can end up costing a lot more than if provision had been made.
The Court of Appeal has given a Judgement in City of York Council v Grosset that a dismissal of an employee with a disability can amount to unfavourable treatment.
The EAT held in OBI v Rice Shack Ltd that an employee on a zero-hours contract was entitled to be paid at her average weekly earnings rate while suspended pending disciplinary proceedings.
January, the month of credit card bills, rain and general greyness, is upon us! There's only one thing for it; time for an HR detox!! Here's how to get rid of bad habits and put in place better ones.
Under UK legislation, a worker has the right not to be subjected to detriment on the ground that they have made a protected disclosure. This protection applies not only to
We know that from 1 August 2020, the Government will “pause” shielding.
Under UK legislation, a worker has the right not to be subjected to detriment on the ground that they have made a protected disclosure. This protection applies not only to
An effective and thorough recruitment process while apparently lengthy and somewhat time-consuming in the short term can, in the long term, be hugely beneficial.
The recent Oxfam scandal has highlighted the unsatisfactory practice that has developed across the HR world in respect of the giving of references.
The impact of the Covid-19 pandemic, lockdowns and Brexit are very much evident across the construction industry, not least due to the sharp and continued increase in the cost of materials.
Dealing with serious allegations of misconduct is never an easy ride. There is rarely, if ever, such a thing as an “open-and-shut case”, and so the competing rights and balancing
Further guidance has been provided by the courts in relation to how the National Minimum Wage applies to night shifts, following a case decision.
Is it ever fair to suspend an employee after allegations of misconduct? What about during a criminal investigation? We look at real-life examples.
1. The National Minimum Wage (Variation of Financial Penalty) Regulations 2014 The National Minimum Wage (Variation of Financial Penalty) Regulations 2014 (“the Regulations”) came into force on 7 March 2014
On 23 May 2022, the Government produced its report on the enforcement of national minimum wage and national living wage.
As some of us bemoan the withdrawal of one daily episode of the Archers, it is a reminder that no industry will be untouched by the Coronavirus and its effects. The pensions industry is no exception.
The Government have produced draft legislation and consultation papers for changes to maternity leave, National Insurance contributions and more.
Under the Coronavirus Act 2020, the Treasury produced a Direction to HMRC on 15 April 2020, relating to payments under the Coronavirus Job Retention Scheme.
The Guidance for the extended Coronavirus Job Retention Scheme (CJRS) was released last night on 10 November 2020. We thought we knew what we were expecting or so we thought...
The last 12 months have seen changes to our society, not experienced since the upheaval and loss of the world wars last century.
Can an employee’s concerns raised purely out of self-interest constitute a qualifying disclosure for whistleblowing purposes?
The Government has started consultation on the regulations providing the detailed framework for collective money purchase pension schemes.
Just when we thought that all news is Brexit news, the Government publishes its proposals for the modern workplace, its ‘vision for the future of the UK labour market’.
Subject to parliamentary approval (which we believe is likely), the Regulations will come into force on 6 April 2017. So what do you need to know about the revised Regulations
The Supreme Court has allowed two appeals concerning 'vicarious liability', providing helpful clarity for claims of this kind and seemingly reining in the scope of such claims.
We get ready to say goodbye to winter and hello to spring however the world of charities continues to develop with more guidance and case law being released.
The Government's additional guidance on PPN 02/20, includes responses to “Construction FAQs” and specific drafting to vary NEC and JCT construction contracts along the lines set out in PPN 02/20.
Headline There is a cap of £95,000 covering contractual and voluntary exit payments (including pension strain costs other than on ill health retirement). This will cover all public sector bodies
The European Court of Justice (ECJ) has given a Judgement in Ville de Nivelles v Matzak on whether stand-by time constitutes working time under the Working Time Directives.
The Government has now introduced new regulations to prevent exit credits which amount to undeserved windfalls.
The Government’s new guidance on the Coronavirus Job Retention Scheme (furlough) was released late Thursday 9 April. Once again, it’s a mixed bag.
HMRC’s approach to underpayment of the National Minimum Wage (NMW) is getting tougher and shows no sign of abating.
Background As most providers will be aware for many years and, in particular, since late 2013, there has been much confusion over the legal requirements to ensure that workers are
A local authority recently received a "roasting" by the Pensions Ombudsman for their delay in processing an employee’s ill-health retirement pension, following her diagnosis with advanced cancer.
Government guidance on the new flexible furlough arrangements, published at 9.30pm on Friday 12 June.
The Covid-19 pandemic has caused a significant amount of uncertainty and concern in all aspects of our lives.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The provisions ought to make it harder for unions to take industrial action. On the back of recent and high-profile disruption to services through strike action, this is likely to
In the case of Mbubaegbu v Homerton University Hospital NHS Trust, the EAT has found that no single act of gross misconduct is required for a fair dismissal for misconduct.
Even those of us with zero football knowledge will most likely know of the shenanigans at a Chelsea FC game this season.
The Construction Leadership Council (the CLC) has released its new recovery plan for the UK construction sector - “Roadmap to Recovery”.
This confirms that employees who transfer to a new organisation are not entitled to the benefit of collectively agreed terms where: those terms are agreed after the date of transfer;
When planning redundancies (which for collective consultation purposes is broad enough to include any dismissal for reasons unconnected with the individual worker – such as a dismissal in order to
The Greenfeeds Limited prosecution highlights the human cost of failing to prioritise safety at work and the serious consequences for the organisations and individuals found to be at fault.
Social mobility and its impact on the modern workforce was top of the agenda at a virtual event hosted by law firm Anthony Collins Solicitors on Tuesday 23 November.
The most high-profile story has been Birmingham City Council’s issuing of a section 114 notice over an equal pay liability estimated at £760 million but this is far from an
Is it just me or are the updates and product launches of the of the Coronavirus Job Retention Scheme “CJRS” starting to resemble the seemingly continuous barrage of new and upgraded iPhones?
We have spent the best part of a year learning new vocabulary that most of us don’t want to use ever again; 'furlough', 'self-isolation', 'CJRS' to name a few.
In defined benefit pensions schemes, the risk that there are insufficient funds to meet the costs of paying a pension at a promised level to a retired staff member falls
We kick off this new year with news of a seemingly innocuous piece of legislation which will undoubtedly bring clarity and accuracy to workers’ pay.
We've been producing ebriefings and advice about covid-19 where we can, and we've issued a lot this week. If you've missed any, we've compiled them here.
As England enters its second lockdown, organisations are once again having to adjust its ways of working to align with Government guidance.
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 facts An employee with 35 years’ service has been absent for 62 days due to post-viral fatigue. Following her return to work she is found to be suffering from
The Supreme Court has finally closed the long running case of Kostal UK Ltd v Dunkley and others.
Why not use the bonus day in this leap year to catch up on all things charity governance?
An issue being brought into public view in the latter part of this decade, thanks to a healthy handful of royals and celebrities, is the existence of hidden disabilities.
Whether you are planning to resume operations shortly or you are wisely planning ahead, here are our top tips to consider when preparing for a return to work...
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
February 2020 Royal Mencap Society v Tomlinson – BlakeThis case, colloquially known as the “sleep-in” case, addresses whether employees who sleep at the homes of the people they are supporting,
In light of the extensive media coverage regarding zero hour contracts and the recent MP debate in the House of Commons over the issue, many organisations question their approach to
Introduction Many churches (and indeed other charities) do not realise that they potentially own a valuable asset in the form of intellectual property and that they are often not free
President of the Methodist Conference and Preston The Supreme Court published its decision this week in the case of President of the Methodist Conference and Preston. Mrs Preston was a
The free movement of workers may have stopped on 1 January this year but the free movement of ECJ decisions is not so fettered!
Worker status, like Piers Morgan, is one of those things that we think has gone away and then it pops up again!
The High Court has ruled that retrospective changes to the LGPS exit credits regime were lawful – and gave some helpful guidance around the new discretion to pay an exit credit.
Doug Mullen explains how to prepare for some of the changes to evolving pensions landscape in 2019.
This information could well prompt questions or even equal pay claims by employees or their representatives and could cause reputational damage if unexplained. Background Equal pay for men and women
On Friday 17 August 2018 HM Revenue and Customs (HMRC) issued a further update to social care providers in the Social Care Compliance Scheme (SCCS).
Two recent cases illustrate the rather unpredictable nature of vicarious liability decisions, as confirmed by Lord Justice Irwin noted in the Bellman case.
As Parliament break for their Christmas recess with no Withdrawal Agreement in place and 14 weeks until 29 March (“Brexit Day”), the possibility of a 'no-deal' Brexit looms large.
The Government announced in April 2018 that they would release new proposals at the end of 2018 and so, as we stretch in 2019, we now have the new consultation proposals.
Now 2020 is here and we have welcomed in the new decade, it’s time to welcome in changes regards the contents of employee’s statement of particulars.
Background Over recent years, we have seen numerous, well-publicised decisions, around whether holiday pay should include additional elements of pay (such as overtime and commission) when that pay is for
In Grange v Abellio London Ltd, the EAT has held that a claim for ‘refusal’ to permit rest breaks under the Working Time Regulations 1998 can be brought where the
Do you know what ‘pay’ is for the purposes of calculating holiday pay? Is it calculated simply by paying basic salary for any time taken as leave? Should overtime rates
Ramphal v Department for Transport Mr Ramphal was an Aviation Security Compliance Inspector for the Department for Transport. He was under investigation following the result of a random audit of
Under the Working Time Regulations (WTR) a worker is entitled to a 20 minute rest break away from their workstation if their daily working time exceeds six hours. However, there are limited circumstan
As restrictions lift, will new work requirements be, like our old workwear in the wardrobe, a welcome change, or will they need some adjusting?
The previous conditions of having to demonstrate caring responsibilities will no longer apply meaning that the extent and breadth of reasons for requests from your workforce can be predicted to
Background The Working Time Regulations confirm that workers are entitled to be paid during statutory annual leave at a rate of a week’s pay for each week of leave. Under
Several myths are circulating the relaxation of data protection rules and compliance. We can help clarify these myths.
The EAT decided that a warehouse worker, who had difficulty lifting up to 25kg, was disabled for the purposes of the Act. Mr Banaszczyk worked in a distribution centre and
Only employees who form part of an organised grouping of employees, assigned to carry out the services that are the subject of the transfer, will move to the new provider
Introduction The most common approach to sleep-in shifts across the care sector has been to pay a flat rate for a sleep in shift, rather than pay an hourly rate
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
In the run-up to Christmas with the 'will they, won’t they cancel Christmas?' question clouding our thoughts, only the eagle-eyed will have noted a key Government announcement on Christmas Eve; temporary changes to [...]
Anthony Collins Solicitors is delighted to announce the appointment of five associates in the November 2021 round of promotions.
With a new King on the throne (and plenty of bank holidays to boot), there are changes in the charities’ world too – welcome to the May charities newsletter.
The big news for charities this month has been the implementation of further provisions of the Charities Act 2022. However, this important news should not overshadow or distract from several other significant devel [...]
The promise of spring is in the air and as the flowers bloom, so too do our insights into the latest governance trends and updates. Why not grab a cup of tea and dive into what's budding in the charities sector!
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.
On 24 April 2020, the Fire Brigade Union, supported by the prison staff union (POA), public services union PCS and the GMB, filed court proceedings against the Government.
Anthony Collins Solicitors has been appointed to the National Local Government Pension Scheme (LGPS) Legal Services framework.
The High Court has decided that South Yorkshire firefighters working 4 days, and being on call for 4 nights, were working in breach of the Working Time Regulations resulting in a review.
In what has been a veritable deluge of data protection-related developments, we now have in our midst, a brand-new, homegrown iteration of data protection legislation; the Data Protection Act 2018.
A consultation regarding the changes is currently underway, and if approved, the reforms could be implemented as early as October 2013. The changes are intended to create clarity for the
Whilst we all wait in limbo for the UK’s future in Europe, Hazel covers some basics worth noting...
Somewhat ironically, the EU Settlement Scheme, first announced in June 2018 and operational from 30 March 2019, has remained just that, albeit with some changes.
Results from the latest three-yearly valuation of the Local Government Pension Scheme (LGPS) are starting to trickle through.
Providers will be hoping that the Government’s acceptance that previous guidance was misleading, as per the 26 July 2017 announcement, means that they will not need to repay alleged before
Whilst many of us are welcoming the recent changes to lockdown, many charities are finding the easing of lockdown more difficult to manage than going into it!
The Covid-19 crisis has demonstrated that social capital is the glue that binds communities together.
Faced with spending cuts, local authorities have used their purchasing power to drive down prices for care services. This presents charities with a dilemma as they seek to pay care
This ruling, in the case of Peninsula Business Services Ltd v Donaldson, may also have implications in relation to pension contributions made via salary sacrifice during maternity leave, but the
Welcome to the bumper edition of the April charities newsletter. With spring well and truly underway and all the Easter egg hunts now at an end, there is no need to go hunting for charities news either.
We analysed the proposed changes in June 2022 but they are now further re-organised and amended. Set out below is a summary of the new grounds and explanatory notes to the Bill. Bear in mind the Bill is of course s [...]
The Government has announced changes to the newly extended Coronavirus Job Retention Scheme (CVJRS) and extended the payment of SSP in certain circumstances.
Transferring out of SHPS will not be suitable for every housing association. So what should housing associations do?
For those of us who have endured a choppy cross channel journey, the mention of P&O Ferries will invoke some nauseous memories.
Does a sick, suspended employee get paid sick pay (as per sickness policy) or full pay (as per disciplinary policy)? Croydon London Borough Council (the council) decided the latter was correct. A costly decision to [...]
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
The news that Allied Healthcare is “actively exploring” the sale or transfer of its care and support services means the TUPE implications and risks need to be considered for any would-be buyers.
The Government has this week resurrected its proposals to cap exit payments for public sector workers at £95,000.
What do you do if an employee persists in raising the same concern, again and again, taking up copious amounts of management time and patience
So after two days of legal argument, the Supreme Court have now retired to reach their decision in the joined cases of Tomlinson-Blake v the Royal Mencap Society and Shannon v Rampersad.
It will come as no surprise that this round-up focuses on the coronavirus pandemic and how it is affecting charities.
What key learning points can be taken from the BBC’s revelations? There is NO requirement to publish the names of your employees, or even the names of your highest earners.
In this case, the contracting authority (City of Dortmund) included a requirement in its EU tender process that the chosen contractor comply (and crucially, that its subcontractors comply) with the
Readers will recall that the Tribunal concluded in this case that a worker’s holiday pay ought to include overtime and premium payments when calculating the amount of basic remuneration. The
The decision means that there is now little room for doubt that commission and overtime, both guaranteed and non-guaranteed (where it forms part of normal remuneration and where the worker
Misconception 1: Following the European Court of Justice case of Tyco, my care workers are entitled to be paid for the time they spend travelling from home to their first
The Advocate General of the European Court of Justice (“ECJ”) has confirmed that a 5 month gap in operations does not necessarily prevent TUPE applying.
Schedule 2 of the Procurement Bill contains a list of exemptions to the procurement rules that are very similar to those found in Regulations 7 to 17 of the Public Contracts Regulations 2015 (PCR 2015).
Welcome to our charities monthly round-up for January 2023. This month we share with you key ‘finance-focused’ updates.
The case of Cook v Gentoo Group Limited confirms that you can’t rush redundancy procedures!
With schools out (or soon to be) and the sound of ice cream vans in the air, feel free to grab a cuppa, kick back in the sunshine (ever the optimist!) and peruse our latest charity newsletter.
With the weather now feeling much more autumnal, our October newsletter is here to fill you in on some of the most important updates in the charity sector this month.
As we draw 2023 to a close, the charity sector shows no sign of slowing down. With the Department for Culture, Media and Sport announcing that the next stage of
The Government has resurrected its plans to cap the termination payments for exiting employees in the public sector.
Background The WTR set minimum health and safety requirements in areas such as: rest breaks and rest periods; limits on the number of hours to be worked on average each
The Pensions Regulator is showing its determination to improve the prudent management of Local Government Pension funds by digging deep into the internal workings of these funds.
How far should the decision lead you to change the approach to the calculation of holiday pay where overtime, premium payments and commission may be paid to your workforce? This
Managing workplace relationships is something of a tightrope for employees.
What is Concurrent Delay? Concurrent delay is when there are two or more reasons for delays to construction works that happen simultaneously, one of which would usually give the contractor
As we make our first tentative steps out of strict lockdown, many of us have been thinking about what the future will look like for charities, both in the short and long term.
To help our charity clients look to the future, we summarise key guidance and updates over the last week.
Inflated damages in tyres case In the 1915 landmark case of Dunlop Pneumatic Tyre Company, the House of Lords said that it was legitimate for a contract to specify (“liquidate”)
If you have a psychiatric injury caused by stress at work, it’s not clear how to claim for this as a personal injury. We talk through a recent case, which was initially rejected by a trade union.
The case of Network Rail Infrastructure Ltd v Crawford EWCA Civil 269 will not win awards for excitement but is useful guidance when dealing with workers’ rest periods under the WTR 1998.
In the second part of our series on contract management pitfalls, we look at the risks and opportunities presented by payment mechanisms in construction contracts.
While it is always possible that case-law may change in the future, as far as we are aware, there is no significant risk at the moment in using the daily
Cliff Mills defines and talks about the importance of social value in his blog, and its potential within Greater Manchester.
In response to the Women and Equalities Select Committee Report back in July 2018 on sexual harassment in the workplace, the Government is looking at a number of initiatives.
The Court of Appeal held that no pro-rata mechanism was included in the Working Time Regulations 1998, and so part-year employees were entitled to 5.6 weeks’ paid holiday just like their colleagues wo
Social care providers will be aware that they have a further month of uncertainty to see what the Government proposes to do about sleep-ins. In the meantime, HMRC has sent
Whilst last week saw some children returning to school and groups of people from different households finally being able to meet again, life in the UK is still far from “back to normal”.
Catch up with all the latest charity updates in this fortnight’s news roundup
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
The Supreme Court has today (19 March 2021) handed down judgment in the cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (t/a Clifton House Residential Home).
As employees head back to work, some tentatively - some more enthusiastically, many organisations are returning to 'business as normal' or something resembling normal. Not so much for the social care sector.
Cabinet Office proposals for the implementation of the new EU procurement Directive The Directive will allow up to 2 years for the UK implementing Regulations to be put in place.
What was our role? Our work involved three separate projects during 2015: A Development Agreement for the former Dudley Guest hospital site, which is being developed under a
The National Minimum Wage New national minimum wage (NMW) rates came into force on 1 October 2015: Standard adult rate – £6.70 Development rate – £5.30 Young workers rate –
Another case that might challenge holiday-pay practice for variable hours staff has been decided by the EAT.
This month we discuss the Charity Commission statement on implications for charities in light of the invasion of Ukraine, safeguarding concerns, the Spring Statement and de-registration of a charity.
It may be difficult to get a doctor’s appointment, harder still book a food delivery slot but seemingly easier to have an unfair dismissal claim heard!
We've seen a noticeable trickle of cases concerning what is known as the ‘childcare disparity’. Essentially relating to the childcare responsibilities that still largely fall on women’s shoulders
The Government has brought forward draft laws to allow independent schools to close the Teacher’s Pension Scheme to new joiners but to allow existing members to continue.
Anthony Collins Solicitors (ACS) has announced the appointment of two new legal directors with over 20 years of experience between them at the sector specialist national law firm.
Welcome to the October edition of the charities newsletter. This month's round-up contains key messages from the Charity Commission and Fundraising Regulator.
With all that 2024 is likely to bring to the charities world, we hope you all had a restful December and are ready to plough through 2024
On 8 May 2019, the Ministry of Housing, Communities and Local Government published a consultation regarding changes to the Local Government Pension Scheme (LGPS).
In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
This is good news for many of our clients who are looking to re-procure term contracts, such as repairs and maintenance or gas installations and servicing contracts, using the traditional JCT approach.
“HMRC enforce National Minimum Wage (NMW) legislation in line with the policy set out by the Department for Business, Energy and Industrial Strategy (BEIS) and do not have discretion to
Not quite as exciting as Brexit, but perhaps a welcome distraction! This quarter, the key highlights are: Register of Persons with Significant Control (PSC Register) UK Companies and LLPs have
HMRC have now published details of how savers can apply for protections so that they will be able to continue to benefit from a lifetime allowance of £1.25million so long
It’s that time of the year when lots of people are planning holiday days for the year and the holiday requests will start coming in.
The Department for Business, Energy & Industrial Strategy (BEIS) has updated its guidance to Calculating the Minimum Wage in relation to sleep-ins.
The collapse of Carillion in January this year was a timely reminder that, while the economy as a whole slowly improves, the construction and maintenance industry still faces significant insolvency risks.
It is a short and sweet piece of legislation. Very simply, it requires every English public body (and many Welsh ones), whenever it is about to procure services, to consider
Joanna joins us with over seven years’ experience in the healthcare sector, having worked at two national healthcare practices. She provides specialist strategic advice on a wide range of contentious
One of the powerhouses behind this legislation, so ably steered through Parliament by Chris White MP, is Social Enterprise UK, which hosted its Social Value Conference on 20th November, bringing
Our housing legal update webinar provides an opportunity to hear from our sector experts on both recent and upcoming legal and regulatory developments.
THIS SEMINAR HAS BEEN POSTPONED - We have been closely monitoring the coronavirus (COVID-19) outbreak, and have made the decision to postpone this event.
Anthony Collins Solicitors has been reappointed for the third time to the East Midlands Lawshare (EMLS) Legal Framework.
Updates You can read the individual updates by clicking on the links below. PSC Register – Update on “significant influence” Introduction of HCA Fees Grenfell – four months on HCA
As the weeks go on, we are finding new ways to keep connected and celebrate holidays and festivals together. Charities are leading the way with some great fundraising ideas.
Whilst life before lockdown may seem a distant memory, as we head through the peak of coronavirus, many of us are probably beginning to think about what the post-Covid-19 world will look like.
The last few weeks have proved what charities can achieve when put to the test – but we also need to remember that, now more than ever, charities need our support.
Catch up with all the latest charity updates in this fortnight’s news roundup.
It has been another difficult few weeks for many of us, especially those who find themselves under tier 3 restrictions.
In so many ways the global pandemic has made running an organisation or business so much harder during these past 10 months.
The monthly round-up from the Anthony Collins Solicitors charities team
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
The monthly round-up from the Anthony Collins Solicitors charities team.
Devaluations All councils would be well advised to consider their Medium-Term Financial Strategy, and the assumptions that underlie it, to see if some adjustment is required. For example, one of
Leadership EU migrants fill an estimated 6% of jobs in the social care sector in England, and the majority of them will be concerned about what a British withdrawal from
The Bill comes at a time when public trust in charities is threatened by the fundraising scandals of last summer and the collapse of well-known charities, such as Kids Company
In Neal v Freightliner Ltd the terms and conditions of a freight worker stated that he was expected to work a basic 35 hours per week made up of seven-hour
The Law Under the Equality Act 2010 (previously the Disability Discrimination Act 1995), a person has a disability for discrimination purposes if they have a physical or mental impairment which
However, the recent case of City of Edinburgh Council v Lauder makes it clear that in certain circumstances only time spent awake for the purpose of working counts as working
Epilepsy is most commonly diagnosed in children and in people over 65. According to the Epilepsy Society “there are over 60 million people with epilepsy in the UK, so around 1 in 100 people.”
Calculating holiday pay and entitlement is rarely a pleasure and almost always a chore! It would be wise to review the calculation of holiday pay for term-time workers.
Many are asking the same questions. In order to provide cost effective advice we are preparing a toolkit which will address the following Frequently Asked Questions: Who is affected by
We know that there are specific challenges facing staffing in this sector and so, using our sector-specific knowledge and experience, we have devised this webinar to assist as you navigate the issues.
With the announcement of the latest Legal 500 rankings, Anthony Collins Solicitors once again showcases leading individuals and next-generation lawyers across its sectors.
This week we continue to look at key issues affecting charities, some of the great funding available to them and creative to help their communities.
Successive generations have witnessed seismic shifts in the workplace; post-war it was the return of the soldiers and the impact on working women who had to work in their place.
Chris Lloyd-Smith, a partner at Birmingham-based law firm Anthony Collins Solicitors (ACS), has been elected as chair of Resolution’s West Midlands group.
Rosebery Housing Association Ltd v Williams & Anor - This recent county court case provides helpful food for thought when it comes to anti-social behaviour (ASB) injunctions involving disabled tenants
Welcome to our charities monthly round-up for December 2022. In this edition we highlight the importance of philanthropy but equally knowing your donor, new measures coming into force for the right for flexible wor [...]
In the Court’s ruling, it was decided that the disclosure of old convictions and cautions was incompatible with Article 8, the right to private and family life. The Court accepted
The Court of Appeal has made a judgment on whether overtime and other factors should be considered when calculating holiday pay.
You may have missed this, as we nearly did, but just before Christmas the British Standards Institution issued an updated version of PAS 91.
The Government has been refused permission to appeal a decision ruling that transitional arrangements in public sector pension schemes are discriminatory.
The current position in respect of calculating holiday pay could cause widespread financial damage at a time when housing providers are under increased pressure to demonstrate value for money, one
Not every qualified teacher will be eligible to join the Teachers’ Pension Scheme – only those who are carrying out the role of a teacher. The updated guidance makes clear
The guidance is little more than a précis of the social and environmental aspects of European procurement rules as implemented by the Regulations (and, if you don’t want to read
This ruling confirms the Advocate General’s opinion in this case, which we released a briefing on earlier this year – see here for our full commentary on the implications of
This decision may have significant implications for landlords undertaking improvement projects. Click here to see the facts of the case. This case concerns 97 holiday chalets at Point Curlew, a
What happens to existing contracts with Morrison? Mears have confirmed to us that they have purchased the shares in MFS, rather than the assets. Since this is a purchase of
Working from home has allowed much greater freedom for individuals to dress as they choose. However, with returning to the workplace, revisiting a dress code may be advisable.
The firm was established around 40 years ago by licensing lawyer and Christian Anthony Collins, who wanted to fuse his professional life and his faith to serve the needs of
The 2014 Directive spells it out, though, in just its second Recital: “Public procurement plays a key role in the Europe 2020 strategy… as one of the market-based instruments to
We often see new clients who have not been claiming all the benefits they are entitled to and need some help getting their financial affairs in order.
The Court of Appeal has today (13 July 2018) handed down judgement in the cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (t/a Clifton House residential Home).
“We’re pleased that agreement could be reached in court today, 1st April, between the charity and those campaigning against us. This means that those Botton Village co-workers opposed to change
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
Gemma first joined Anthony Collins Solicitors as a trainee, qualifying into our housing corporate services and funding team. While working predominantly in the social housing sector, Gemma also advises community
This year, as well as maintaining all previous rankings, the firm has climbed the rankings for their work in Construction (West Midlands), Charities (London), Court of Protection (London) and Local
Jonathan Cox is the head of Anthony Collins Solicitors’ new Manchester office, leading on recruitment and expansion in the North West.
Delegates will be reminded about the necessary processes and procedures needed when dealing with absenteeism and the issues to be aware of especially when employees have disabilities.
Our Housing Legal Update seminar will follow on from our May edition of our popular Legal Update Report, and provides an opportunity to hear from our sector experts.
Our Housing Legal Update seminar will follow on from our May edition of our popular Legal Update Report, and provides an opportunity to hear from our sector experts.
Organisational change is inevitable and is often essential to ensure reinvigorated service delivery and to achieve value for money efficiencies.
By early morning on 3 May, it was clear that there had been a huge change in the composition of many councils across the country.
For decades now, fewer and fewer services provided by local authorities have been delivered directly by them. However, over the last couple of years, there are signs that this tide is changing.
Volunteers are often the bedrock of charitable organisations, but they are not protected from sexual harassment within those organisations.
The SME-supporting legislation in Part 4 of the Public Contracts Regulations 2015 incorporates the recommendations of Lord Young in his three reports for Government on improving SME success on winning
Dominic Curran becomes head of charities at Anthony Collins Solicitors.
It is important that trustees are aware of the law relating to people who are transgender and those who identify as non-binary so that they can ensure compliance.
Concerns by leading consultant urological surgeon of the failure and delays in the NHS diagnosing Cauda Equina Syndrome leading to devastating injuries for patients.
The board of a housing services company was reportedly dismissed in December 2019 following the discovery of a variety of safety and hygiene issues in the properties they manage.
Expectations were low, so its hard to be surprised but yesterdays’ announcement of the Social Care Compliance Scheme will have left most providers with a new headache to consider in
The Civil Courts have now released a list of their priorities for housing enforcement work.
There was some good news as the Chancellor unveiled a £750 million package for UK charities to support them through the next few months.
An internal guidance note to their compliance staff published on 5 February 2016, which HMRC have now disclosed, was in use until 9 March 2016 and states the following: “It
Click here for the guidance: Calculating the minimum wage The standard approach to sleep in shifts across the care sector is to pay a flat rate for a sleep in
This was reflected within the Regulator’s consultation on the Regulatory Framework last May and in particular within the proposed new Governance and Financial Viability Standard (the “Standard”). The proposals contained
Procurement Policy Note (PPN) 05/20 announced the Government’s update of its “Outsourcing Playbook”.
As the number of COVID-19 cases continues to decline in the UK, the nation’s attention is being increasingly focused on how we can recover and reform.
Explanation of the similarities and the warning signs we need to be aware of in prescriptive SARs.
While Christmas is looking a little different and we may be feeling less festive than we normally would, it is still a good time to reflect on what we have overcome this year.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
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 [...]
EOTs have been aggressively marketed as a tax-free share sale, but that should not deter practitioners from raising EOTs.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
Many local authorities have assessed that a trading subsidiary or trading structure could be beneficial as part of generating income or the service delivery matrix.
The exemption enables a cost sharing group (CSG) to supply services to its members without charging each other VAT where five criteria are met: the CSG is an ‘independent group
We are helping many providers try and argue that their staff are working unmeasured time and therefore that their arrangements on paying a flat fee for the shift are compliant
Inspections HMRC appear to be continuing to carry out inspections in which they indicate that every hour of a sleep-in counts for National Minimum Wage (NMW) purposes (where HMRC believe
1. Companies House – confirmation statement filing guidance Companies House has recently published guidance on the filing requirements for confirmation statements. This follows the requirement for every compa [...]
But just how often do you stop and reflect on the needs that aren’t externally imposed on you, but are nevertheless just as vital? Do you have a contingency plan
Given that Academy Funding Agreements oblige Academies and Multi Academy Trusts (MATs) to abide by the terms of the Handbook, new editions provide a key mechanism by which the Department
This can sometimes mean that they owe significant payments, either to workers themselves or to HMRC, for breach of national minimum wage or tax rules. They may also find that
Board members to repay sums out of own pocket? A recent report in Inside Housing suggested that the Board Members of Gallions Housing Association could be liable to pay back
1. What is a PSC Register? The PSC register is a new statutory register that most UK companies and LLPs are required to keep from 6th April 2016 as a
The Guidance gives direction on property disposals for local authorities, alongside details of other government policies to support them to dispose of sites that could be made surplus. The Government
What is a PSC Register? The PSC register is a new statutory register that most UK companies and LLPs (including charitable companies) will be required to keep from 6th April
Over the past 30 years we have worked with local authorities, community groups, developers, housing associations and indeed the Government itself, often engaging in official programmes. Indeed two of the
The way in which organisations interact with social media is just one way an organisation needs to consider its approach to reputation management. Within minutes of an incident happening social
This case concerned a charitable foundation in Norway, Stiftelsen Fossumkollektivet (SF). SF offers residential care for young people with drug and/or alcohol problems and has therapists living on site with the
The Secretary of State hailed the December 2015 announcement of a historic settlement for town halls, gushing about a new era of long-term financial certainty for councils and more resources
As a legal support partner of CBIT in the Midlands, members of staff at ACS organised activities throughout the day including samosa sales and cake sales. They were also challenged
Well, we can all feel inadequate on a bad day and it may sound a bit of an old advertiser’s cliché, but in this case it can have disastrous
Although the decision relates to an application under the NHS Pension Scheme, it has wider implications for decision makers making similar decisions under other schemes, including the Local Government Pension
They can however make mistakes and delay or increase the problem for the employee, resulting in damaging the productivity and efficiency of the organisation, or lowering the morale between colleagues.
Anthony Collins Solicitors (ACS) has picked up Paralegal of the Year after being shortlisted for four categories at the Birmingham Law Society Awards.
During the Coronavirus outbreak, the health and safety of employees and members of the public are paramount.
Recent Charity Commission inquiries and their implications for trustees, updates to guidance on volunteering and safeguarding and the steps you can take to prevent your charity falling victim to fraud
As we all come to the end of a busy year, we’d like to share some of our highlights with you, as well as some articles for you to consider in the New Year.
Welcome to our charities monthly round-up for August 2022 where we talk about new changes being introduced with the new Charities Act 2022 and some charities whose financial processes and governance have found them [...]
We are delighted to have maintained our position as a top-tier firm in four of our practice areas in the Legal 500.
Brown v General Vending Services Ltd 2023 EAT 98 is both technical and practical in equal measures, no mean feat! Technically all roads lead to the definition of disability under the Equality Act 2010.
Anthony Collins announce Band 1 firm rankings in the Chambers UK 2024 Guide.
In February 2023 Michael Gove announced that mandatory qualifications would be introduced for senior social housing managers and executives. The Social Housing (Regulation) Act 2023 introducing this received royal [...]
The decision in their favour set a precedent and extended the time period that an employee can bring a claim for equal pay compensation from six months to six years.
When contractors carry out works or services in a defective manner; the dilemma is how to recover remedial costs without throwing good money after bad?
Those working in struggling neighbourhoods will continue to see the fall out from the squeeze on the welfare budget. The tightening of the benefit cap and the current and future
The defendant worked for a charity which supports young people and their families. It was reported that the defendant had sent 11 emails from his work email account to his
In the third part of our series on contract management pitfalls, we look at the risks and opportunities presented by instructing changes under construction contracts.
The diamond: this is not just about seven metropolitan unitary councils getting together but the scope for expansion to, and development in, a wider area of local authorities currently
Creating an inclusive and diverse workplace culture is no longer seen as “management speak” but rather as a necessity for success.
Final accounts may mark the end of the delivery phase, but risks remain that must be managed appropriately to avoid disputes.
Community care disputes arise in many different circumstances, from social care to housing, education and NHS funding to welfare disputes.
Liz Wyatt explains how using tools such as the CAFCASS Parenting Plan and OurFamilyWizard can make conversations around children easier when a relationship breaks down.
Of course, the starting point should always be warning letters and discussions with the leaseholder to ensure they are aware of the terms of their lease and the allegations of
A consultation on the revised VFM Standard was issued last week, which will inform revisions on the Standard, which it is proposed will come into force from April 2018.
Background Social care providers may have seen a recent article in the Guardian entitled “Modern slavery: the next social care scandal?” in which they report that foreign nationals working in
In a comprehensive judgement, the High Court rejected a challenge by Stagecoach to the procurement of new franchises for the South Eastern, East Midlands and West Coast rail lines.
As the Government continues to relax social distancing requirements, many charities have found the easing of lockdown as difficult to manage as going into lockdown.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
From April, we are expecting increases to the National Minimum Wage, Statutory Redundancy Pay, Statutory Family-Related Pay and Statutory Sick Pay.
A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
1. Register of Persons with Significant Control (PSC Register) update UK Companies and LLPs have been required to prepare and maintain a PSC Register since 6 April 2016. The Fourth
However, the Act failed to define “serious harm” which has led to some uncertainty as to the threshold a Claimant must reach to prove that a statement is defamatory. The
This White Paper concentrates on three themes: getting the right homes built in the right places, speeding up house building, and diversifying the market. It welcomes the contributions of local
This has led to areas of dispute and interpreting the law wrong can prove costly. The Government has decided to consolidate the law into one set of Regulations. These have
The requirements largely mirror those being imposed on the private sector, reported in our briefing in October 2016: Gender Pay Reporting is coming – are you ready?. However, they are
Background of NEC contracts NEC contracts are endorsed by the UK Cabinet Office’s Construction Clients’ Board, are recognised as supporting good practice by its Facilities Management Board, and are supported
The focus of this response was their power to issue official warnings under the Charities Act to a charity trustee or a charity, where it considers there has been a
Local government functions — local authorities may only act where they have a power (they can act) or a duty (they must act) set out in legislation. Different forms of local
As a values-driven business ourselves, we understand the challenges of balancing the commercial realities of running a sustainable and profitable business while also achieving your social goals. So how can
Our client has received a lump sum of £3.4 million and annual payments of £195,000 for the rest of his life. This money will improve his quality of life significantly,
Sport England has been responding to queries by asserting that it would be published ‘by the end of this month’ and it was. It arrived on Monday 31 October, and
As state funding reduces, and communities look to take responsibility themselves, there are places in many communities that are of particular importance to the local people. They may be facing closure
The national launch event was chaired by Chris White MP, the author of the Public Services (Social Value) Act 2012. Mark Cook, partner at Anthony Collins and author of the
Commencement Order recently published means that from 13 May 2014 and onwards, the new riot related discretionary possession ground, changes to the existing ASB ground and various community remedies come
Devaluations Operating and development costs At its core social housing is an asset management and home building activity and therefore the cost of building materials is very important. Given that
This has come to light through paperwork (the so-called “Panama Papers”) obtained from the offices of Panamanian law firm Mossack Fonseca the fourth biggest provider of offshore company and structure
When does it apply from? The calculation date for the applicable rate of pay for each pay reference period is the first day in the pay reference period. This means
Decide if your marriage is really over or if you’re just coming to find out more. Would you benefit from going to Relate? How will you pay for the initial
The results of the consultation are as follows: The Government will not now be removing the definition of service provision changes from within the scope of a TUPE transfer. Service
We think that some of the proposed changes are positive but careful attention will need to be paid to the detail of the wording as the current proposals seem to
The Private Members Bill Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill 2017-19 now has Government support and was debated at second reading on Friday 19 January 2018.
We welcome the Labour Party’s commitment to doubling the size of the co-operative economy. We wholeheartedly support the ambition to grow this vitally important part of the economy.
Our spotlight piece considers the role of a Senior Independent Director and sector best practice. We also explore recent developments in case law, regulatory and data protection updates, and more.
Anthony Collins Solicitors (ACS) has today (16 February 2022) released its fourth Social Impact Report, revealing the scale and impact of its social-purpose-driven legal work.
The use of a prohibited nerve agent on British soil resulted in the Court considering whether it was in the best interests for personal data to be released for use by the OPCW.
Last week, England entered another period of lockdown which will last until at least 2 December.
Contractors and delivery partners are facing a ‘perfect storm’ in many cases with a number of factors directly impacting upon the profitability of their work.
In this joint webinar with LCP and Anthony Collins, we will explain what to expect from the SHPS valuation and provide a recommended action plan to assist you in preparing for the results.
The increase in the National Minimum Wage (NMW), which took effect on 1 April 2024, is having a disproportionate effect on care homes and other adult social care service providers.
The Department for Education is reviewing its policy on approval of pass-through arrangements in the Local Government Pension Scheme
Newnham College, Cambridge, received a fine from the HSE in January for failings that exposed employees and subcontractors to asbestos during refurbishment works on a flat owned by the college.
A pass-through agreement is and common way for academies to share the risks of participation in the Local Government Pension Scheme (LGPS) when outsourcing services.
Many of the proposals set out in the 2014 consultation (see our e-briefing on this here) have been carried through into the new Regulatory Framework documents, which will take effect
We expect that it will take at least 8 weeks for the Supreme Court to decide whether to grant permission to appeal.
September marks the end of summer, the start of a new school year and the release of this quarter’s company secretary update.
Following the decision in the Court of Appeal last summer, the Supreme Court has announced today, that Mencap’s leave to appeal this has been granted.
The Bridge is a Birmingham based charity bringing hope to men and women recovering from drug and alcohol addictions as well as those exiting prostitution. It does this
“The evidence shows that something has to change. The social care sector in particular needs to receive proper support from central government and ensuring the integration of health and social
The report is covered across the media, links to which can be found at the bottom of this page. It should be noted, compensation payments are designed to put the injured
New rankings were achieved for Intellectual Property and IT in the Midlands, and for Charities, Social Housing Finance and Court of Protection in London. Several lawyers also received praise in
The new Care Bill for England is currently going through the House of Lords. It is a broad ranging piece of legislation, which reforms a number of important areas of
Matthew was invited to become partner following a successful seven years with the firm. Working with clients in the Housing and Health & Social Care sectors, Matthew is well known
The claim has been settled out of court, without any admission of liability, after ACS sued the hospital trust on behalf of a client referred to as Mrs C. Northampton
It was this problem that Sarah Greenhalgh and Julie McGuigan from Anthony Collins Solicitors, together with other young professionals from Birmingham, decided to tackle and from this has arisen –
The Birmingham-based firm achieved improved rankings across seven of the specialist sectors it works in including Private Client (Band 2) Real Estate Litigation (Band 3) and Intellectual Property (Band 3).
Our Housing team are delighted following a formal tender procurement process to have been appointed to three lots under the new multi-million-pound legal services framework for The Riverside Group.
Anthony Collins Solicitors’ Social Housing practice are celebrating securing a place on One Manchester’s legal panel.
Anthony Collins Solicitors is pleased to announce its appointment to the UK Government’s Crown Commercial Service (CCS) new £320m wider public sector legal services panel.
Anthony Collins Solicitors first Social Impact Report attributes 91% of its 2017/18 work to directly improving lives, communities and society.
We’re delighted to announce that we have once again been ranked fourth in the list of the top legal advisers by number of charity clients in the Top 3000 Charities 2019 directory.
To celebrate International Women’s Day 2020, we are reflecting on the work that we, and our clients, have done that supports women.
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Nine in ten UK businesses are on the journey to becoming more ethical as a result of growing pressure to operate in a way that benefits society, according to a new poll released today.
We’re delighted to announce that we have been ranked in the top five national legal advisers in the Top 3000 Charities 2021 directory.
Anthony Collins Solicitors are delighted to announce that they have been ranked as a Band 1 firm in Chambers and Partners 2022.
Matt Wort, partner and head of the health and social care team at Anthony Collins Solicitors (ACS), a national law firm with offices in Birmingham and Manchester, has been named as one of the The Lawy
The challenges faced by Health Social Care Sector, be they through the impact of Brexit, financial constraints or compliance and regulatory requirements are particularly acute at this time.
We will be looking at employee ownership in the context of the practical, financial and ethical benefits the approach can give, with experts in law, tax and cultural change for organisations.
Steven Brunning discusses the new Procurement Policy Note (PPN) from the Cabinet Office which requires organisations to consider how they can cut ties with companies backed by Russia and Belarus.
The Court of Appeal has delivered its verdict on a High Court decision that the Right to Rent scheme was discriminatory and in breach of the ECHR.
Natalie Barbosa looks at how charities can reflect their values in their investment strategy.
The Government have announced that there will be urgent reviews leading to the discharge of wrongly detained young people.
The LHA cap was designed to stop the state from subsidising private landlords through a benefit which is designed to help vulnerable individuals in need of housing. For example, for
We have submitted our response to the White Paper Consultation based on the discussion held at the “Planning for the Future - what does this mean for affordable housing” webinar we held on Fri 9 Oct
The monthly round-up from the Anthony Collins Solicitors charities team.
Our data protection consultant, Clare Paterson, explores the risks of a data breach in social housing, and how you can reduce and manage the risks of your housing association having a data breach.
The Supreme Court recently provided guidance on the extent of leaseholders’ rights under the Right to Manage (RTM) in the context of leaseholders exercising an RTM for a block within a larger estate.
What does the latest Charity Commission’s guidance issued on 29 March mean for the intra-group arrangements of housing associations?
The largely unexpected fire-safety risks identified following the Grenfell Tower disaster have exerted significant pressure on social housing budgets.
Tom Gregory gives his perspective on mediation as a newly qualified solicitor.
On 8 December 2021, the Competition and Markets Authority (the CMA) published its revised consumer law advice for care home providers (Guidance).
The Coronavirus Act does not change the need to comply with the Mental Capacity Act (MCA) or the Deprivation of Liberty Safeguards (DoLS) regime.
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 p [...]
The Law Commission published a report on 4 September 2019 detailing its view regarding the electronic execution of documents.
The Charity Commission has issued two guidance notes reassuring charities of its flexible and pragmatic approach at this uncertain time.
A new National Framework for Continuing Health Care (CHC) and other NHS funding for health and social care services came into effect on 1 October 2018.
The Pensions Ombudsman has introduced fixed awards for distress and inconvenience (or “non-financial injustice”) caused by maladministration in the management of pension schemes.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
Sparked by the exponential growth in developers selling houses on a leasehold basis, with rapidly rising ground rents, the paper poses a variety of questions to respondents on how to
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
Whilst women make up 13% of the construction workforce, only 1% of manual trade workers are women.
We hosted a breakfast roundtable with Insider Midlands magazine that had attendees from a range of organisations addressing housing needs in the Midlands. The discussion explored JVs in more detail.
Social purpose law firm Anthony Collins Solicitors (ACS) has announced three partner appointments in May.
Manchester-based law firm Anthony Collins Solicitors (ACS) has been appointed by The Growth Company to support its business development and in-house legal teams.
Phil Watts discusses the Government White Paper on education to explore the question, to what extent could the proposals lead to a sea change in our education system.
Academies outsourcing services such as catering and cleaning often share the risks of participation in the local government pension scheme with contractors.
The 2022 Code replaces the NHF Code of Conduct 2012 (the 2012 Code) and sets out the baseline standards that the NHF expects of its member registered providers (RPs).
With the new law, spouses will be able to achieve a good divorce, making the best of a bad situation.
Anthony Collins Solicitors (ACS) has been appointed to the Platform Housing Group legal services framework: property, housing management, and corporate and finance.
Anthony Collins Solicitors has appointed a new partner to its local government team, bringing over 19 years of legal experience to the social purpose law firm.
Health and Social Care: Matthew Wort provides some key questions about your readiness to provide new solutions in a changing social care environment and how to provide a public service to be pro [...]
Even fans of the current regulation 72 of the Public Contracts Regulations 2015 (PCR 2015), regarding modifications to existing contracts, will admit that it is convoluted and difficult to navigate.
This ebriefing outlines the provisions in the new Procurement Bill (the Bill) about challenging a public procurement process, the remedies available, and the proposed new procurement oversight authority.
On 14 July 2022, the Regulator of Social Housing (RSH) published its annual consumer review. The review covers the year 2021-22, providing valuable insight into the issues causing the RSH greatest concern and highl [...]
Kirsty Duxbury, a lawyer at national social purpose law firm Anthony Collins Solicitors (ACS) and Deputy Registrar of the Diocese of Blackburn, has been appointed as Diocesan Registrar of the Diocese of Worcester.
Family mediation is one of several options that couples have when resolving child or financial issues that may arise during a separation process.
This month we discuss the Charity Commission’s latest news bulletin, details required by Companies House, prize and sales limits for society lotteries and the public benefit requirement for charities.
The Charity Commission has produced guidance to help charities understand whether the changes to the rules regarding automatic disqualification will affect them and what they mean.
Organisations are increasingly becoming victims of criminal fraud and cyber attacks. It is essential that organisations, including charities, protect their assets, data and reputation.
Anthony Collins Solicitors are delighted to announce that they have been ranked as a Band 1 firm in Chambers and Partners 2023 within Clinical Negligence: Mainly Claimant (Midlands), Family/Matrimonial (Birmingham [...]
Are you one of the 96% of businesses in a recent survey which is focusing on undertaking EDI training over the next 12 months?
In the latest Legal 500 rankings (26 September 2019), Anthony Collins Solicitors has added Local Government to its Tier 1 rankings in the West Midlands.
Late last night (26 March) the Ministry of Housing, Communities and Local Government (MHCLG) issued a guidance note regarding Court Service.
Law firm Anthony Collins (AC) has announced the appointment of Matt Wort to senior partner, following nearly two decades at the company.
Birmingham-based Anthony Collins Solicitors (ACS) has announced a raft of new promotions, including appointing three new partners.
Local governments award over generous severance payments at their peril as Northumberland Council have recently found out.
It’s been a difficult few years for providers but a new year brings with it a fresh start. This may involve considering selling your care or dentistry business, which can be an extremely personal and difficult decision.
Long running concerns over the future of Interserve – the largest public sector focused contractor and outsourcing firm – took a new twist on 15 March 2019.
A bigger role for customer owned business (building societies, credit unions, co-operatives and mutual insurers) to increase corporate diversity and customer choice; More employee ownership to share the rewards
Join Doug Mullen for a free 45 minute webinar on pension disputes in the Local Government Pension Scheme (LGPS).
New Regulations, the Home Loss Payments (Prescribed Amounts) (England) Regulations 2015, have been passed so that for displacements occurring on or after 1 October 2015 the home loss payment due:
They say that the consultation document should be welcomed. Having listened to serious concerns about some aspects of the previous draft guidance, the FCA sets out sensible new proposals about
This award, presented at a gala dinner on 15th July, recognises the enormous efforts Nazan has made to improve road safety since her teenage daughter, Hope, died after being knocked over
In brief, Mrs Jackson and her only child, Mrs Ilott, had been estranged since Mrs Ilott moved out of their home in 1978, aged 17. Mrs Jackson had raised Mrs
Underpinning it all are the “Treaty of Rome” fundamental principles of transparency, equal treatment and non-discrimination, proportionality and mutual recognition. These principles underscore all the detail now de [...]
Pressetext confirmed that to change a contract in a material way was to defeat the purpose of the original competition to such an extent that, if a challenge were received,
The 2015 Regulations have more to say about subcontracting, in particular by: requiring purchasers to obtain and record more about the subcontractors used by a successful contractor to whom
This case is salutary to lawyers to make sure that they get full information from the client about all of their assets, income and liabilities and family members and dynamics.
This recent case has highlighted another situation where it may be possible for under 18-year-olds to make "a will".
The maximum discount available to tenants exercising their right to buy or preserved right to buy (in England only) is increasing.
Lasting Powers of Attorney (LPAs) can be extremely powerful documents in terms of enabling others to deal with your affairs when you have lost the capacity to do so for yourself.
Social housing providers will routinely have a number of construction projects underway at any one time. It is essential for client teams to understand and avoid key contract management pitfalls.
You can view Sheree’s full article on the Justice Gap website.
A long-awaited decision of the Court of Appeal has clarified that a lower standard of proof should apply than previously thought before an Inquest can return a conclusion of suicide.
New regulations come into force on 1 June 2019, amending the Section 21 (s21) prescribed form template for use with assured shorthold tenancies.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
The Tenant Fees Act 2019 came into force on 1 June 2019.
The Office of the Immigration Services Commissioner (OISC) has launched a new scheme specifically for charities and not-for-profit organisations who want to advise EU citizens on UK settlement.
A new Tribunal decision was published in December 2017 that found that a local authority must assess whether a bedroom can physically fit the number of expected children to sleep in it as a bedroom.
The Lifeline Project was a well-regarded charity. Failure to carry out the targets within the contracts led the charity into insolvency and resulted in a personal, 7-year disqualification order.
Carillion’s liquidation – immediate steps to take It is too early to know how this will all play out. In the meantime, many of our clients will have concerns from
As family solicitors we see many cases such as these and some which boil over into legal disputes and court proceedings. Although in court proceedings a court appointed professional called
Recent research by the BBC found that 1 in 8 patients experience delays in handover by ambulance crews on arrival to hospital, with many patients then waiting in corridors or
Once again it’s time for “rebasing” of the EU public procurement thresholds to the euro figures in the EU Procurement Directive. This happens every two years, and this time the thresholds have gone up.
The European Court has upheld the long-standing principle that parties to a dispute should be able to choose their lawyers without having to go through a tender process (or use a framework).
As you will be aware the Form N5B is the claim form used for accelerated possession proceedings following service of a Section 21 notice seeking possession (in respect of an
On 8 July, news broke of the staggering fine of more than £183m the ICO intended to levy against British Airways as a result of a hack that took place in 2018, compromising 500,000 customers' data.
Currently, the only ground for divorce is irretrievable break down of a marriage. Following a consultation, the Government has announced its intention to reform the legal requirements for divorce.
The amount landlords will have to pay occupants entitled to home loss payments is increasing from 1 October 2019.
Calling all school governors, trustees, PTA members, kids’ club leaders, parents…
In Ahern v Southern Housing Group Ltd EWCA Civ 1934, Mr Ahern had opposed Southern HG’s claim for possession against him on ‘public law’ grounds – by arguing that
Following the announcement in April 2019 that the Government was going to consult on abolishing the use of Section 21 notices, the promised consultation has now been issued.
The LGA estimate that Councils will need to find a further £330 million to fund social care to ensure providers can pay the Living Wage from an already shrinking budget.
In 2014, the Charity Commission released its first guidance for charities on reporting serious incidents. The Commission has recently updated this guidance.
Diabetes is reaching epidemic levels and the International Diabetes Federation recently stated that 415 million people aged 20-79 across the world are now known to have the condition. It is
In 2017, the NCVO commissioned a review of the tax reliefs available to charities. The brainchild of this review was published on 17 July 2019 in the form of the Charity Tax Commission report.
The findings of the report can be accessed here. In current times it is not surprising that there are perhaps disparities in funding models whether due to geographical area
Married couples or civil partners have the right for their needs to be considered by the court following the breakdown of the relationship and as such the law provides protection
The Government commissioned an independent review of the Modern Slavery Act 2015 in July 2018. The outcome was published in May 2019 which highlighted areas for improvement.
The Mental Capacity Act (“MCA”) came into force on 1st October 2007. The Act sets out important principles affecting how we should approach decision making with a person with impaired
Effective inheritance tax planning generally revolves around gifting or appropriate investment. Typically a sophisticated client will require a combination of the two. A client generally needs to have survived the
The Act is underpinned by the fundamental concept that everything must be done in the P’s best interests and enshrines the five core principle under section 1 of the Act
Finding the right gift, money worries, family problems, and alcohol-fuelled celebrations all add to a cocktail of issues that can cause difficulties within relationships. In recent years the first Monday
On 31 July, the consultation period ended on MHCLG’s proposals for reforming the building safety regulatory system set out in the 'Building a Safer Future' document. We have submitted our response.
Special rules apply regarding beneficiaries where: The deceased leaves an interest in a property as a specific gift to an individual/s; or Where the Personal Representatives (PRs) transfer an
The world of families and relationships have developed substantially over the last couple of decades with second, third (and in the case of Elizabeth Taylor eight!) marriages being a fairly
Social landlords are seeing a rising number of Equality Act defences to possession proceedings. A recent Court of Appeal decision helps shift the likelihood of such defences succeeding.
Natalie Barbosa summarises some of the legal challenges facing fundraisers in the charity sector.
Residents are now unable to make applications to prohibit landlords from seeking to recover the cost of legal proceedings through the service charge on behalf of other residents, without consent.
Joint ventures present an opportunity for housing associations to build organisational capacity, the revenues from which could help deliver on wider social housing commitments.
The Times is looking for three or four charities to feature in their editions running in December 2019 and early January 2020.
This is one area where the Crown Commercial Service guidance is correct. As that guidance says, “Where a contracting authority is satisfied that it is lawful not to advertise an
These are an extension of the “duty of candour” guidelines introduced for the NHS and private healthcare organisations. Previously the duty to tell a patient when a mistake had been
1. Spring clean your constitution! The 2015 NHF model rules focus on updating the 2011 version to reflect recent changes in law and regulation, as well as making the rules more
All full members are members under Company Law. We have twelve branches. Each branch elects one of their members to be on the board of the national charity. One branch
Key proposals in the consultation, which can be found here (see A-Z of projects > Charity Law), include:- simplifying the process for a Royal Charter charity wishing to amend its governing
In the fourth part of our series on contract management pitfalls, we look at the risks arising out of varying the terms of construction contracts.
The UK Information Commissioner’s Office (ICO) has recently made some noteworthy changes to its guidance around data subject access requests (DSARs).
Looking at the Conservative’s latest proposal about shared ownership right to buy, concerns from associations about the impact that might have on their funding ability are well placed.
Our Court of Protection team manage the finances of over 100 people who do not have the capacity to look after their own affairs, and who have not appointed an
Douglas Houghton‘s appointment follows a period of sustained growth for the team and will enable ACS to continue to deliver the very best care and support for its increasing number
Glow Day is a campaign to raise awareness of the importance of children wearing reflective clothing when they are outside, particularly in the autumn and winter months. Statistics show that wearing
The firm achieved Band 1 ranking in three practice areas, becoming the only firm to rank in the Chambers guide in Birmingham with a child-care practice, along with rankings for
Dominic leads on property development work delivering strategic advice on major projects for a range of Social Business, Charity and Health and Social Care clients on behalf of the firm.
The firm successfully maintained its number of individuals listed as ‘leading individuals’ and increased the number of ‘next generation lawyers’ across a range of sectors and specialisms, including Ann Houghton and
At Anthony Collins Solicitors, we work with clients from a range of backgrounds, on a range of case sizes. For each client, we strive to provide a professional service that results
TKAT is one of the largest Multi-Academy Trusts in the South of England with over 40 Primary and Secondary Academies. They are committed to providing outstanding teaching and learning to prepare
The Housing Corporate Finance (HCF) team at Anthony Collins Solicitors acts for housing associations on the strategic governance and projects work They work closely and consistently with executives and board members
(Image: Natalie Singh, Partner, collects award) Over the past 25 years, Anthony Collins Solicitors has grown to be one of the leading national law firms supporting the social housing sector.
Air pollution is estimated to cause the equivalent of 40,000 early deaths in UK annually. It is a critically important issue in this region and elsewhere: the West Midlands is
At Anthony Collins Solicitors, not only do we want to provide the best advice to our clients, but the best possible service too. Part of this entails ensuring that our processes and systems
The event is intended to bring together housing professionals in the legal sector, housing associations, local authorities, police and all other interested organisations in order to provide a forum for up to
A recent publication by the Transport Committee recommends that pavement parking be made illegal and for new offences to be introduced.
The firm acted for Hartlebury Castle Preservation Trust in its negotiation and purchase from the Church Commissioners of Hartlebury Castle and its 43 acres of parkland for £2.272 million. As
There is no doubt that the new Regulatory Framework places greater responsibility on boards, expecting them to think strategically and to scrutinise the RP’s performance, compliance with standards and adherence
Whilst not all RPs are charitable, given the nature of the activities they undertake, alongside the significant tax advantages of charitable status, the majority are. This may be in the
Those developed by RPs sit easily alongside schemes established by private developers, with both types of scheme undoubtedly addressing a key need within communities and providing a real choice of
IDAs will assess an RP’s quality of governance, assessment of risk and its risk mitigation strategies. It is not yet clear whether value for money will feature as part of
This quarter our spotlight piece focuses on Brexit following the updated briefing note issued by the National Housing Federation (NHF) to help the housing sector prepare for a no-deal Brexit.
The Law Society has shortlisted Anthony Collins Solicitors in the Law Firm of the Year - Large category for the 2018 Excellence Awards.
Our response to the Government’s consultation “A New Deal for Renting” has now been submitted following the consultation closing on 12 October.
Anthony Collins Solicitors (ACS) won four awards at the Birmingham Law Society Awards last night (8 March 2018), including Law Firm of the Year (16 partners or more).
The Local Government team have been appointed to the legal panel for the EM Lawshare consortium next four years from 1 April 2018.
Anthony Collins Solicitors has updated the National Community Land Trust (“NCLTN”) Model Rules.
The recent £1.5 million fine imposed on BUPA Care Homes, following the death of a resident from Legionaries disease, demonstrates the increased risk of substantial fines and emphasises the need for organisations wi [...]
Procuring organisations who have to make substantial changes to a contract during an OJEU tender process can breathe a sigh of relief.
The case provides a useful reminder to be cautious and check whether agreements your organisation is entering into meet the QLTA definition and trigger Section 20 consultation.
Following a consultation earlier this year, the Regulator of Social Housing (RSH) has now published the final form of the new Rent Standard.
Following their consultation earlier this year, the Regulator of Social Housing (RSH) has now published the final form of the new Rent Standard.
A review conducted by the MoJ found that the costs of the OPG to supervise deputyships between 1 April 2008 and 31 March 2015 did not match the fees that the MoJ had set.
Many local authorities have declared a “climate emergency”; heat networks can be a part of the solution.
The new thresholds will apply to all contracts let and procurements that begin after 1 January 2020.
Providers need to be alive to the risk of contractors becoming insolvent and how to limit the resulting inevitable disruption.
In announcing the Government’s new housing association Right to Buy (RTB) policy on the Today programme this morning, Greg Clark left an obvious gap in the Government’s proposals that was left
Housing associations must continue to deliver core functions effectively and compliantly notwithstanding the uncertainty over the standards to which you will be held in the future.
Over the last few years the meaning of “asset management” has changed from being all about repairs to understanding that assets might not stay in an organisation forever.
Well, the honest answer at this stage is ‘we don’t know!’. Not altogether helpful I appreciate but, unfortunately, it is a true reflection of where we are! The Conservative Manifesto
The Grenfell Tower tragedy has understandably prompted a fundamental reconsideration of how building safety is approached for High-Rise Residential Buildings.
This was a complex transaction involving the restructure of KHT’s existing loan facilities and included a £90m US private placement and secures funding for KHT’s future affordable housing development programme.
The mood from colleagues in the community sector was sombre. Afzal Hussain, Chief Officer of Witton Lodge Community Association, reported that his organisation has seen footfall into their local centre rise
The potential for Brexit with or without a deal causes uncertainty, and credit rating agencies do not like uncertainty.
Pre-election the HA RTB was included in the list of promises that would be turned into action within the first 100 days. If the Conservatives were anticipating a minority Government they
A recent case throws light on the scope of the exemption for “land transactions” from the need for an OJEU tender process.
A leaked report into maternity services at the Shrewsbury and Telford Hospitals NHS Trust revealed by The Independent has been described as the “largest maternity scandal in NHS history”.
The mood from colleagues in the community sector was sombre. Afzal Hussain, Chief Officer of Witton Lodge Community Association, reported that his organisation has seen footfall into their local centre rise
But that is exactly where we are, with the Chancellor of the Exchequer, George Osborne, announcing the Government’s plan for a new City Devolution Bill in a speech delivered in
Facts of the case – The County Court Mr Werrett, the tenant and Defendant in possession proceedings, had suffered brain damage as a child. In January 2014 Mr Werrett admitted
R (on the application of MT) v Oxford City Council The Claimant (“MT”) had a mental disability that meant he was unable to manage his property and financial affairs. MT had
If the pledge finds its way into policy and legislation in the new Government it does raise the question though of “what if?” For all Housing Associations Seemingly associations will
Let’s face it, Wills are underappreciated and often overlooked. In fact, around 54% of the British public do not have one!
It covers a wide range of topics including charity mergers and incorporations, charity insolvency, the powers of the Charity Commission and the Charity Tribunal, the process for disposing of charity land,
Following the changes to the right to buy (and applicable to the preserved right to buy) on 21 July 2014), the following increase to the maximum discount has taken place:
Facts of the case Mr Akerman-Livingstone (“Mr AL”) suffered from severe mental health problems. In 2010 Mr AL was homeless and applied for housing. While his application was considered by
A Judge had not erred in making a possession order against a tenant because of her son’s repeated acts of nuisance. The tenant’s teenage son had exhibited anti-social behaviour in
The CDM 2015 will apply to construction projects starting after 6 April 2015. For projects that have already started at this date, there are transitional arrangements which we summarise below.
Following a consultation by the Department for Communities and Local Government (DCLG) and the Homes and Communities Agency (HCA) on the streamlining of shared ownership resales, the following policy changes
It is important to remember that when it comes to selling services, you must deliver on your promises.
Under section 3(1) of the Health and Safety at Work Act (HSWA) 1974, organisations are obligated to avoid public health and safety risks through the conduct of their business.
The ‘Teckal test’ was best summarised as a two part test: the ‘control test’: the parent must exercise over the subsidiary a control that is equivalent to the control it
We summarise the outcome of the High Court case ruling against Kingston-upon-Thames RBC and which landlords may need to take action and when, regarding compensation for overcharging water bills.
What is a Civil Partnership, and why is it only now that mixed-sex couples have the option of entering into them rather than only same-sex couples?
What is not often considered is a charity’s independence from charitable partners that it considers beneficial, or even essential, to its success.
In December 2014 the Environment Agency (the “EA”) published a Briefing Note entitled “Separate Collection of Recyclables” which details the approach it intends to take to compliance with producers’ and
The CIL was introduced under the Planning Act 2008 and the CIL Regulations 2010, which came into force in April 2010. CIL is a non-negotiable tax charged by local authorities on new developments.
The Court of Appeal’s recent decision is likely to be unwelcome news for any cash-strapped councils seeking to fund the costs of taxi enforcement through licence fees.
The UK Sepsis Trust have produced free school resources about sepsis, which is available online.
We’re delighted to welcome Nicole Robson to the role of Medico-Legal advisor in the Personal Injury and Clinical Negligence Team at Anthony Collins Solicitors.
We recently represented an elderly American woman who unfortunately suffered multiple injuries whilst on holiday in the UK.
In December 2019, the Care Quality Commission brought its first prosecution against a local authority
The Civil Partnership (Opposite-Sex Couples) Regulations 2019 were made on 5 November 2019 and came into force on 2 December 2019.
Would you know how to manage an escalating social media storm? Are you confident in your plans and policies for responding to, and managing, a prominent ‘scandal’ in your charity?
Recent data reports that the financial cost of clinical negligence claims runs to a total of £83bn, but what is the real cost of clinical negligence?
The United Kingdom Homecare Association (UKHCA) has announced its new calculation for the minimum price of homecare of £20.69 per hour (to be effective 1 April 2020).
Housing was one of a number of areas where in the election the parties tried to outdo each other. The Conservatives made “relatively modest” promises in respect of social housing;
In the recent case of Derby Teaching Hospitals NHS Foundation Trust and others v Derby City Council and others, Morgan J ruled against the NHS Trusts and found they were not charities.
In the first of a series, this article examines the impact of the Derby case on how local authorities should apply and charities can claim business rate relief.
Meningitis now are calling for corporate supporters as part of their New Year New You 2020 campaign - why not sign up and get a team together to take part in one of their events this year.
A recent High Court case suggests that the Charity Commission is now more inclined to utilise its regulatory powers than ever before.
The Society for Computers and Law (SCL) has introduced an Adjudication Scheme for IT Projects and Services.
CLA members in the West Midlands were able to participate in the meeting by video link from our office in central Birmingham and we were delighted to welcome representatives of
1. What makes the training you deliver for Thera Trust directors different from other client training? The training aims to engage everyone regardless of their previous legal knowledge, education or learning
In our latest Company Secretary Update, we focus on the Queen’s Speech over Christmas and the recommendations and commitments in relation to housing.
Although the Charities Act 2011 provides for the voluntary registration of such charities until now, the Commission has refused to accept such applications on the grounds of a lack of
The Commission have their sights set on charities that have entered into business rates arrangements that exploit tax legislation artificially and serve to benefit private interests, with charities benefiting as a
On 20 January 2020, the Ministry of Housing, Communities and Local Government (MHCLG) issued Advice for Building Owners of Multi-storey, Multi-occupied Residential Buildings.
“Monitoring the Mental Health Act in 2018/19” published by the CQC, has found that although improvements have been made, healthcare services need to do more to comply with their human rights duties.
These new changes will help to modernise the law governing divorce and remove the stigma surrounding divorce proceedings.
Chris Whittington will be speaking at Norwich cathedral on 'Leading from the Centre – Awareness, Humility and Transformative Leadership’ at the diocese’ annual Headteachers' Conference.
So what do you do when you are dependent on your local authority for both your revenue funding to carry out your activities and your occupation of the premises from
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.
As the global fallout of the coronavirus escalates, we examine its disruptive impact on contractual arrangements throughout your supply chain.
What does that mean for you as a Registered Provider and/or a local authority landlord?
An experienced Best Interests Assessor (BIA) has received a 12-month suspension order after plagiarising DoLS forms.
The Government proposes to make changes to the Care Act 2014 in England and the Social Services and Well-being (Wales) Act 2014...
Last week, the Lord Chancellor approved the issue of the Pilot Practice Direction, which affects the Health, Education and Social Care Chamber of the First Tier Tribunal (mental health).
With Covid-19 all around us, in a socially distant world, we advise on how you can still make your Will with proper advice.
We summarise the current approach being taken by the civil courts, and offer practical suggestions on what to do about adjourned upcoming hearings, trials or hearings.
At Anthony Collins Solicitors, we realise it is a challenging time for churches who will be supporting members of their church and its community.
Under the changes the DWP is allowed to share the following information with social landlords (not private landlords) about welfare-supported tenants, and landlords are required to receive and hold the information:
Fears that the Government didn't understand the practical difficulties that local authorities face were put to rest last night (23 March) following an amendment to the Coronavirus Bill.
Khaira and others v Shergill and others This case concerned a disagreement involving two factions of two Sikh gurdwaras as regards which of the factions was properly to be considered
Many LSVT Registered Providers (“RPs”) have come of age – or will soon be coming of age -after delivering their offer document promises. This provides RPs with the perfect platform
This article was first published on Lexis®PSL Personal Injury on 24 February 2015. Community Rights programme has too many obstacles for local people, says CLGC report, LNB News 03/02/2015 127
The GPA is a free trade agreement promoted by the World Trade Organisation (“WTO”) that regulates “public procurement”. Alongside the EU Treaty, the GPA forms the basis of the UK’s
We can confirm that the Regulations have come into force as drafted in September (you can read our ebriefing here) and that there are no substantive changes to their content. Private
During this period of uncertainty, many of you are unsure as to how the new government measures will affect respective parents spending time with their children.
The LHA rates are set by individual local authorities working out a median figure of the lower 30% of market rents within their boundaries meaning that the LHA rate varies
This is the first of our two part segment, where we’re taking the opportunity to outline some of the benefits and to dispel some of the myths. Making a lasting
The MCA was the first Act of Parliament to be built upon a set of principles – firm foundations to underpin the ethos of empowering and yet protecting people within
The key principles of the Mental Capacity Act create a framework to encourage and support people to maintain their independence for as long as possible. Our Court of Protection team
The report, dated 13 October 2017, looked at most of the CQC’s regulatory activities, but focused on how well the regulator was performing regarding its core functions of registration, monitoring,
Ten years is not a long time in terms of establishing law. The Court of Protection is an ever-evolving beast developing through case law. As a result, there has been
Known as Testamentary Freedom, a person making their will (a testator) can decide to make provision and leave gifts to family, friends and/or charity on their death – and also
Whilst a patient may be offered an appointment with either a ‘Consultant Podiatric Surgeon’ or a ‘Consultant Orthopaedic Surgeon’, the meaning behind a title can be misleading. Patients offered an
Current Test In order for a Will to be valid the testator must have the necessary mental capacity to make the will. It is important to be clear though, that
As you will be aware, RPs are currently in the middle of a four-year regime of annual rent decreases through the Welfare Reform and Work Act 2016 (the “2016 Act”).
The Fraud Act added section 15A into the Housing Act 1988, which states that if an assured tenant “sub-lets” or “parts with possession of the dwelling-house”, the “tenancy ceases to
In R (on the application of DA) and Others v SSWP EWHC 1446 (Admin), a challenge was raised by a number of claimants who were (or would be) affected
The decision of the European Court in LitSpecMet has confirmed our long-held view and the Opinion of the Advocate General in that case. This is that where a parent contracting
What is the correct approach for contracting authorities to adopt during these times, to navigate effectively the urgency of the situation alongside the legal duties on public sector organisations?
The Chief Coroner of England and Wales has published guidance on the impact of covid-19 on the Coronial Service.
In 2010, the NHS set the goal of “parity of esteem” between mental and physical health services. There has been little obvious progress towards this goal. In fact, in June
Sadly, there are numerous cases reported in the press of people using their position as an appointed financial attorney to rob elderly relatives or neighbours, but does this mean that
You would hope that anyone looking after the financial affairs of a friend or relative, or indeed, making any decision on behalf of another, would be motivated to make a
However, sometimes epilepsy medication can cause harm to the patient or even their unborn child. This is particularly the case with Sodium Valproate, which goes by the brand names Epilim
Our approach We believe that every person should be: Treated as an individual; Empowered and supported to make their own decisions about their life; and Free from undue pressure or
You can read the paper here. It is drafted on the basis of a “no deal” approach and assumes no access to European procurement markets for UK contractors. This clearly
The NHS has historically been under a lot of pressure, and that pressure is increasing for several reasons. These include economic, social and political pressures. The NHS was launched in
These regulations are part of a suite of measures introduced over the last 12 months to reverse the Office of National Statistics’ decision to reclassify housing associations as ‘public non-financial
Below is a series of questions and answers to assist with the new Pre-Action Protocol (“the Protocol”) and are primarily aimed at creditors. 1. When does it come into force?
The week was founded by Remember a Charity, a group of 190 charitable organisations whose mission it is to encourage the public to leave a gift to charity in their
Personal Injury analysis: Sheree Green, a senior associate at Anthony Collins Solicitors, says the Court of Appeal’s decision in Briggs means that, going forward, where the central issue to be determined
The consultation document was published at the end of July and is available here. It sets out the Government’s intention to impose duties on landlords (by way of regulations) to
The Care Quality Commission, the regulator for health and social care, set out very clearly what they expect from a good care home. On 10 August 2017, a new report
Having been the Judge of the Court of Protection for over 20 years, it is quite the condemnation of LPAs that have been increasingly advertised by the Ministry of Justice
From 6 April 2020, the practice direction that governs statements of truth for witness statements and statements of case is changing.
The anxious parents of a 13-month-old girl took her to the accident and emergency department of their local hospital at 4 am, as her mother noticed that she had a
All couples contemplating marriage, irrespective of their financial or other circumstances, and well before they fix a date for their marriage, should consider the need and suitability of a Prenup.
The Government have finally published the changes to the arrangements for holding local authority meetings that came into effect on 4 April.
In the case of R (Esposito v Camden LBC), decided in the High Court on 31 July 2017, the tenant had been evacuated from one of Camden’s tower blocks after
In a Financial Conducts Authority (FCA) statement published on 25 March 2020, that the existing end date for the use of LIBOR will not, at this stage, be pushed back.
The Government response to the Covid-19 pandemic is unprecedented. For the first time, the vast majority of the population is being forced to remain indoors for an unknown period.
Under the Land Compensation Act 1973, a landlord may have to pay a resident a home loss payment if the resident is permanently displaced from their home (subject to the
The briefing paper (Introducing a voluntary Right to Buy for housing association tenants in England) sets out the story so far, summarises the findings of the first VRTB Pilot research
Since the introduction of the Protection from Harassment Act 1997, the police have routinely dealt with low-level ‘harassment’ by issuing a Police Information (Harassment) Notice (PIN). What is a Police
Background JF was, at the relevant time, 22 and he has complex needs arising from his learning disabilities and autism. He was at a further education college with his placement,
The HCA (Homes and Communities Agency) has concluded its consultation on an amendment to the Tenant Involvement and Empowerment Standard (TIE Standard) on whether or not to require a greater
Amidst reports of the construction industry seeing its worst month since April 2009, what does this mean for registered providers?
The regulator of social housing (RSH) has published an update to all registered providers (RPs), including further concessions to reduce regulatory burden.
NICE is now advising home care services to prioritise older people’s unique needs so that they can be treated with dignity. You can see the full guidance here. The new
On 9 April 2020, the DHSC issued guidance for hospitals, care homes and supervisory bodies regarding the MCA and DoLS during the COVID-19 pandemic.
The legislation governing the creation of wills is 180 years old this year, and, surprisingly, much of it does remain useful and applicable. However, there have been significant changes over
As you will remember charities promoting sport and physical activity must comply with the Code to be eligible for Sport England funding. We covered this in our e-briefing late last
Naturally, everyone is horrified and concerned about the tragic events surrounding the Grenfell Tower fire. In light of the recent event, the CQC itself will be scrutinised and will be
We have received instructions from a number of RPs who have tower blocks that have failed the tests undertaken by the Building Research Establishment (BRE) for the Department for Communities
The Coronavirus Act 2020 (Coronavirus Act) sets out the temporary emergency measures that enable public bodies such as local authorities, NHS and the police to respond to the coronavirus pandemic.
The Supreme Court decision in Cheshire West and Chester Council v P (2014) UKSC 19, (2014) MHLO 16 redefined the test to be applied when deciding whether or not a
The report follows a detailed analysis of all stillbirths, neonatal deaths and brain injuries sustained during childbirth across the UK in 2015, tragically 1,136 babies. The analysis found that with
The CMA recognises that the sector “performs a vital public service that benefits many people” and the good news is that overall (despite public awareness of malpractice) residents and relatives
September 2014 New rules on political campaigning have been brought in under the Lobbying Act, and now further guidance from the Electoral Commission has been published (see links below) as
Previously, you only needed to notify Companies House of any changes to PSCs in the company’s annual confirmation statement (formerly known as the annual return). However, from 26 June 2017,
There has been a huge rise in the use of video conferencing and online messaging services while we are at home due to the Covid-19 related lockdown.
Readers will know that any housing provider with cladding consisting of aluminium composite panels has been required to submit a sample of cladding to DCLG for testing. Not one sample has yet fully passed the tests [...]
Building on the previous focus on quality and governance, the CQC has made a clear statement that the question of whether a care provider is “well-led” now extends beyond the
The complaint The individual (Ms C) was placed in residential care before the Care Act 2014 came into force, and her relatives agreed to pay a £50 weekly top-up fee
On 2 April, the Government announced a further range of measures to improve building safety in Higher Risk Residential Buildings (HRRBs), which are now defined as buildings that are either
If a periodic tenant dies without leaving a will, the correct process for bringing the tenancy to an end is to serve a Notice to Quit (NTQ) at the property
Our ebriefing, dated 7 March and available here, gave an indication of the changes in the new forms. There is no need to move immediately to the NEC4, and the third-edition is
This quarter the key highlights are: 1. HCA outcome of consultation on new Regulatory Framework Just as we were all breaking our new year’s resolutions the HCA delivered on theirs!
The Care Act 2014 (the Act) is the single most important piece of law effecting social care in over 60 years and much of the Act, as well as related
The Health and Safety Executive’s latest guidance reminds organisations that they must endeavour to maintain the safety of the lifting equipment under their control throughout the pandemic.
With National Offer Day for primary school places having proceeded as scheduled on 16 April 2020, new regulations came into force on 24 April 2020, which relax some of the current requirements.
Family not in breach of COVID-19 regulations by collecting their terminally ill mother from a care home as it was considered that they were providing assistance to a vulnerable person.
Guidance pertaining to the investment of Local Government Pension Scheme Funds which came into force in November 2016, has been the subject of a recent decision in the Supreme Court.
The ‘Teckal test’ was best summarised as a two part test: the ‘control test’: the parent must exercise over the subsidiary a control that is equivalent to the control it
The 2015 Regulations introduce a new definition of ‘procurement documents’ which replaces and extends a similar term in the previous 2006 Regulations. This means “any document produced or referred to
The much trailed proposed changes to Category 6 (on-lending) were in the end not as extensive as anticipated: RPs can on-lend to group members fundamentally, as before, except if the
The Cabinet Office has published guidance asking for people to act responsibly, fairly and “in the national interest”.
In response to the Covid-19 pandemic, a court rule known as a Practice Direction 51Z (or PD51Z) was made on 26 March 2020 and came into force on the following day.
The latest sweep, alongside the publication of the new Regulatory Framework, is likely to make all registered providers shift in their seats and look at their governance arrangements with a
The Court of Appeal judgement in Booth and another v R EWCA Crim 575 will be welcome news for local authority prosecutors and their investigation teams.
The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 came into force on 4 April.
Social landlords may be surprised to learn that “landlords should be able to carry out routine as well as essential repairs for most households”.
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!
On 18 May 2020, the Ministry of Housing Communities and Local Government (MHCLG) wrote to all social housing residents in England (residents).
The specific requirement of the Standard is:- “To maintain a thorough, accurate and up to date record of their assets and liabilities and particularly those liabilities that may have recourse
Whilst the accuracy of Wikipedia can sometimes be questioned, the above statement is quite accurate when considered alongside the Regulator’s requirements in the new Regulatory Framework in relation to stress
In 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.
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.
There is a change of language from Target Rent to Formula Rents and confirmation:- that Formula Rents are to increase annually by the increase in CPI of the preceding September;
The package will include a 2-3 hour workshop providing relevant advice and guidance and practical examples to enable your Board Members and Executive Team to understand the implications of the new
The 2015 Regulations represent some significant changes for purchasers across the public sector, who now have a short window in which to consider the changes that are needed to their
Judges are well aware of this and it has long been possible to apply to the court for interim maintenance against your other half which includes an element of support
The appeal was made by three local authorities in respect of a decision of the President of the Valuation Tribunal for England in May 2014 (Please click here for a
Alun Burge and Lord Myners, both quoted in Co-operative News: “Once essential democratic processes have become ossified, have lost their point and are unfit for purpose… Democracy must be rooted
Third sector organisations and cooperatives have delivered to the public for generations and pioneered many services that are now provided by the State. So, it is interesting that the current
Take Mr M, for example – Mr M was a tenant board member of his local housing association. Mr M, being a community minded man, got involved in supporting the
Current Government guidance is clear that both domestic and international school trips will need to be cancelled or re-arranged for the immediate future.
The impact of Covid-19 continues as the stay on possession claims is extended.
Whilst churches across the country currently remain closed, a careful and safe reopening of places of worship is now finally on the horizon.
I have been qualified as a Court of Protection Solicitor for almost ten months now and I absolutely love my job.
All these things are evidence of the great work that charities are doing to help see us through the Covid-19 pandemic and how they continue to be relied on to address need and inequality.
The Government has released Procurement Policy Note 04/20 “Recovery and Transition from Covid-19” (the PPN), building on and updating PPN 02/20.
The Covid-19 Pandemic has impacted all aspects of our lives, including the operation of Coroners and inquest proceedings.
The Court of Protection is very important as it ensures that people who lack capacity are safeguarded.
Yesterday, (23 June) the Prime Minister announced significant changes to lockdown measures for organisations and individuals in England.
Impact of the Supreme Court’s judgment in Bresco Services Limited v Michael J Lonsdale .
The way we observe these important rituals has been turned upside down by the Covid-19 pandemic.
Last week saw a significant easing of social distancing measures in England from 4 July”.
The MHCLG has published its review into the risks of fraud and corruption in local government procurement.
The Government has confirmed that the eviction ban/possession stay will definitely end on the 23 August 2020.
AGM season will soon be upon us. One of the many challenges social distancing measures has presented is how to hold AGMs and other General Meetings.
With lockdown restrictions further lifting on 4 July, charities have a lot to think about.
We have advised a number of families, alongside Ms Ockenden’s review, in relation to concerns as to the care and treatment provided by maternity services at Shrewsbury and Telford Hospitals Trust.
On 25 June 2020, the Charity Commission issued a regulatory alert to all leaders of large or complex service-providing charities.
The online divorce system is a fantastic facility available to both legal professionals and litigants in person.
More than 700 people were consulted about their experiences of pelvic mesh, Primodos and an epilepsy drug called Sodium Valproate.
Making an application to the Court of Protection to make or change a Will for someone who is not able to do this themselves due to lacking mental capacity.
The Corporate Insolvency and Governance Act 2020 has now received Royal Assent. It applies to most companies as well as Limited Liability Partnerships.
The latest development in the long history of sodium valproate was the publication of The Independent Medicines and Medical Devices Safety Review today
Catch up with all the latest charity updates in this week’s news round-up.
It was announced by the Government on 16 July 2020 that the implementation of Liberty Protection Safeguards (LPS) has been delayed until April 2022. No date has been set, with April 2022 being described as the “aim [...]
On 15 July 2020, the Prime Minister committed to an Independent Inquiry into the handling of the coronavirus pandemic.
Last year there was a report on the registration and use of the “Co-operative” brand by Urban Outfitters as part of an urban exclusive fashion label. No doubt an attempt
Paperless land transactions may soon be possible following plans from HM Land Registry to accept digitally signed documents for registration.
We finally have some detail about what will happen after the end of the possession stay/evictions ban on 23 August 2020.
Gall bladder surgery The information known about the pre-operative anatomy is important. In most cases a client will have had a history of cholecystitis (inflammation of the gallbladder, usually due
The use of video remote witnessing of Wills will become law.
There’s no doubt about it, the COVID-19 pandemic has placed incredible pressure on the NHS.
The Johnny Depp -v- News Group Newspapers trial concluded last week and has been widely publicised and reported on around the World.
On 30 June 2020, Boris Johnson announced radical changes to the planning system.
Yesterday, on 6 August 2020, the Government published the above White Paper. The purpose of the White Paper is to do the following: “Planning for the future, landmark reforms to speed up and modernise the planning [...]
The National Housing Federation (NHF) has published for consultation a new draft version of its sector-specific Code of Governance with the aim of adopting a new, final version in November 2020.
The response has been published and the Government considers that the draft Consolidated Regulations correctly reflect the Government’s intended policy and recent case law relating to sleep-in time and will
After much commentary in the housing press in recent days, we are aware that this morning, Friday 21 August 2020, the Civil Procedure Rules Committee approved a further amendment to the Court Rules, extending the c [...]
A proposal to raise the County Court and PCOL court fees for any claim for possession of land by £75 each is out for consultation. The Government estimates this will
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
This is the first substantial guidance that has been produced in respect of this fundamental shift in how the United Kingdom is to process recyclables in accordance with EU Law
I wrote an article in July 2020 highlighting the “First Do No Harm” report which came about following the independent Medicines and Medical Devices Safety Review.
You can read it again here which will give some [...]
Following the Grenfell Tower tragedy, building safety continues to be a key concern for social housing providers and their residents.
Statutory regulation of tenancy deposits was introduced in April 2007 under the Housing Act 2004 (“the Act”). s.213 of the Act placed an obligation on landlords to pay their tenant’s
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.
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
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”
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.
To assist with practical partnerships a Memorandum of Understanding (“MoU”) has been published “to support joint action on improving health through the home”. A copy of the MoU can be
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 remai [...]
ISAs From 3 December 2014, a surviving spouse can inherit their deceased partner’s ISA investments and continue to benefit from their tax-free element. In addition, from 6 April 2015, the ISA allowances
This quarter the key highlights are: 1. Charity Commission announces changes to the annual return The changes will apply from the 2015 financial year end and will include three new
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for year [...]
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 e [...]
Covid-19 has resulted, on the whole, in a marked co-operation between contracting authorities and their suppliers as everybody focuses on maintaining delivery as far as possible.
During the Covid-19 pandemic, much of the focus has been on shoring up existing delivery and, where possible, extending arrangements if it is not possible to re-procure.
It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
The Prime Minister announced on Tuesday 22 September a new range of restrictions to protect us from the Covid crisis, some of which will apply to charities.
Although the Government is providing funding to landlords to reimburse costs for replacement cladding works, charging for other fire safety works has raised a number of questions for landlords
AGM plans gone awry with re-introduced lockdown measures? Good news: saving provisions are now in place until 30 December 2020
The Regulator of Social Housing (RSH) issued its annual consumer review on 22 September 2020. Its 8th report covers the year 19–20 which saw them serve 15 regulatory notices - the highest number ever.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal [...]
Alongside the Building Safety Bill published in July 2020, the Fire Safety Bill is a key step in the Government’s strategy to improve building and fire safety in the wake of the Grenfell Tower tragedy
Charity Financials, the financial information program from Wilmington Charities, has published its latest Income Monitor report.
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
As the end of 2020 beckons, we take a look at what progress the Sterling market has made in its preparations for the end of the London Interbank Offered Rate (LIBOR) on 31 December 2021.
In this ebriefing, we examine how the duty holder regime will apply to social housing providers with existing HRRBs in their housing stock.
Finally, there is a glimmer of hope that perhaps the Covid-19 pandemic could be reaching its end.
Last week, the NHF published its final version of its new Code of Governance and made some important changes from the previous draft that will impact on those housing associations looking to adopt it.
On 26 November 2020 further changes to the 'Building Regulations: Fire safety - Approved Document B' will take effect.
On 1 December 2020 the Court of Appeal handed down judgment in Pimlett v Curo Places Limited EWCA Civ 1621 where prior judgments in the First-tier Tribunal and the Upper Tribunal were overturned.
We now know what the short-term holds for public procurement at the end of the Brexit transitional period.
The first report of Donna Ockenden and her team into the review of maternity services at The Shrewsbury and Telford Hospital NHS Trust has been published today.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
A case at the end of 2020 is a warning for contracting authorities using agreements for lease and similar development agreements to commission buildings and developments from developers.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
There are four different strands to the developing public procurement landscape post-Brexit.
A group of Anthony Collins Solicitors (ACS) experts from across our various client sectors have gazed into their crystal ball and given us a view on how 2021 is looking.
It was clear throughout the Brexit negotiations that state aid proved a persistent sticking point, linking through to the EU’s commitment to maintaining a level playing field across the trading bloc.
A recent prosecution by the Health and Safety Executive ("HSE") demonstrates the importance of organisations regularly inspecting, maintaining, and if necessary, repairing or replacing street furnitur
This is the second in our series of ebriefings on the Government's Green Paper: Transforming public procurement. The first one on public procurement principles can be found here.
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.
A summary of the DHSC Impact Assessment of the Mental Capacity (Amendment) Act 2019.
In December 2020 we commented on issues being faced with maternity services which underlined how mistakes that happen in obstetric and midwifery care can result in catastrophic injuries.
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.
Next in our series of ebriefings on the Government’s Green Paper: Transforming public procurement; looking at the Chapter 4 proposal to change the basis of contract awards.
A lot has been happening over the last month; from the Government’s budget announcement to interesting case law regarding charity trustees and their duties.
The Government has announced a further extension on the stay on evictions until 31 May 2021 and an extension on the requirement for six months’ notice to be given to tenants.
This is the next ebriefing in our series on the Government’s Green Paper: Transforming public procurement, looking at the Chapter 4 proposals in relation to the selection of tenderers.
The long and arduous legal process to determine what the National Minimum Wage regulations mean on the question of workers’ 'sleep-in' pay is coming to an end.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Changing charitable purposes and amending governing documents.
Permanent endowment.
Charity registration financial thresholds.
This ebriefing considers the Government’s proposals for challenges, as set out in Chapter 7 of the Green Paper entitled 'Fast and fair challenges'.
The government did not accept two of the Law Commission’s recommendations - as they saw them as important safeguards in protecting charities interests in property.
In this ebriefing, we focus on the response regarding cy-pres schemes and the proceeds of fundraising appeals.
This ebriefing considers the Government’s proposals to simplify the procurement procedures, as set out in Chapter 3 of the Green Paper entitled “Using the right procurement procedures”.
Cases involving large-scale IT contracts are quite rare and the recent case provides a useful judgement for matters involving digital transformation projects which have gone wrong.
From 4 May 2021, The Debt Respite Scheme (Breathing Space) comes into force. This scheme provides debtors with the right to legal protection from their creditors.
The snappily named Assured Tenancies and Agricultural Occupancies (Forms) (moratorium Debt) (Consequential Amendment) (England) Regulations came into force on Monday 3 May 2021.
What is a post-nuptial agreement and why do people enter it? Find out more in this ebriefing.
The Queen’s Speech holds out the prospect of a 'Procurement Bill'. This is to implement the proposals in the Government’s Green Paper: Transforming public procurement.
The monthly round-up from the Anthony Collins Solicitors charities team.
The Fire Safety Act received Royal Assent on 29 April 2021. The Fire Safety Act 2021 clarifies and widens the obligations on duty holders under the Regulatory Reform (Fire Safety) Order 2005 but also
In April 2021, the Foreign Office halted funding for Oxfam following new allegations of sexual misconduct made against staff in the Democratic Republic of Congo.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
Under NHSX, the Department of Health and Social Care, NHS England and NHS Improvement have published the Secretary of State's vision for how data will be used to improve health and care.
EPC’s are not required to be served with a Section 21 notice for assured shorthold tenancies if the tenancy predates October 2015.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
Since GDPR has come into effect, many companies have struggled to comply with GDPR. In this ebriefing, we look at the shocking data breach at Hackney Council.
Must a defended possession claim at first hearing be adjourned with directions?
Are your board members or trustees doing any of these three things with their emails, which are a risk to both your resources and relationships?
From 30 September 2021, the costs of issuing certain applications in the Family Court will increase, following the implementation of the Court Fees Order.
In June 2021 the Education and Skills Funding Agency ESFA issued its annual update to their Academies Financial Handbook. The purpose of this briefing is to summarise the changes and any particular ac
The CQC will conduct reviews on a monthly basis of all of the information they hold about services and will use these reviews to prioritise its activity.
The monthly round-up from the Anthony Collins Solicitors charities team.
On 7 September 2021, the Regulator of Social Housing (RSH) published its annual consumer review.
From today (1 October 2021) there is yet more change on the possession front!
Recent changes to government Covid-19 guidance in England and Wales has led to some key developments for the voluntary sector, particularly as charities look towards the winter months.
Exploring whether a shorter marriage can impact how matrimonial assets are divided between divorcing spouses.
The IPPR North report says that this Parliament must be the “Devolution Parliament” to truly “level up” the country.
Our Health and Social Care team has been representing Care England to date in its application and will be preparing the case for the next month’s hearing on 20-21 March.
This article looks at a recent case that demonstrates how to recover remedial costs for fire safety works in a timely and cost effective way.
Earlier this month, the Environment Act 2021 received Royal Assent introducing the Office for Environmental Protection. Many charities and environmental groups are buoyed by the new legislation.
A social care provider (Be Caring Limited) was facing a charge of £180,000 plus VAT to cancel 800 mobile phone connections.
Family mediation is a process in which a professionally trained mediator, who is independent to both parties, helps you work out arrangements for your child(ren) and/or the division of finances follow
When I started on my mediation journey, I did so on the basis that I wanted to help parties come to arrangements for their families and mitigate animosity that court proceedings inevitably led to.
Kelly Brown talks us through why she chose to become a mediator within family law.
A local authority must put an asset on the list as being of community value if: there has been a valid nomination; the site is in the Council’s area; there
Under section 1 of the Housing Act 1988, an assured tenant is required to “occupy the dwelling-house as his only or principal home.” At first glance, the assumption would be
The leading case in disability discrimination cases is Ackerman-Livingstone v Aster Communities Ltd where, in brief, the Supreme Court found that in most cases, where the defence is raised,
I am looking forward to the next piece it runs on “Category management: a simple guide for our readers”. And so it was that the Department for Environment, Food and
Under Universal Credit, the default position for claimants is that they will receive their benefit payment award monthly in arrears plus one lump sum payment. Prior to this claimants would
On 17th October, the consultation closed on the draft Public Contracts Regulations 2015. As with all of the Cabinet Office consultations, we responded to this consultation. In our response, we
It is a great concern of successive governments that small and medium-sized businesses are the engine of the UK economy but not enough grow to the next level. And so
The future funding of supported housing has been a question for a number of years but the proposed Local Housing Allowance (LHA) changes threaten the financial viability of many of
The National Institute for Health and Care Excellence (NICE) provides guidance and advice to improve health and social care. It was asked earlier this year by the Department of Health (DH)
The Supreme Court considered the circumstances of P and Q (previously known as MIG and MEG), and P. MIG and MEG were young women, sisters with learning difficulties, who had
The contract in question is the NHF (National Housing Federation) Schedule of Rates Form of Contract 2011, which we, at Anthony Collins Solicitors, comprehensively revised and updated for Rand/M3 in
Although the guidance does refer to “private rented accommodation” it will also impact upon private registered providers of social housing in some circumstances. The Code relates to the Immigration Act
Brexit means… The Conservative manifesto was dominated by Brexit. There was a firm commitment to leaving the EU, no matter what the end result of the negotiations over the next
A small Islabike and a Brompton dressed the podium for this seminar – two little bikes that each transformed an industry and became ‘iconic’ in their markets. Isla described the
Inquiry The Grail Trust (“the Trust”) was set up in 1976 for the purposes of advancing religion and education and the relief of poverty. The Trust provided financial support to
Efforts to save the charity included making a number of its employees redundant. The charity has now been rescued by another charity, CGL (Change, Grow, Live) meaning that the jobs
So what is social investment and is it really relevant to charities especially those that do not have millions of pounds turnover? Social investment can take many forms, examples of
What are the potential pitfalls for a sports star and charity entering into a partnership? Working with sports stars can raise the profile of a charity and the cause it
We never liked it anyway… The difficulty with EU State aid law is the width of transactions captured. If the Government was proposing to subsidise our steel industry, so that
The statutory ground for divorce under the 1973 Matrimonial Causes Act, amended by the Marriage (Same Sex Couples) Act 2013, is the irretrievable breakdown of a marriage of at least
What is so great about being a charity? Some charities find that they have greater access to grant funding compared to non-charities. A charity receives preferential tax treatment, including tax relief
Despite allegations of aged old paternalism, courts are increasingly turning to empowerment of the litigants to reach an agreement themselves, reducing the need for costly and time-consuming final hearings. In
The limited number of placements in England and Wales and the complex needs of these young people, who have often reached a crisis point and desperately need to be securely
You can read Sheree’s interview here. For further information If you would like support regarding mental health or Court of Protection, please contact Sheree Green. This article was first published on
Highlighted below are some action points social landlords should note and follow up: 20 October 2014 is the commencement date for the introduction of the new injunctions (IPNA), criminal behaviour
In the context of society at large, the law continues to be a relatively conservative entity that is not always entirely at ease with the more recently recognised family set
Eventually, the board split into two factions on a broadly generational basis. The older trustees felt the expanded hall should be treated as part of the gurdwara and should not
Can anyone and everyone vote? What about people with learning disabilities, or a brain injury, or a diagnosis of dementia? Does their reduced mental capacity affect their right to vote?
Mental health is in the news! It’s great that we are finally talking about a health issue that society often perceives as a sensitive subject. This week the Mental Health
In the absence of adultery or long periods of separation, those who want to end their marriage need to detail allegations of unreasonable behaviour on the part of their spouse.
The Opinion covers the question whether a subsidiary that is entitled to provide works, services or supplies to its parent without the need for an EU tender process (1) has
These increases, which would have come into effect sometime in May, would see the fees increase to the following: The Ministry of Justice has said that there is not enough time
Kadie Bennett, Solicitor, explores the potential pitfalls of inheritance upon the death of a parent where a parental order is not obtained following the birth of a child via a surrogacy arrangement,
I lead the court of protection team, which specialises in property and finance, and health and welfare court of protection work, as well as mental health. Our clients are privately and [...]
This quarter the key highlights are: 1. The Co-operative and Community Benefit Societies Act 2014 The Act came into force on 1 August, consolidating and generally updating industrial and provident society
The Directions have been introduced following Government consultation. The Government has introduced new Directions that cap the amount social housing landlords in England can recover through service charges for the
When a person dies, the Government not only levies inheritance tax based on the value of the deceased’s assets, but also a separate fee which is known as a “probate court
PC Briggs was left in a minimally conscious state as a result of the serious, permanent brain damage he suffered as the victim of a road traffic accident. In a
On 21 July 2014, the maximum discount amount for properties bought under the right to buy and preserved right to buy increased. The legislation that brought about the change also
For as many local authority vehicles that exist, there are reasons for creating them, and more. There are, though, some trends that develop: Legal compliance – where a local authority
The timing of the Medical Protection Society survey (click here to see the MPS article) coincides with ‘Black Wednesday’ – the day when newly qualified doctors start on hospital wards.
Under the Home Loss Payments (Prescribed Amounts) (England) Regulations 2014, where something meets the qualifying conditions for a home loss payment, the new amounts will be: For those who are
The Act largely consolidates existing legislation relating to industrial and provident societies (‘IPSs’), which is currently contained within a number of dusty pieces of primary and secondary legislation. Despite this,
All individuals are presumed to have the mental capacity to make their own decisions unless proved otherwise. An assessment of capacity is matter specific, with reference to the Mental Capacity
These are: – Don’t forget:- The Government has announced plans to change minimum eligibility period from five years public sector tenancy to three. This requires a change to the law.
The Deprivation of Liberty Safeguards (DoLS) – the bespoke authorisation process for people deprived of their liberty in care homes and hospitals – were described by the House of Lords
The case Due to the celebrity status of Hopkins, the facts of the case have been widely reported in the news and the papers over the weekend. In a nutshell,
As a patient, you might be sympathetic of those working in understaffed hospitals. However, delays in admission or assessment at the hospital can be significant if the severity of your
The Supreme Court considered the circumstances of P and Q (previously known as MIG and MEG), and P. MIG and MEG were young women, sisters with learning difficulties, who had
The NEC contracts have been updated and revised to take account of new modern construction approaches; they are designed to encourage collaborative working and are available across the whole spectrum
The programme focused on the plight of young people with complex learning difficulties and/or autism who are still being looked after in institutionalised settings. This is despite the Government’s commitment
Care providers vary significantly in their approach to involving boards in setting up systems to ensure the delivery of high quality care. Surprisingly, the quality of the service is rarely
Unfortunately, what the programme did not do is highlight the good care and practice that is delivered by social care providers and their care workers everyday across the country. For
Here are a few suggestions: Start drafting your contract and procurement documents sooner: The biggest change is a new requirement that all of the procurement and contract documents are made available
The post-Brexit fall-out has been noticeable by the number of ‘unknowns’ and ‘what-ifs?’. We’re not any clearer on what the UK will look like, nor how our European neighbours will
The specific requirement in the Standard is: – “To maintain a thorough, accurate and up to date record of their assets and liabilities and particularly those liabilities that may have
Two governance codes were launched during Trustee Week last year – the Voluntary Sector Governance Code and the Code for Sports Governance. Both codes suggest using a senior independent director
Take Mr M, for example – Mr M was a tenant board member of his local housing association. Mr M, being a community minded man, got involved in supporting the
Social media mistakes can damage your charity’s reputation and generate unwanted publicity or media interest. From a legal perspective, the risks include fines, warnings or disciplinary action from regulators, such
1. Be proactive – New organisations, in both the private and third sector, spring up all the time. Existing organisations re-brand or change their name on a regular basis. Search the
The key revised changes are: Robust and effective risk management approaches built around “multi-variate” stress testing that should be live tools for RPs as they pursue their businesses. Boards will need
Check the status and structure of the school — maintained schools are owned and run by the local authority; ‘academies’ and ‘free schools’ are publicly funded, independent schools, which are owned
These trusts are liable to a charge to Inheritance Tax every ten years. Until 6th June 2014 each trust deed had its own Nil Rate Band. An individual (known as
Identify where financial responsibility rests — whilst healthcare is generally a free-for-all, certain social services are means-tested. Sometimes individuals are able, or are required, to pay towards their so [...]
Due to their nature, this makes fire stations, hospital buildings and tower accommodation highly desirable locations for the installation of telecommunication equipment. However, whilst the commercial attractivenes [...]
Key terms to be familiar with: ‘Acute care’ – short-term treatment for a severe injury or episode of illness, an urgent medical condition or recovery from surgery. ‘Better care fund’
Permanent endowment funds are capital funds which are held in trust for the benefit of the charity over the long term and are subject to restrictions as regards how they
Value for money — RPs are required to demonstrate compliance with the regulatory standards, under which they are required to “understand the costs and outcomes of delivering specific services and which
This case confirms what Personal Injury and Court of Protection practitioners had long believed in relation to the role of Deputies appointed by the Court of Protection – that a
Background As a result of the abolition in 2012 of Class A and Class C exemptions, charities which wish to secure relief from the payment for council tax during any
Charities can only act within their objects and powers — charities are always set up to achieve specific objectives (such as advancement of religion, relief of poverty, etc.) and must act
The Social Housing Rents (Exceptions & Miscellaneous Provisions) (Amendment) Regulations 2017 The Social Housing Rents (Exceptions & Miscellaneous Provisions) Regulations 2016 have been amended by the intro [...]
Section 17 of the Local Government Act 1988 has made that clear for many years. It prohibits the taking into account of non-commercial considerations in procurement decisions, including considerations relating
It is, therefore, important to understand your negotiating position as fully as possible when entering into a dialogue with a local authority or health body. The following may seem obvious
In response to the coming into force of these “asset freedoms”, the HCA has issued a consultation on an amendment to the Tenant Involvement and Empowerment Standard (TIE Standard). The
1. Overview Whilst the Housing White Paper provides a welcome shift in emphasis, away from solely focussing on home ownership, it is not as radical as expected and sometimes reads
The Housing and Planning Act 2016 (Commencement No. 4 and Transitional Provisions) Regulations 2017 A number of other provisions in the Act will come into force with effect from tomorrow,
The report sets out the findings of the detailed research undertaken to better assess key aspects of the VRTB, such as profiling of tenants and stock, and the level of
Our expert panel gathered to discuss the possible opportunities the deregulatory measures offer, together with the likely hurdles. It included: Jonathan Cox – Partner and housing sector lead Ranjit Basse [...]
1. Review your standard documentation Standard Forms of Contract You will hopefully be aware of the changes that were published for some forms in 2016, so you should review your
Section 21 (7) of the Act states that: “In deciding whether to grant an injunction under section 1, a court may take account of conduct occurring up to six months
What is it? FAC-1 is short for the “Framework Alliance Contract” which was published by the Association of Consultant Architects (“ACA”), and fuses a traditional framework agreement with an alliancing
The second pilot The questions you should be asking yourself are: What does this mean? What should I be thinking about if I want to take part? Is the main
First, there is now arguably £8.4bn worth of capital funding made available by government through the recent Autumn Statement for “social and affordable” housing development. Whilst there can be arguments
Evidence suggests that more than one in four parents make an effort to hide relationship problems at Christmas and stay together for the sake of their children. It’s perhaps no
The lack of government funding for social care is once again a headline topic and the pressure to fill the funding gap continues to fall on private (and often vulnerable)
The new model, created by Learning Disability England, could revolutionise the way charities are run and bring them closer to co-operativism, by incorporating the voices of its service users, their
Due to his conditions, he has limited communication skills, does not have an awareness of risk – such as road safety – and experiences occasional seizures. He is also unable
The BBC reported that Mr Asif Ahmed fell from his bike when riding a descent on the Surrey Hills course. His injuries left him paralysed. The basis for the claim
The Chancellor didn’t tell us much more than we already knew about the new Government’s plans for infrastructure over this Parliament and it seems that the Government isn’t entirely sure
All the civil servants’ time, effort and brains appear to have been sucked into Brexit issues, leaving an unimaginative response to some of the most significant challenges people are currently
The Chancellor declared that social care is a “problem for the next parliament”, but he couldn’t be more wrong. It is a crisis now, and it is a crisis that
Two areas that are included in these needs are social infrastructure: Housing; and Schools. There is no doubt that we are expecting some announcements on housing in the Autumn Statement,
All of the appeals related to the interpretation of the Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 regulation B13, which clarifies the circumstances where a claimant
The World Day of Remembrance for Road Traffic Victims is a day dedicated to remembering the millions of people killed and injured on the roads across the world. It also
Prior to the summer of 2016, we have been involved in a number of inspections where HMRC had concluded that it was only the time spent awake and working during
In regards to mitigating inheritance tax in particular, the Inheritance Tax Act 1984 contains some really clear (and straightforward) tax planning opportunities and tax exemptions. Making full use of these
On page 68 of the report is a table which sets out which regulations were breached when enforcement action was taken. The table shows that failures in governance were the most
We are delighted that our team was recognised as a national and an international leader for the work we undertake in supporting and advising vulnerable individuals and their families, with
The testatrix, Mrs. Coulter, was domiciled in Jersey and died there. Her estate, at the date of her death, included assets in the United Kingdom with a probate value of
Traditionally, a parent wishing to relocate to another part of the country could usually do so, unless “exceptional circumstances” existed. Where a parent wanted to relocate abroad, the consideration was
It is not hard to see why. The relevant property regime for trust taxation is seen as restrictive. It limits what can be settled on trust without attracting an inheritance
Two defining elements in her life were her dietary requirements; she had coeliac disease and required a gluten-free diet, and she was extremely fond of dogs – her own dog
At a time of continuing reductions in central funding and radical reassessments of how services are financed and delivered, planning for and acting on contract management and contract review has
As many have now been in place for a few years, we would advise that consideration is given to a review of the structures which are in place. Such a
Why NEC? NEC standard forms of contract are increasingly being used for central and local government contracts. This is instead of other standard forms, typically JCT (for works and maintenance
This “independence” tension can be caused by different personalities, misunderstandings or a lack of constant or consistent communication, particularly about the authority’s expectations. Strangely, this tension al [...]
Following a judicial review, the Regulations state that waste collection authorities (and others which collect waste paper, metals, plastic and/or glass) must do so by way of separate collection. This
There have been three recent cases where the Courts have had to determine disputes about the validity of break notices. Case 1 In Riverside Park Limited v NHS Property Services
What is your experience of the impact of social care and welfare reform in the UK? The UK is the first state to be subjected to a confidential inquiry by
The Royal College of Surgeons (RCS) has warned that changes must be made now so as to ensure all patients are appropriately advised and enabled to give proper, informed consent
Experts suggest that the majority of patients with sepsis initially present with a respiratory infection, although abdominal or urinary-tract infections can also be primary causes of sepsis. Although this can
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
Please note that the Cardiff CC –v- Lee (Flowers) case reported in our recent e-briefing (click here) does also apply to suspended possession orders made in rent arrears cases. Landlords should
The Court of Appeal confirmed in Cardiff CC v Lee (Flowers) that an application for permission to issue a warrant must be made before a warrant request is made. The
Vacant commercial and industrial properties are at greater risk due to the very fact that they are vacant, meaning they don’t benefit from daily occupation by tenants and security personnel,
The case was Various Occupational Leaseholders of Foundling Court and O’Donnell Court, Brunswick Centre, London v (1) London Borough of Camden (2) Allied London (Brunswick) Limited UKUT 366 (LC)
The issue in this case was simple: A long lease contained a covenant not to use the demised premises, or permit them to be used, for any illegal or immoral
Two joined appeals (City West Housing Trust v Massey; Manchester & District Housing Association v Roberts 2016), concerning cultivation of cannabis, have a much wider relevance as they reviewed the
Warrant applications – beware! There have been some recent challenges to warrants of possession, on the basis that the “Balance due at date of request” section was not filled in
Local authorities in England must await further regulations that will “make provision about the levels of rent that they must charge a high income tenant of social housing”. For private
For anyone hoping that Brexit will give us greater control over our own public procurement destiny, the recent publication of a Procurement Policy Note (PPN) reminds us of exactly how
By reviewing your business’s commercial contracts, you can assess its exposure and plan for the next few years in the run up to Brexit. Key issues to consider include: The
In Județul Neamț and Județul Bacău v Ministerul Dezvoltării Regionale și Administrației Publice, Cases C260 and 261/14 the ECJ upheld a 5% clawback of ERDF grants from two local authorities.
A failure to do just this has now led to a successful challenge to the Greater Glasgow Health Board in Johnson & Johnson v Greater Glasgow Health Board CSOH
If you are a charity registered with the Charity Commission then each year, depending on your income and/or the type of charity you are, you will be required to file
Many charities choose to operate as charitable companies limited by guarantee, or they may have a separate trading company. Under the amended company name regulations, it is now easier to
The new Persons of Significant Control (PSC) Register will also need to be filed at Companies House along with the confirmation statement – for more information on how to prepare
It was originally expected that the final regulations would be published this summer and come into force on 1 October 2016. However, the GEO now envisages that the regulations will
Those providers who have sought to challenge Care Quality Commission (CQC) will have quickly come to realise that very little protection is given against such unfair judgements and whilst CQC
Policies The area associations need to focus on now is developing their policies (on discretion and sales). In its guidance the NHF has provided a list of policy areas to
In the case above, the employee received commission on his sales, rather than for the additional time undertaken. He could not, therefore, earn commission whilst on holiday. In calculating his
The Charities (Protection and Social Investment) Act 2016 gives the Charity Commission the power to issue official warnings to a charity trustee or a charity where it considers there has
Crown Commercial Service (“CCS”) Public Procurement Action Note (“PPN”) 07/16 says that: “Contracting authorities must ensure that any procurement opportunities and contract awards above certain low value thr [...]
Everyone will be aware of the awful events in France over the last few weeks including the murder of a Catholic priest this week as he led his congregation. It
I wrote a short piece after the Scottish independence referendum in which I made the case for “A United Kingdom Act” to describe what binds us together. In the Prime
Other than that, things start to become less certain. There is an effect upon the economy, but we don’t know what that will be in the longer term. There will
Our original e-briefing on the case can be found here. The Court of Appeal was due to hear the landlord’s appeal of the High Court’s decision last week, but the hearing was
The Lords had previously inserted Clause 48 into the Bill, seeking to apply the Human Rights Act (“HRA”) to all provision of CQC-regulated social care. The HRA makes it unlawful
The guidance (www.nice.org.uk/guidance/NG51) urges doctors, nurses and paramedics to consider sepsis early on when treating any patients unwell with infections. The question, ‘could this be sepsis?’, must be at the
It had been dubbed as a possible test case for how the English courts would determine the liability of the banks for interest rate swap mis-selling and Libor manipulation, after
What is a pre-nuptial agreement? A pre-nuptial agreement is a contract that a couple enters into before marriage which sets out their rights to property, assets, debts and income acquired
The purpose of the meeting was to scope out immediate concerns or actions, and to begin to think through the longer term implications. The results have been summarised by the National
The new Regulations implements recommendations following a Government consultation on bailiffs, conducted in 2012. They are part of a wider package of reforms, contained within the Tribunals, Courts and Enforcement
Traditionally, a parent wishing to relocate to another part of the country could usually do so, unless “exceptional circumstances” existed. Where a parent wanted to relocate abroad, the consideration was
Take Mr M, for example – Mr M was a tenant board member of his local housing association. Mr M, being a community-minded man, got involved in supporting the vulnerable
Last month, the Supreme Court clarified that a “deprivation of liberty” (for the purposes of Article 5 of the European Convention on Human Rights (ECHR)) occurs where a person: Is
For those working in the third sector, and for us all, the Brexit outcome creates some profound uncertainties, and tells us some difficult truths. There are also immediate practical implications.
Devaluations Over the last few days, the plummeting value of sterling and the volatility in the stock markets have been big news. Markets hate uncertainty and at the moment, there
For those working in businesses seeking to achieve social aims, whether in the community sector, co-ops and mutuals, or social enterprises, the Brexit outcome creates some profound uncertainties – but
For others, it was business as usual as this was already something they had embedded into their procurement practices. Whether you are new to seeking social value through contracts, or
The Anti-Social Behaviour, Crime and Policing Bill is just finishing its way through Parliament and it is anticipated that it will come into force in the Autumn of 2014. The
The Anti-Social Behaviour, Crime and Policing Act received Royal Assent on 13 March 2014 and it is anticipated that it will come into force in the Autumn of 2014. The
Surprisingly, Douglas has never been diagnosed with any mental disorder. Nor has he spent any time detained in hospital for treatment for such a disorder. This is because Douglas is,
Having received the approval of both the European Commission and Parliament in January, and promises of swift implementation by the Cabinet Office, we have had a wait to see the
Your brand is one of your most important assets. It is not just your trading name, but also the “look and feel” of your business – it is the way
The Mental Capacity Act 2005 (“the MCA”) was described by the Lords as “a visionary piece of legislation”. Its aim was to keep any person who may lack capacity to
The Case An application was made by the London Borough of Hackney (the “Council”) in relation to a proposed contract between the Council and its ALMO Hackney Homes Limited (“HHL”).
The key proposals set out in the Government’s consultation paper, ‘Rents for social housing 2015 – 2016’, are: Moving from annual increases in weekly rents of RPI + 0.5 percentage
In the past, the Housing Corporation/HCA has supported RPs that may otherwise be stricken, primarily by increasing grant rates. But with the government only part-way towards its debt-reduction target and
But panic not – what this actually means is that, from that date IPSs will be known as either “community benefit societies” or “co-operative societies”, depending on how they designated
Final proposals are to be published by October, with April 2015 as the earliest date for the introduction of fees. Summary of proposals The discussion paper’s key points are: The
The most contentious proposal is that the settlor’s nil-rate band should be split by the number of relevant property settlements the settlor has made. This will “alleviate the risk” (according
A bill to consolidate all IPS legislation, which aims to make the somewhat confusing world of IPS law more user-friendly without introducing any new policy or substantial changes to law,
After that date each EU member state, including the UK, has 2 years in which to implement the new Directives (other than the electronic tendering provisions, where the period is
The LPA document itself does not give much guidance. Page 11 contains a statement that includes acceptance by the attorney of the duty: to keep accounts and financial records; and
This means that, in certain circumstances, beneficiaries who have not received what the deceased intended may well have a legal claim against the adviser who prepared the Will. A recent
We have developed a useful and accessible toolkit to help you to manage your intellectual property. It includes important elements of your branding, such as logos, and the rights in the
The Act applies to all organisations with a turnover or group turnover – that is, the total turnover of a company and its subsidiaries – of £36 million or more
(You can read the last e-briefing here) On 7 June, the Charity Commission published updated fundraising guidance, CC20. So what is new? A change in emphasis The new guidance was
The introduction of charitable incorporated organisations (“CIO”) in 2013 gave those wishing to set up as a charity a new form of legal structure, unhindered by the often complex requirements
Charities operate in an environment of trust and this trust can easily be exploited at the expense of charity assets if trustees do not ensure that they take adequate fraud
This is becoming more common as charities are called upon to do activities and services that may have been previously filled by, for example, local authorities. Charities are expected to adapt
Domiciliary care providers will need to consider making a referral to the relevant local authority, where they provide services to a private paying individual who may be deprived of their
Hello to all. It is as ever a busy week for Local Government, and therefore for local authority lawyers. Those involved in the forthcoming Referendum are by all accounts incredibly
Across all UK ambulance trusts 66.5% arrived at ‘Category A Red 1’ calls within 8 minutes. This is below the target of 75% and means that one third of patients
The Communities and Local Government Committee is going to examine whether the funding available for adult social care is sufficient for local authorities to fulfil their statutory obligations to assess
The deregulatory package, which we understand is designed to encourage the ONS to reverse its decision of September 2015 to classify housing associations as public bodies, includes: Removing the constitutional [...]
There are additional powers for CPO making authorities to enter on and survey land. Most organisations making housing and planning CPOs (which are the kind housing associations are likely to
For all private landlords (including housing associations but excluding local authorities) – there is help in Part 3 to tackle abandoned premises potentially without court proceedings. Landlords can end an
The provisions caused great controversy in the last stages of debating the Bill before it was enacted, and particular provisions have now been included in relation to the potential for
What does it mean? The Secretary of State (“SoS”), under regulations following the HPA16, has the power to make ‘grants’ to housing associations in respect of right-to-buy discounts. This is
A key point about starter homes is that the sections will only be brought into force by regulation, so there is no “starter” (sic) date. After much debate, the Government
Housing and Planning Act 2016 receives Royal Assent 12th May 2016 Ending an extended “ping pong” session between the House of Commons and the House of Lords, Lord Kerslake revoked
the proportion of invoices (but only those payable to the contracting authority’s direct contractors) that were paid within 30 days (based on numbers of invoices, rather than their value); interest
What do we need to do now? The legislation imposes obligations on the company that is required to maintain a PSC Register, rather than on any person or entity that
A concession is a contract which gives a concessionaire (contractor) the right to exploit a particular work or service with or without a payment. For example, in the leisure sector,
Put simply, it would empower the Secretary of State to make regulations that sweep away a transferring local authority’s so-called “golden share” in, and nomination rights to the boards of,
However, the provisions surrounding social housing rents are in force and further regulations have been drafted in the Social Housing Rents (Exceptions and Miscellaneous Provisions) Regulations 2016 (the “Regu [...]
In a consultation paper issued in early March, and giving only a month for responses, the Department for Business Innovation & Skills (BIS) consulted on proposals for any company wishing
This has resulted in numerous modifications to legal assistance for separating couples with further changes under consideration. The Civil Partnership Act and same-sex marriages have changed the way relationships are
Her doctor was planning to run further tests, but she was preparing herself for the worst. Being a no-nonsense sort of person, she had immediately responded to this painful news by
This is good news for tax payers, particularly higher-rate taxpayers who can look to concentrate on capital growth rather than income generation through their savings and investments, to generate tax
Inheritance Tax is primarily payable on death on the value of your assets at that time. You can reduce the liability by making lifetime gifts and then surviving seven years.
Key to note is that the rules do not apply to registered societies/community benefit societies (formerly industrial and provident societies) – but they will apply to any companies within the
As there has been no increase in CPI for the relevant period, the maximum discount will stay the same for the next year. The maximum discount therefore continues to be
From 6th April 2016 a new prescribed form must be used. So do make sure to use it next year (noting for many Registered Provider (RP) clients the only use
The assured tenancy NSP prescribed form is being changed from Wednesday 6th April 2016. The form can be found online (though as a pdf) here. The Government does prepare Word versions
It leads to the prospect of defended arrears possession claims and counterclaims for alleged overpayments. The facts of the case and its impact is reviewed below: 1. What were the
The passing of the Welfare Reform and Work Bill and the coming into force of the rent reduction rules on 1st April is far more significant. But what there was
The Air Ambulance Service runs two local air ambulances services, serving a total of five counties – Warwickshire, Northamptonshire, Derbyshire, Leicestershire and Rutland – and the Children’s Air Ambul [...]
So, a cartoonist may reference a well-known artwork or illustration for a caricature; an artist could use fragments of various films to compose a larger pastiche artwork –
By which, George Osborne indicated on Wednesday that there would be no surprising shift in policy away from the wintry predictions trailed in advance. And – a sugar tax on
The details are: In possession claims, the issue fee increases from £280 to £355. For possession claims online through PCOL, the issue fee increases from £250 to £325. The fee
Our New Year e-briefing detailed the new EU procurement tendering thresholds with effect from 1 January 2016. However, there was one missing. This particular threshold was overlooked by both the
CLA members in the Midlands were able to participate in the meeting from our office in central Birmingham. The collegiate spirit of charity law was very much in evidence as
What the case says The case helpfully does confirm that costs incurred under contracts called-off from a framework agreement are incurred “under” that framework agreement (and not just “under the
The fundraising scandals of summer 2015 and the closure of Kids Company focused attention on the importance of good governance. At the start of this year Sarah Atkinson of the
You can read it here. If you read nothing else, it is worth taking a look at section 3 – The role of trustees: governance. Or for the digested read: ‘Last
So what are those nuts and bolts? We highlight some key issues for charity trustees below. Understanding your Governing Document, Duties and Responsibilities It is still the case that many
Those involved explored questions including: Can art be a positive influence on interfaith dialogue? How can art create new spaces for conversations between people of different faiths? How can an
The latest Report takes a probing look at the unconventional practices of Kids Company in an effort to draw out lessons for trustees, the Charity Commission and Government. In this article, we
In recent years the Probate Court Fee has been a flat fee of £155 if a solicitor submits the papers for every estate worth over £5,000 with 50p payable for
But what happens when a tenderer is sent the Standstill letter and the scores that they have received appear to be inconsistent with the evaluation and scoring criteria? We have
The law is this area is primarily governed by the Human Fertilisation and Embryology Act 1990 (HFE 1990) and whilst the Act has been reviewed in both 2004 and 2007
What happened? Our client, Mrs VF, was taken to A&E having fallen from her horse. An x-ray was taken of her neck and she was discharged a few hours later.
What is the ESPD? The ESPD is a new standard form for bidders to use when responding to prequalification questionnaires (PQQs) in public procurements. Bidders can choose to submit a
The Inside Housing article listed a wide variety of types of supported housing; and in our view housing associations should increase rents for all types mentioned. However housing associations need
The accompanying Code of Practice explains the primary purpose is for housing associations to understand their assets and security position and to have swift access to information in decision making
What is the right to rent? Essentially this ensures all people who let properties have the right to live in the UK. Landlords should only allow people to live in their
Aside from the obvious limitations of asking only 1,000 people and the phrasing of the questions, are they right? Or is there a broader learning point about office costs wherever
Fundamentally, it’s an economy operating for the common good, rather than for private benefit. People might previously have thought that that’s what we already had, though recent events have made
As we explore the signs of a new economy, I’m reminded that co-operation in the UK has always been about communities of people coming together to support one another to
It can be done from the bottom up, as new businesses are set up; and it can emerge through transformation of existing private businesses, many of which already recognise the
This clever trading arrangement only worked because of another less well-known feature: the funding of the business by members. Co-operative retailing could not start until impoverished individuals had saved sufficient
For example: How far are your staff already identifying how service user needs individually and collectively are going to change and develop over the coming years? How are the packages
Last year Assemble, an architecture collective, and Granby 4 Streets Community Land Trust, a client that we had worked with on the transfer of properties from Liverpool City Council, won
The measures that will be introduced represent a turning point in government policy, challenging the orthodoxy that has existed for the last 30 years. In this article I give personal comment
Of course this year is very different with organisations having to apply rent decreases for social housing tenants (even though we are still waiting for the Welfare Reform and Work
General 10% uplift to civil court fees Fees will rise across the range of civil proceedings, including enforcement proceedings and also for civil business in magistrates courts. Notable increases include:
All hospitals are under an obligation to investigate serious incidents in their hospitals. The purpose is to learn from the mistakes in order to prevent recurrence and so protect patient
This case is about the tricky and contested issue of break clauses. Often, the exercise of a break option is conditional on the tenant paying the rent in full for
The new thresholds are: These will apply to all procurements begun after 1 January 2016. * The Light Touch Regime applies to social and other specific services including health, education
Housing Benefit and Local Housing Allowance (LHA) and new tenancies + Universal Credit = a Market Economy For most housing associations, having LHA as a limit on new rents will
All is not healthy with Social Care, nor will it get better Councils responsible for social care will now be able to levy a social care ‘precept’ of up to
What George Osborne has delivered is the prospect of some new money being raised in particular by local authorities and a £1.5 billion increase in the Better Care Fund. Whilst
Regulations Regulation 53 of the Public Contracts Regulations 2015 requires an organisation subject to the EU procurement rules to offer on the internet, “unrestricted and full direct access free of charge
The guidance is aimed at social enterprises that want a better understanding of PCR 2015. It also sets out how these Regulations and the Public Services (Social Value) Act 2012
However, it fairly quickly became apparent that for the almshouse charities which are also Registered Providers (and, therefore, regulated by the Homes and Communities Agency) there were a number of
The announcement follows the statement by Alan Cameron, Vice President of clinical quality at the Royal College of Obstetricians and Guidance at the Royal College of Midwives conference in Telford
Given our in-depth sector knowledge and 35 years of experience in advising on the right to buy, ACS has taken the opportunity to make written submissions to the Committee. A
The likely long term consequences of the ONS decision to classify housing associations as part of the “public sector” are, as we have said in our recent e-briefing, not going
The recent decision of Senior Judge Lush in the case of Re GM provides a window into the workings of a dysfunctional lay deputyship, whilst helpfully clarifying the threshold of “acceptable”
Introduction This article looks at some of the main issues in relation to the issue of bonds whether by way of a public own name bond issue or privately placed
A country that lives within its means: Spending Review 2015, published on 21st July, presents some hints as to what the government is expecting its departments, and others in the
“To secure for the workers by hand or by brain the full fruits of their industry and the most equitable distribution thereof that may be possible upon the basis of
This guide is ideal for those who are uncertain of how social value fits with contracting authorities’ duties relating to cross-border appeal and local authorities’ duties of Best Value. The
Key points to note are: Reducing regulation The Bill contains reference to reducing regulatory control over private registered providers of social housing (“HAs”) and their affairs (although it only delegates
The light-touch regime in brief The new regime applies where commissioners have a requirement for over £625,050 of health or social services. This will probably catch most frameworks and contracts for
The EU has been working on three new procurement Directives (for utilities, public sector procurement, and concessions). This has been a lengthy process but at long last these new Directives
UPDATE: the s21 Regulations have, as of today, been amended as there was a serious error in the prescribed section 21 notice form. This has now been rectified and the
Clearly this is also relevant to local authorities monitoring the private rented sector. We also cover other changes that apply from 1 October 2015. Do note that the Regulations have,
HA boards need to get to grips quickly with the proposals and make a decision which could greatly impact upon the relationship between the Government and the housing sector in
This is a very sad case, where Mrs McDonald’s daughter Rachael became concerned about her mother’s overly apologetic behaviour within the care home. She was so concerned she decided to
Covered initially in our article of 29 July. In the case at hand, Mrs Jackson had chosen to leave her estate between a number of charities, including the
Court Fees Back in January 2015 we outlined the Government’s plan to increase fees at the County Court. The MoJ has now published the Government’s Response to the
A country that lives within its means: Spending Review 2015 presents some hints as to what the government is expecting its departments, and others in the wider public
The County Court at Bristol held in Camelot v Greg Roynon that a tenancy had been granted. The judgment looked carefully at whether ‘exclusive possession’ was given in the agreement and
While health minister Earl Howe argued the legislation was neither ‘necessary nor appropriate’, the peers voted 247 to 218 to defeat the government and support extending the Human Rights Act
Sitting alongside those local cases, there have been a number of high-profile decisions considering the issues arising – this briefing sets out those cases. R (on the application of Ma
Procurement in practice – Avoiding the pitfalls and getting the best result covers: the building blocks to put in place in a successful procurement process and the stages involved; how
The Legal Background The changes are introduced through The Transfer of Tribunal Functions Order 2013. The Property Chamber is comprised of a First-Tier Tribunal and an Upper Tribunal. The Tribunals
With rising demand for public services especially for the vulnerable, but with less money and other resources available from the State, councils play a critical role in holding the loop
Organisations who have won contracts from public sector organisations will typically have needed under the government’s Fair Deal guidance to ensure that transferring staff can either remain in their public
While doing more for less is the government’s mantra, the concept of social value has grown in importance and culminated last month in the passing of the Public Services (Social
The Government is consulting on its proposals and the deadline for a response is 11 April 2013. We will be preparing a response to the consultation and would welcome your
Our client, and the other claimants, were concerned as to the quality of recycling that would be collected if the Regulations were implemented as proposed. Subsequently, proceedings were paused to
Following the inquest into the deaths of two firefighters in a fire on the ninth floor of a high-rise tower block owned by Southampton City Council, Keith Wisemen, Southampton Coroner,
Any change to the law and procedure which encourages parents to focus on their children’s needs is a positive step and will be welcomed by all family lawyers. The current
This has the following implications: There is now no required rent level; The definition of an intermediate rent is different from what was the old Intermediate Market Rent (IMR) as
The facts of the case The parties to the lease in question at the time of the dispute were Daejan (holding a leasehold interest itself but landlord for these purposes)
Changes are likely to be implemented by 6 April 2013, as follows: The Government will remove the 90 day minimum period for consulting with employees of 100 or more; and
On 19 November 2012, the government announced that it was “calling time” on equality impact assessments. We understand the Government’s view is that equality issues can be properly considered as
For details, see UK response to Commission’s proposed new EU procurement Directive. Negotiations within the EU on the draft Directive are progressing and on 19 October the Commission issued a
The updated guide, , largely restates the most recent TSA guide on disposals. However, the HCA has inserted some further information for PRPs on some specific aspects of the
Given this, “contracting authorities” (for example local authorities, housing associations, ALMOs) should be aware that new Cabinet Office guidance suggests that competitive dialogue procedure should not be used as [...]
However, the EU procurement rules on frameworks have not been particularly well understood, even by those who are responsible for setting up and managing frameworks. There is also considerable legal
Once agreed, the new Directives will need to be adopted as UK law by 30th June 2014. This briefing highlights some of the key changes those Directives will make, and
The Public Services (Social Value) Act 2012, passed on 28th February 2012, has the potential to significantly impact the well being of communities for whose benefit services are procured. The
In a further answer to prayer, however, the Local Government Act 2000 power to promote well-being has not been abolished for councils in England as Schedule 1 of the Localism
This ebriefing highlights some of the key changes the Directive will make, and the implications of those changes for local authorities registered providers of social housing and ALMOs. Group structures
In short - yes. This is a common question in personal injury or clinical negligence claims and has recently come before the High Court in judicial review proceedings.
It was first referred to in the Charities Act 2006 (which was subsequently replaced by the Charities Act 2011) but it has finally been announced that charitable companies are able to convert to a charitable incorpo [...]
In all the action to remove defective cladding, leaseholders have been the elephant in the room. Whilst social landlords might have adopted a wait and see approach private landlords do not have that luxury.
Many of us who have been following the unfolding Inquest, are not surprised that the Coroner found gross and significant failures on the part of those caring for him.
The CQC’s prosecution earlier this month of an Essex Care home comes as a salient reminder of the need for providers to act promptly.
Necrotising Fasciitis, more commonly known as the ‘flesh-eating disease’, is a significant medical condition that requires urgent treatment.
Currently, the law doesn’t allow a single parent with a child born via surrogacy to obtain a parental order, leaving their family legally vulnerable.
The national study, Why Asthma still kills, involved a detailed examination of the circumstances surrounding 195 deaths from asthma in the UK in 2012.
Housing providers hoping to escape the EU procurement rules should note that this is unlikely pre-Brexit.
The maximum discount available to tenants exercising their right to buy or preserved right to buy (in England only) is increasing.
To merge or not merge? That is the question. Could a merger help you to best achieve your charitable purpose? Edwina Turner explains.
HM Revenue and Customs introduced the Community Amateur Sports Club (CASC) Scheme in April 2002. This article serves as a general update as to the requirements of registration of a CASC, structures of a CASC and t [...]
The Fundraising Regulator has opened its registration scheme to charities registered with the CCNI; Jas Atwal explains the thresholds.
The revised Standard replaces the old self-assessment model with a more structured mechanism that places VFM at the heart of the business and involves reporting against a set of VFM Metrics.
In this update we cover topics including: corporate tax evasion offences, the government’s consultation on corporate governance and insolvency, this quarter’s key dates (yes, we do mention GDPR!).
The Late Payment of Commercial Debts (Amendment) Regulations (the ‘Regulations’) 2018 came into force on 26 February 2018, and apply to contracts made on or after that date.
The Government has announced that it will amend The Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations 2017 (the “Regulations”).
One of the most important benefits of lighter nights is the improvement in road safety.
The Regulator of Social Housing has this week published a revised 'Regulating the Standards'.
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.
This month we consider the Charities Act 2022, Charity Commission inquiries, police investigations and Covid-19 guidance.
Any measure created in contemplation of divorce, or within a relatively short period before it, is potentially reviewable by the court if it is intended to defeat a spouse’s claim for financial relief.
On 17 September 2018 HMRC produced their updated guidance on approaching the self-review under the Social Care Compliance Scheme. Here are the headlines.
Despite vaccines being available, there are still thousands of cases of adult meningitis in the UK every year.
A Specialist Housing Court was first proposed a year ago, and the MHCLG has now issued a “Call for Evidence”.
One significant difference between someone managing the financial affairs of another (often called “P”) under a power of attorney as opposed to a deputyship, is the degree of supervision.
As a lawyer, building a rapport and trust are important, but lawyers must remain objective.
I have just finished watching the lovely Christopher Eccleston on BBC iPlayer’s Come Home (#spoileralert in case you haven’t seen it yet). It’s about a family where, rather unusually, the mother leaves the marriage [...]
On 27 July 2017, the Financial Conduct Authority (the “FCA”), announced that by the end of 2021, the FCA will not use its legal powers to compel or persuade banks to submit to LIBOR as they are not comfortable in d [...]
Six months after the first recorded case of COVID-19 in the UK, it is clear that charities, community organisations and volunteers have played a huge role in the UK’s response to the COVID-19 pandemic
Keeping up to date with regulatory and prosecution trends can help to give organisations a better understanding of regulators’ priorities.
In this edition, we look at 2023 annual returns, more news on the financial side including HMRC’s new anti-tax avoidance scheme and changes to auto-enrolment pensions in the pipeline, gag clauses and the ability of [...]
A widespread issue for completing property transactions since the lockdown has been complying with the Land Registry requirement for deeds to be “wet-signed”. A hoped-for announcement of a change in the regulation [...]
Commercial and local authority landlords could benefit from urgently reviewing their legal options.
A new era of paperless property deals is upon us following the Land Registry’s landmark decision in July 2020 to accept e-signed documents for registration.
Commercial and local authority landlords are seeing their rental revenues crushed by the Covid-19 crisis, and many could benefit from urgently reviewing their legal options.
The High Court Ruling in R(Harvey) v Ledbury Town Council has clarified how a council should deal with complaints against a councillor & has implications for Town & Parish Councils throughout England.
Chancellor Rishi Sunak’s £3.8 billion SDLT giveaway may bring benefits for registered providers of social housing, according to ACS experts in the sector.
The Land Registry has announced temporary changes that will make it easier to deal with execution of transfers, leases and other deeds relating to a disposition of an interest in land.
There has been a steady trickle, not quite a stream, of news as this new economy and its raft of rights are forged.
A recent case has confirmed that a professional appointment for construction will usually be a “construction contract” under the Construction Act.
It has been an exciting quarter, with a number of this year’s highly anticipated “key dates” fast approaching.
Welcome to our charities monthly round-up for September 2022 containing information on the Government’s proposed energy price guarantee and key messages from the Charity Commission and Fundraising Regulator.
This webinar covers using inclusive language, reasonable adjustments, the value of neurodivergent employees and recent case law
The Charity Commission has recently published two pieces of updated guidance relating to safeguarding and serious incident reporting.
A sizeable North Lincolnshire social housing provider has learnt the hard way that, whilst honesty is the best policy, it does not mean you’ll evade the consequences of your actions.
The second date we are offering for this workshop which shows you how to ensure your contracts comply with the CMA's Guidance and enhance your market position.
The GDPR and DPA 2018 have already been in force for nearly four months. Here we talk through some of the key learnings since May.
The reasons given included that: Provision of care by the charity over time involves “multi-dimensional decisions involving a range of agencies and authorities”. The court should be alert to the
Almost three years on from the tragic death of two-year-old Awaab Ishak in Rochdale, and ten months after Coroner Joanne Kearsley’s Prevention of future deaths report, the department of levelling up, housing and co [...]
Social purpose law firm Anthony Collins Solicitors (ACS) has merged with Cheshire-based specialist private client practice Jobling Gowler.