Author: Riya Sekhon

The Government has announced a new legislation to deal with the problem of unauthorised absences in schools. 

Previously, Local Authorities and councils would each have their own rules to deal with unauthorised absence.   These could vary widely from region to region.   Now, the Department of Education (DfE) has implemented significant changes in a unified approach to issuing Penalty Notices for unauthorised school absences.   These changes aim to ensure consistency across all Local Authorities and introduce increased charges for Penalty Notices.

Key Points of the New Framework

Nationwide Consistency –

• All Local Authorities will now follow the same rules, providing a unified approach across the country
• A Penalty Notice must be considered at the trigger point of 10 (half-day) sessions (or 5 full days) of unauthorised absence within a 10 week period or by 5 consecutive days of Term Time Leave.

Exceptional Circumstances –

Term Time Leave is only permitted in exceptional circumstances, which must be communicated in advance and supported with evidence to the Headteacher as soon as possible.

Exceptions and Special Cases are –

• Illness
• Pre-approved exceptional circumstances
• Religious observance
• Lack of provided transport
• Gypsy/ Traveller families – considerations are made for families with no permanent residence, and who are required to travel for work

Notices to Improve –

• This is a final opportunity for parents to improve their child’s attendance before a Penalty Notice is issued. If a parent fails to engage with support or if previous notices have had no effect, a Penalty Notice can be issued during, or at the end, of the designated improvement period.

Penalty Notice Charges –

• First Offence:
  • £160 per parent, per child, payable within 28 days
  • Reduced to £80 per parent, per child, if paid within 21 days
• Second Offence:
  • £160 per parent, per child, payable within 28 days
  • No reduction for early payment
• Third Offence Onwards:
  • Case presented directly to the Magistrate’s Court
  • Fines up to £2500 per parent, per child
  • Possible criminal record if found guilty in court
  • Jail sentence up to three months

Financial Implications –

• Penalty Notices are issued per parent, per child. For example, if four siblings are absent the parents will get fined £640 each, £1,280 altogether.

Support and Legal Measures –

• Support First:
  • Schools and Local Authorities will first attempt to provide support to help improve attendance
• Legal Actions:
  • If support fails or absences are unauthorised, measures can include Fixed Penalty Notices, Education Supervision Orders, or Prosecution.

These changes will be implemented in August 2024 although practically speaking they will be in force for the start of the 2024-2025 school year (commencing in September 2024) with schools informing parents of the new rules within the coming weeks.

The guidance additionally imposes a duty on schools to share daily data with the government as well as new absence codes to be sued.    

What does a Private Client Solicitor do?

• A Private Client Solicitor specialises in legal matters relating to individuals and families, such as Wills, Trusts, Estate Planning, Probate, Tax Advice, and Lasting Powers of Attorney. A Private Client Paralegal assists the Solicitor in all the above.

What is Estate Planning?

• Estate planning involves preparing for the transfer of a person’s assets and wealth after their death. It includes:
  • Making a Will to ensure a person’s estate passes in line with their wishes.
  • Creating Trusts where necessary to ensure your estate and beneficiaries are protected.
  • Establishing your Inheritance Tax position and identifying possible methods of reducing any potential liability.

Why is having a Will important?

• A Will ensures that your assets are distributed according to your wishes after your death. Without a Will, your estate will be divided according to the rules of intestacy, which may not reflect your intentions.

What is an Executor, and how do you choose one?

• An Executor is the person or people appointed in your Will to administer your estate after your death. Choose someone trustworthy, organised, and capable of handling financial matters. It is often a good idea to discuss the role with the person beforehand.

What is an Administrator?

• The person/ people responsible for dealing with the administration of the estate when there is no Will. The administrator is based on the statutory order of priority and depends on who the deceased’s closest living relatives are.

What is a Grant of Probate?

• A legal document which confirms that the Executors of a Will have the authority to deal with the deceased’s assets. This will be required to sell the deceased’s property and some financial organisations require this to encash the funds, depending on the amount of money held in the account.

What is a Grant of Letters of Administration?

• As above, but when there is no Will. It confirms that the Administrators have authority to deal with the estate.

When will I need a Grant of Probate?

• You will usually need a Grant of Probate when you are an Executor dealing with the estate of someone who has passed away and there is a large sum of money in a bank account that needs releasing, or you need to sell a property. However, there are many other instances where you may require one.

How does a Trust work?

• A Trust is a legal arrangement where one party (a Trustee) holds and manages assets for the benefit of another party (the Beneficiary). Trusts can be used for various purposes, such as managing assets during a person’s lifetime or distributing them after death.

What are the benefits of setting up a Trust?

• Benefits of setting up a Trust include managing and protecting assets, providing for minors or dependents and reducing estate taxes.

What is a Lasting Power of Attorney?

• A Lasting Power of Attorney is a legal document that grants someone the authority to act on your behalf in financial, legal, or medical matters if you become incapacitated or unable to make decisions for yourself.

What should you bring to your first meeting with us?

• Bring identification (photo ID and two proofs of address), list of your assets and liabilities, existing Wills or Trusts, any relevant financial documents, and information about your family and Beneficiaries.

How often should you update your Will?

• You should review and update your Will after significant life events such as marriage, divorce, the birth of a child, or substantial changes in your financial situation. It is also advisable to review it periodically to ensure it still reflects your wishes.

What should I do if I believe that Aston Bond are holding my Will and/or LPA?

• Please get in touch by calling or emailing our office. If it is your own Will or LPA, we will require you to provide us with two proofs of address and a form of photo ID as well as for you to sign a letter of authority which we will email you to return to us. If it is the Will of a person who has passed away, we will require the same from each Executor as well as the death certificate. If you require the LPA(s) of a person who has lost capacity, we will need the same from each attorney.

The Sexual Offences Act 1967 marked the beginning of the end of criminalisation of homosexuality by permitting homosexual acts in private between consenting men over 21 years old in England and Wales. Although, public acts, or acts involving more than two men, were still at risk of prosecution. At this time, homosexuality amongst women wasn’t the primary focus for criminal punishment. There had been a proposal, in 1921, to make homosexuality between women illegal and it was passed in the House of Commons, however, this was ultimately defeated in the House of Lords, based on concerns that advertising and creating laws around lesbianism would only encourage it.

The Sexual Offences (Amendment) Act 2000 was created to equalise the age of consent for homosexuality and heterosexuality to 16 years old, allowing both to be treated equally under the law. This Act helped reduce the stigma around homosexuality and assisted the broader movement for LGBTQ+ rights. The Act wasn’t initially approved by the House of Lords but was eventually passed using the Parliament Acts of 1911 and 1949, which allowed the House of Commons to enact the legislation without permission from the House of Lords in certain circumstances. This Act was a significant milestone for the LGBTQ+ community as it addressed a key area of legal discrimination and helped create a more inclusive society.

In 2002, the Adoption and Children Act was introduced, allowing same-sex couples to adopt children, providing equal rights in adoption to LGBTQ+ couples. Prior to this, only married, heterosexual couples and single individuals were allowed to adopt. This was a major step in recognising the rights of LGBTQ+ families as it provided security and legal recognition of diverse family structures. This Act followed extensive consultation and debate, reflecting the changing societal attitudes towards LGBTQ+ rights and family life.

Two years after this, in 2004, the Civil Partnership Act was passed, allowing homosexual couples to enter civil partnerships. Although this wasn’t the same as a marriage, it granted same-sex couples similar rights and responsibilities, albeit not complete equality, since civil partnerships are distinct from marriages. This Act was passed with a large amount of support from Parliamentary support, reflecting the changing attitudes towards LGBTQ+ rights in the UK and contributed to greater social acceptance and visibility of homosexual relationships.  

In the same year, the Gender Recognition Act 2004 was passed, allowing transgender individuals to obtain a Gender Recognition Certificate, legally recognising their chosen gender identity. This was a significant advancement for transgender rights in the UK. It also included privacy protections, making it a criminal offence to disclose personal information regarding an individual’s gender history without consent.

In 2007, the Equality Act (Sexual Orientation) Regulations were introduced. These regulations made it illegal to discriminate on the grounds of sexual orientation in the provisions of education, services, facilities, public functions, etc., and ensured comprehensive protection as it’s applied both publicly and privately. This led to a greater cultural shift towards acceptance and inclusion of the LGBTQ+ community, despite clashing with religious organisations, which argued that they violate religious freedom by requiring them to act against their beliefs. However, the regulations included specific exemptions for religious organisations surrounding services closely linked to religious practices.  These regulations, now form part of the current-day Equality Act 2010 and continue to provide protection for the LGBTQ+ community.

The Equality Act 2010 was introduced by Labour Party as part of a broader agenda to strengthen and modernise anti-discrimination legislation in the UK, by combining previous laws, such as Sex Discrimination Act 1975, Race Relations Act 1976, and Disability Discrimination Act 1995, and included clear, enforceable protection, making it a criminal offence to discriminate based on sexual orientation and gender reassignment. This forced public bodies to consider how their policies affected people within the LGBTQ+ community, and required them to take steps to eliminate discrimination, and advance equality of opportunity. The Equality Act 2010 has played a crucial role in promoting equality and inclusion in various sectors.

The Marriage Act 2013 legalised same-sex marriage and finally provided for true equality by providing legal recognition as heterosexual couples. The Act was a significant step and furthered social and cultural acceptance of LGBTQ+ individuals and relationships, promoting inclusivity and reducing stigma. Although receiving strong support from many political leaders, it faced criticism from some religious groups and cultural conservatives who were against the redefining of marriage to include the LGBTQ+ community. This resulted in the Act including specific protections for religious groups and ministers who didn’t want any part conducting same-sex marriages, including a “quadruple-lock” of measures to prevent them from having to perform for these ceremonies.

The journey of LGBTQ+ rights in the UK has been marked by significant legislative milestones, each contributing to a more inclusive and equal society. From the decriminalisation of homosexuality in 1967, to the legislation of same-sex marriage in 2013, each law has slowly led to a greater social acceptance and legal protection for the LGBTQ+ community, reflecting evolving societal values. 

• What is commercial conveyancing?
  • Commercial conveyancing involves the transfer of property used for business purposes, such as offices, retail spaces, industrial buildings, and land for development.
• How does commercial conveyancing differ from residential conveyancing?
  • Commercial conveyancing is often more complex than residential conveyancing due to factors such as lease agreements, zoning laws, environmental regulations, and the involvement of corporate entities.
• What is the role of a commercial solicitor?
  • A commercial solicitor handles the legal aspects of buying, selling, or leasing commercial property. This includes drafting contracts, conducting due diligence, handling negotiations, and ensuring compliance with all legal requirements.
• What should I consider when buying commercial property?
  • Key considerations include locations, zoning regulations, property condition, lease agreements (if any), future development potential, and financial aspects such as purchase price, taxes, and potential return on investment.
• What is due diligence in commercial property transactions?
  • Due diligence involves thoroughly investigating the property to uncover any potential legal, financial, or physical issues. This may include title searches, environmental assessments, building inspections, and reviewing existing leases or contracts.
• How long does the commercial process take?
  • The duration can vary widely but typically takes between several weeks to a few months, depending on the complexity of the transaction and any issues that arise during due diligence. Factors such as financing arrangements, legal complexities, and negotiations can affect the timeline.
• What documents are required to sell commercial property?
  • Required documents usually include the title deed, property information forms, lease agreements, planning permissions, building regulation certificates, and any warranties or guarantees related to the property.
• What is an exchange of contracts?
  • The exchange of contracts is a critical stage in the conveyancing process where both parties sign and swap contracts, making the agreement legally binding. A deposit is typically paid at this stage. It solidifies the commitment of both parties to proceed with the transaction.

• What is a commercial lease?
  • A commercial lease is a legally binding agreement between a landlord and a tenant outlining the terms and conditions for the rental of commercial property.
• What should be included in a commercial lease agreement?
  • Key elements include the lease term, rent amount and payment terms, security deposit, maintenance responsibilities, permitted use of the property, and provisions for renewal or termination.
• Can a commercial lease be modified?
  • Yes, a commercial lease can be modified, but any changes must be agreed upon by both parties and documented in writing.
• What financing options are available for purchasing commercial property?
  • Financing options include commercial mortgages, business loans, and investor funding. The terms and availability of these options can vary based on the buyer’s financial situation and the property’s value. Some buyers may also consider lease-to-own arrangements or seller financing.
• What are the tax implications of buying or selling commercial property?
  • Tax implications can include capital gains tax, property taxes, and potential VAT. It’s important to consult with a tax advisor to understand the specific tax obligations related to your transaction.
• What is an environmental assessment?
  • An environmental assessment evaluates the potential environmental risks associated with a property, such as soil contamination, hazardous materials, and compliance with environmental regulations. This assessment helps identify any potential liabilities and necessary remediation efforts
• What should I do if a dispute arises during the conveyancing process?
  • If a dispute arises, it’s important to seek legal advice immediately. Your conveyancer or solicitor can help negotiate a resolution or, if necessary, represent you in legal proceedings. Dispute resolution mechanisms may include mediation, arbitration, or court proceedings.
• Can I terminate a commercial property contract?
  • Termination of a commercial property contract depends on the terms of the agreement. Usually, there are specific clauses outlining the conditions under which a contract can be terminated. Legal advice is essential in these situations to understand the implications and process for termination.
• What happens after the completion of a commercial property transaction?
  • After completion, the buyer takes possession of the property, and the conveyancer ensures that all necessary documents are filed with the appropriate government agencies to register the change in ownership.
• How do I handle ongoing property management?
  • Ongoing property management involves maintaining the property, ensuring compliance with lease terms, collecting rent, and handling any legal or tenant issues. Many owners hire property management companies to handle these responsibilities. Effective property management is crucial for maintaining property value and ensuring tenant satisfaction.

On 22nd May 2024, Rishi Sunak made a statement outside Downing Street, announcing a general election will take place on 4th July 2024.

As the summer elections approach, employers and employees are keenly watching the potential shift in employment law that could follow. Here’s a look at some of the key changes the Labour Party and the Conservative Party aim to make.

The Labour Party, led by Keir Starmer, has promised to make their “New Deal for Working People” a central aspect of their plan for government if it wins the election.  Their key plans for this are likely to include the following:

• Ban on zero-hour contracts and rights to regular, and secure, working hours;
• More day one employment rights, including rights not to be unfair dismissed (currently there is a 2 year qualifying period in most cases);
• Restrictions of “fire and re-hire” used by employers in the past;
• Strengthen statutory sick pay;
• New rights for unions to access workplaces;
• Enhanced rights to flexible working;
• Right to disconnect from work – preventing employers from contacting staff outside working hours;
• Repeal of anti-strike laws;
• Review of shared parental leave;
• More regulation of AI; and
• Replacing the UK’s three-part framework for employment rights with a simpler two-part framework with just workers and the self-employed.

It is reported that an employment bill has already been drafted and is waiting in the wings and Labour has stated they will begin the legislative process in the first 100 days (which means by 12th October 2024) although that could just mean the White Paper.

The Conservative Party, led by Rishi Sunak, has so far stated very little about their plans for employment law, but it is safe to assume that the aim will be deregulatory, due to their emphasis on “smarter regulation to grow the economy”. Their key plans for employment law are likely to include the following:

• Re-introduce employment tribunal fees;
• A cap on the duration of non-complete clauses in employment contracts; and
• Provision of enhanced paternity leave for fathers whose partner dies in childbirth.

It is unclear what will happen with the Workers Act 2023, which gives employees a right to request a more predictable contract. This Act was due to come into force in Autumn 2024 and has already made its way onto the statute book, however, it requires further regulations to flesh out the details of the new rights and bring them to force.

The 2024 summer general elections hold the potential to bring about significant changes in employment law. While the Labour Party aims to enhance employee rights, the Conservative Party aims to foster economic growth through deregulation. The outcome of this election will determine the direction of employment law, influencing the working conditions of millions across the country as well as the economic future of many businesses throughout the UK.  So, your vote really will count and we encourage everyone to have their say.

Voting can be done in person at the polling stations of 4^th July 2024 between 7am and 10pm. Make sure you take valid photo ID. Once voting closes at 10pm, an exit poll will be announced. This is a survey of in-person voters taken at a sample of approximately 150 constituencies in the UK.  

Alternatively, you can vote by post if getting to a polling station is difficult for you.  The government are encouraging all those who wish to do so, to apply as soon as possible to ensure applications are dealt with in plenty of time. 

To apply to vote by post, simply visit https://www.gov.uk/apply-postal-vote