Category: Latest News

On 17^th July 2024, King Charles gave a speech written by the Government as part of the “State Opening of Parliament”. The speech was made to state what the government’s legislative priorities are for Labour’s new Parliamentary period. This included 40 bills, most of which were categorised into five of Labour’s missions, which are:

Economic Stability and Growth:

• National Wealth Fund Bill – Establishes a National Wealth Fund to manage and invest for the long-term benefit of UK citizens.
• Pension Scheme Bill – Enables individuals to consolidate their pension funds.
• Planning and Infrastructure Bill – Reforms the planning system to make the process for critical infrastructure projects more efficient.
• Employment Rights Bill – Ban zero-hour contracts, and fire and rehire, and strengthen sick pay and protection for new mothers.
• English Devolution Bill – Create a more regulated framework for English devolution and expedite the devolution process in England.
• Railways Bill – Reform rail including establish GBR and allow rail contracts to be taken into public ownership at the end of contracts or if providers fail to deliver.
• Passenger Railway Services (Public Ownership) Bill – Amend rail legislation to make a public sector operation the default.
• Better Buses Bill – Reform to bus services and franchising, including enabling local control and promoting public ownership.
• Bank Resolution (Recapitalisation) Bill – Reform how the Bank of England responds to failing banking institutions.
• Arbitration Bill – Reform the laws on arbitration in England and Wales.
• Product Safety and Metrology Bill – Gives government the powers to update product regulations.
• Digital Information and Smart Data Bill – Enables new uses of data to drive growth.
• High Speed Rail (Crewe to Manchester) Bill – A hybrid bill to grow powers for building rail infrastructure between Crewe and Manchester. This was carried over from the last Parliamentary session.

Great British Energy and Clean Energy Superpower:

• Great British Energy Bill – Establishes Great British Energy, a public body responsible for owning and operate clean energy projects throughout the UK.
• Water (Special Measures) Bill – Regulate water companies to clean up UK rivers, lakes, and seas.
• The Crown Estate Bill – Reform the Crown Estate to allow it to borrow and invest more widely.
• Sustainable Aviation Fuel (Revenue Support Mechanism) Bill – Support sustainable aviation fuel production in the UK.

Secure Borders, Cracking Down on Anti-Social Behaviour and Take Back Our Streets:

• Border Security, Asylum and Immigration Bill – Enhance border security, tackle organised immigration crime, and reform the asylum system.
• Crime and Policing Bill – Improve policing, tackle anti-social behaviour, knife crime, and retail crime, and provide a stronger response to violence against women.
• Terrorism (Protection of Premises) Bill (AKA Martyn’s Law) – Introduce security requirements for certain public venues. This Bill was included in the last King’s speech but wasn’t introduced by the last government.
• Victims, Courts, and Public Protection Bill – Support victims of crimes, make the court system more efficient.

Health:

• Tabacco and Vapes Bill – Ban smoking for those born after 2008 and prevent the availability of vapes for minors.
• Mental Health Bill – Amend the Mental Health Act 1983 to improve treatment for mental health.

Break Down the Barriers to Opportunity:

• Children’s Wellbeing Bill – Improve children’s wellbeing including a requirement for free breakfast clubs in every primary school.
• Skills England Bill – Establish Skills England, a public body to improve skills needed in the workforce.
• Renters’ Rights Bill – Reform the rental market, including abolishing ‘no-fault’ evictions.
• Football Governance Bill – Establish independent football regulator

Other Bills Introduced:

• Hillsborough Law – Place a ‘Legal Duty of Candour’ on public servants and authorities. This requires registered professionals to act in a transparent way with people receiving care or treatment from them.
• Armed Forces Commissioner Bill – Strengthen support for members of the armed forces and their families through an Armed Forces Commissioner.
• House of Lords (Hereditary Peers) Bill – Remove the right of hereditary peers to sit in the House of Lords.
• Northern Ireland Legacy Legislation
• Cyber Security and Resilience Bill
• Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Bill
• Lords Spiritual (Women) Act 2015 (Extension) Bill

Sometimes, the government publishes Bills in draft form to allow for scrutiny before formal introduction into Parliament. There are four of these mentioned in the King’s speech:

• Draft Audit Reform and Corporate Governance Bill – Establish a new audit reporting and governance authority to oversee auditing.
• Draft Leasehold and Commonhold Reform Bill – Reform leaseholder rights and regulate grounds rights.
• Draft Equality (Race and Disability) Bill – legally guarantee the right to equal pay for minorities and people with disabilities. 
• Draft Conversion Practice Bill – A bill to ban conversion therapy.

King Charles’ speech outlined Labour’s legislative mission, including 40 Bills that focus on economic growth, clean energy, secure borders, health reforms, and breaking down barriers to opportunity. These Bills aim to strengthen the UK’s infrastructure and reflect a comprehensive and progressive plan for the nation’s future. Although we’re still in the early days of a Labour led Parliament, we’re excited to see which legislations officially go through and make a difference in the UK. 

Disputes between landlords and tenants are common and can arise from various issues. Understanding the mechanisms available for resolving these disputes can help both parties reach civil solutions or, if necessary, pursue legal solutions. This guide outlines the most frequent disputes and the processes for resolving them in the UK.

Common Landlord and Tenancy Disputes:

Rent Arrears – When a tenant fails to pay their rent on time

Steps to take:

• Reminder – Landlords should send a reminder to the tenant if rent is overdue
• Payment Plan – Both parties should negotiate a payment plant if the tenant is experiencing financial issues
• Section 8 Notice – Serve a Section 8 notice if the tenant owes rent for more than two months

Deposits – Disputes over the return of the tenancy deposit at the end of the tenancy

Steps to take:

• Tenancy Deposit Protection (TDP) Scheme – Tenants can raise a dispute with the relevant TDP scheme if the landlord fails to return the deposit 
• Alternative Dispute Resolution (ADR) – Utilise the free ADR service provided by the TDP scheme
• Court Action – if unresolved, take the matter to the Small Claims Court

Repairs and Maintenance – Issues regarding the landlord’s failure to carry out necessary repairs or tenants causing damage to the property

Steps to take:

• Written Notice – Tenants should notify the landlord in writing about necessary repairs
• Environmental Health – Tenants should contact the local council’s environmental health department if the landlord fails to carry out repairs
• Rent Repayment Order – Apply for a Rent Repayment Order if the property is unfit for habitation

Eviction – Conflicts over the legality and process of eviction

Steps to take:

• Section 21 Notice – For no-fault evictions, landlords must give a minimum of two months’ notice
• Section 8 Notice – For evictions due to the tenant’s breach of contract
• Court Order – Landlords must obtain a court order to legally evict a tenant

Other Ways to Resolve Disputes:

Negotiation:

• Initially, both parties should attempt to resolve the issue through direct communication. Clear, direct communication can often resolve misunderstanding and disagreements. If an agreement is reached, both parties should make sure that there is a written agreement to show this to avoid future disputes.

Mediation:

• A neutral third-party mediator can help facilitate discussions and negotiations between the landlord and tenant to reach a mutually acceptable agreement. This is often cheaper and quicker than going through court proceedings.

Alternative Dispute Resolution (ADR):

• For disputes related to deposits, the TDP scheme offers a free ADR service. This service can help resolve disagreements without going to court. Formal arbitration can also be used for other types of disputes. The decision made in arbitration is legally binding and can provide a definitive resolution.

Legal Action:

• For serious disputes, either party can escalate the matter to the County Court, however, this is often a longer and more formal process. For claims under £10,000, the Small Claims Court is an accessible option, and it’s simpler and less formal than the County Court. Landlords looking to evict tenants can also initiate possession proceedings through the court system.
•  

Legal Aid:

• Tenants may be able to qualify for legal aid based on their financial circumstances, providing them with legal representation and advice.

Whether you’re dealing with rent arrears, deposit disputes, repairs, or eviction issues, there are clear steps to take. By utilising these processes, landlords and tenants can work towards fair and civil outcomes, ensuring a smoother rental experience for all parties.

This article is based on an article written by Policy in Practice | https://policyinpractice.co.uk/general-election-2024-what-the-party-manifestos-tell-us-about-housing-and-local-government/

As housing continues to be a critical issue in the UK, political parties have put forwards their strategies to address the crisis. Here’s a breakdown of the key housing policies from the Conservatives, Labour, and Liberal Democrats.

Conservative Party Policies:

Ending Rough Sleeping – Focus on preventing homelessness by delivering commitments under the Local Authority Housing Fund and reviewing temporary accommodation quality.

Social Housing Reforms – Introduce “Local Connection” and “UK Connection” tests for social housing eligibility.

Anti-Social Behaviour – Implement a “three strikes and you’re out” rule for social housing landlords dealing with anti-social tenants.

Housing Developments – Aim to deliver 1.6 million well-designed homes in suitable locations.

Stamp Duty Reform – Permanently abolish Stamp Duty for homes up to £425,000 for first-time buyers, with an equity loan of up to 20% for new builds, allowing purchases with a 5% deposit.

Affordable Home Programme – Renew and continue focusing on regenerating housing estates, coupled with the Mortgage Guarantee Scheme.

Renters Reform Bill – Ensure fairness in the rental market, abolish Section 21, and strengthen eviction grounds for anti-social behaviour.

Rural Housing Initiatives – Increases affordable housing availability in rural areas, supported by rural exception sites and a dedicated Homes England Taskforce.

Labour Party Policies:

New Home Construction – Build 1.5 million new homes over the next Parliament.

Social Housing Priority – Focus on building new social rented homes, protect existing stock, review Right to Buy discounts, and increase protections for new social housing.

Abolish Section 21 – Immediately end “no-fault” evictions, protect private renters from exploitation and discrimination, and empower them to challenge rent increases.

Homelessness Strategy – Develop a cross-government strategy to end homelessness, working with Mayors and Councils.

Affordability and Standards – Make housing more affordable, expand childcare access, improve work pay, and enforce mandatory housing targets.

Social and Affordable Housing – Achieve the largest increase in social and affordable house building in a generation, ensuring new developments provide more affordable homes.

Liberal Democrat Policies:

Cross-Whitehall Homelessness Plan – Urgently publish a plan to end all forms of homelessness.

Emergency Accommodation Duty – Introduce a legal duty to provide emergency accommodation and assessments for those at risk of sleeping rough.

Shared Accommodation Rate Exemptions – Exempt certain homeless groups from this rate.

Local Authority Support – Ensure local authorities have sufficient resources to deliver the Homelessness Reduction Act and support domestic abuse survivors.

Building New Homes – Increase the annual building rate to 380,000 homes across the UK, including 150,000 social homes, through garden cities and community-led developments.

Tenant Protections – Ban no-fault evictions, make three-year tenancies the default, and create a national register of licensed landlords.

Right to Buy Powers – Give local authorities the power to end Right to Buy in their areas.

Vagrancy Act – Scrap the Vagrancy Act and end rough sleeping within the next Parliament.

Rent to Own Model – Introduce a model where rent payments progressively give tenants ownership of their social housing after 30 years.

Each party presents distinct approaches to tackling the housing crisis, focusing on increasing housing supply, protecting renters, and addressing homelessness.

With the election only a day away, voters now have the opportunity to choose the vision that aligns best with their values and needs.

As heatwaves become more frequent, it’s crucial for employers to understand their legal obligations and take proactive steps to protect their workers from the risks associated with extreme heat. Here’s a comprehensive guide on what’s expected from employers, the potential health impacts of working in the heat, and practical measures to reduce these risks.

Employer Responsibilities:

Employers must do whatever they can to protect the wellbeing of their workers, ensuring a safe work environment that is free from heat-related risks. Regular risk assessments are essential to identify and mitigate heat-related hazards, with special attention given to employees with existing health conditions that might make them more vulnerable to heat stress.

Potential Consequences of Working in the Heat:

Exposure to high temperatures can lead to serious health issues, including heat stress. Symptoms of heat stress include:

• Lack of concentration;
• Muscle cramps;
• Heat rash;
• Severe thirst;
• Fainting;
• Heat exhaustion;
• Heat stroke.

To protect workers from heat stress, employers should take the following steps:

• Control Heat Sources – Utilise fans, air conditioning, and physical barriers to minimise heat exposure.
• Modify Rate Work – Provide tools and equipment to reduce physical exertion where possible.
• Regulate Exposure – Schedule work during cooler parts of the day and provide regular rest breaks in cooler areas.
• Prevent Dehydration – Ensure cool water is readily available and encourage frequent hydration.
• Identify Vulnerable Employees – Recognise and accommodate employees at higher risk due to health conditions, medications, or other factors.

Health and Safety in the Workplace:

There is no specific maximum working temperature law, as conditions vary by workplace. However, employers must adhere to Health and Safety Regulations by maintaining comfortable temperatures and providing fresh air. Legal requirements include:

• The Workplace (Health, Safety and Welfare) Regulations mandate a reasonable indoor temperature based on activity and conditions.
• The Construction (Design and Management) Regulations require appropriate temperatures for indoor construction sites and protection from adverse weather for outdoor sites.

Employees should monitor and address complaints or illnesses related to workplace temperatures. Under the Management of Health and Safety at Work Regulations, employers must assess and control risks, including temperature. Consulting with workers on their representatives is crucial to find effective ways to manage temperature extremes. The Approved Code of Practice suggests at least 16°C (or 13°C for strenuous work).

Practical Steps for Managing Workplace Temperatures:

• Maintain reasonable temperatures
• Use local cooling solutions (e.g., fans, AC)
• Provide rest facilities and more frequent breaks
• Ensure adequate ventilation
• Position workstations away from heat sources
• Provide cold water
• Allow flexible work hours
• Remove Personal Protective Equipment (PPE) when not needed

Worker’s can help manage their comfort by adjusting clothing layers, using fans or window blinds, staying hydrated, and taking regular breaks. They should report any temperature-related issues to a manager, union, or representative.

By understanding these guidelines and proactively managing workplace temperatures, employers can ensure a safer and more comfortable environment for their workers, even during extreme weather conditions. Prioritising worker safety not only complies with legal requirements but also promotes a healthier, more productive workforce.

This article is based on an article written by STEP: Wills and Trusts | STEP

Estate planning is an essential aspect of managing one’s legacy and ensuring the well-being of loved ones after passing. The primary instruments in this process, Wills and Trusts, are meant to provide peace of mind by clearly outlining the distribution of assets. However, the rise of unqualified advisors in the estate planning sector is becoming a problem and sometimes leading to severe financial and emotional repercussions for grieving families.

The Growing Concern

The Society of Trust and Estate Practitioners (STEP) has long been aware of the dangers posed by unqualified advisors. These individuals and firms, lacking the necessary specialist skills and knowledge, are unregulated and can, at times, lead to them taking advantage of their clients. The fallout from their inadequate advice can be devastating, with families facing unexpected legal fees and tax bills due to poorly crafted Wills.

Alarming Statistics

A recent survey conducted by STEP among its UK members in May 2023 reveals the extent of the problem. The findings are alarming:

• 79% of respondents reported encountering Wills with errors.
• Over half (54%) expressed concerns about rogue firms making false claims that lead to increased tax liabilities.
• 63% of respondents had seen cases where a will writing company quoted an initial fee but then charged additional, hidden costs.
• 54% of those surveyed came across firms making false claims about the benefits of the wills they were selling.

The data indicates a widespread issue, where clients can be misled and can end up with documents that do not serve their intended purpose. One particularly troubling aspect is the misrepresentation of Trusts as a means to avoid care home fees. Advisors have wrongly told clients that transferring their home and assets into a trust or gifting them during their lifetime would protect these assets from being assessed for care home costs. This advice is not only incorrect but also constitutes a deliberate deprivation of assets, which can have serious legal implications.

Real-World Impact

The consequences of such poor advice can be devastating. Families, already dealing with the emotional toll of losing a loved one, find themselves facing financial chaos. Substantial portions of estates are unnecessarily spent on legal fees or taxes, diminishing the intended inheritance. Furthermore, the false sense of security provided by unqualified advisors means that families might discover too late that their assets are not protected as they believed.

The Call for Qualified Advice

Given these findings, the importance of seeking qualified, competent advice for estate planning cannot be overstated. Clients must ensure that their advisors possess the necessary expertise and credentials. Qualified solicitors and STEP members, for instance, are subject to rigorous training and adherence to professional standards, offering a level of assurance that the advice given will be sound and, in the clients’, best interests.

Conclusion

Estate planning is too critical a task to leave in the hands of unqualified advisors. The repercussions of bad advice can last for generations, affecting not only the financial stability of families but also their emotional well-being. It is highly advisable for individuals to seek out qualified professionals who can provide reliable guidance and ensure that their estate plans fulfil their intended purpose. By doing so, they can truly achieve peace of mind and protect their legacy for their loved ones.

Please get in touch if you need by contacting our Private Client Solicitor, Lara Thomas at lthomas@astonbond.co.uk or our Private Client Paralegal, Emma Wallace at ewallace@astonbond.co.uk.

On June 20^th, 2024, many observed the Summer Solstice, a day marked by its significant astronomical importance. While it’s often celebrated throughout the day, the Solstice actually occurs at an exact moment when the Sun reaches its highest point in the sky. This marked the first day of the astronomical summer season, and the longest day of the year, with at least 16 hours of sunlight. The sun rose around 4:42am BST and set around 9:21pm BST.

The Summer Solstice occurs when the Northern Hemisphere is most tilted towards the sun, causing the sun’s rays to strike this part of the Earth most directly. At the same time, the Southern Hemisphere is tilted the farthest away from the sun, causing a Winter Solstice on the south side of the planet.

The Solstice sits within a broader celestial framework that includes seasonal equinoxes marking Spring and Autumn, as well as daily, monthly, and annual cycles. This wider view of celestial events highlights the deep connection between time, nature, and human culture, particularly in agriculture.

The Summer Solstice has deep historical roots, especially among Northern and Central European Neolithic cultures. These early societies may have related the solstice to the timings of crop cycles, an essential aspect of their agrarian lifestyle. Celtic, Slavic, and Germanic people have celebrated the Solstice by lighting bonfires to boost the sun’s strength for the remained of the crop season and to ensure a healthy harvest.

One of the most iconic symbols of the Summer Solstice is Stonehenge, located in Wiltshire, England. Many Neolithic stone circles, including Stonehenge, appear to have been constructed with the movements of the sun at Solstices in mind. Although we can’t be definitive about the exact purpose of these structures, the careful positioning of these stones suggests they were aligned to frame the solar motion on summer and winter solstices. Stones placed at the axis of a particular solstice were even shaped with hammerstones to frame the sunrise for those standing in the centre of the circle.

At Stonehenge, the central Alter Stone aligns with the Heel Stone, Slaughter Stone, and the rising sun to the northeast. Each year, people gather at Stonehenge to celebrate the Summer Solstice with pagan songs and dancing. It is believed to have been the site of ancient Druid solstice celebrations, further cementing its significance in both historical and contemporary times.

The Summer Solstice is a moment that connects us to our ancestors, who looked to the skies to mark the passage of time and the changing of seasons. As we celebrate on June 20^th, we continue a long tradition of honouring the sun’s vital energy and the intricate movement of our planet within the cosmos.

As the UK gets ready for the Summer 2024 General Election, tax policy stands out as a crucial issue that could see significant changes based on the election outcome. The Labour Party and the Conservative Party, the primary contenders, have distinct perspective on taxation. Here’s an overview of the possible tax implications depending on the results.

If The Labour Party Wins:

Progressive Taxation and Wealth Redistribution

1. Higher Taxes on the Wealthy – Labour might introduce higher income tax rates for top earners, potentially reintroducing the 50% tax rate for those earning above £150,000
2. Capital Gains and Dividends – Expect proposals to align capital gains tax rates more closely win income tax rates, particularly for high earners, to ensure the wealthy pay their fair share
3. Inheritance Tax Reforms – Labour could lower the inheritance tax threshold and increase rates to capture more revenue from wealthy estates

Corporate Tax Changes

1. Increased Corporation Tax – Reversing recent cuts and possibly raising the corporation tax rate back to around 26%, with higher rates for larger companies
2. Financial Transaction Tax – Introducing or increasing taxes on financial transactions to generate revenue from the financial sector

Support for Middle and Lower-Income Families

1. Expanded Child Benefits – Increasing child benefits and making them more widely available
2. Housing and Energy Subsides – Tax reliefs or direct subsidies aimed at reducing the cost of housing and energy for low-income families
3. Education and Training – Enhanced tax deductions or credits for education and vocational training to support skills development and employment opportunities

If The Conservative Party Wins:

Continued Focus on Low Taxes

1. Maintaining or Furthering Cutting Income Taxes – Conservatives could look to maintain current income tax rates or introduce further cuts, particularly for middle income earners
2. Capital Gains and Dividends – Efforts to keep capital gains and dividends tax rates low to encourage investment
3. Inheritance Tax Reforms – Potentially raising the inheritance tax threshold or introducing new reliefs to reduce the tax burden on inherited wealth

Corporate Tax Policies

1. Stable or Reduced Corporation Tax Rates – Maintaining current rates or introducing further cuts to stimulate business investment and economic growth
2. Incentives for Innovation – Enhanced tax reliefs for research and development, and other incentives aimed at fostering innovation and productivity

Targeted Support for Families

1. Childcare Tax Credits – Expanding tax credits for childcare to help working parents
2. Home Ownership Support – Tax reliefs or incentives to support first-time homebuyers and promote home ownership
3. Retirement Savings – Increasing incentives for private pension contributions to encourage long-term savings

The Summer 2024 General Elections are assured to bring significant changes to the tax landscape. Whether it’s Labour’s vision of higher tax on the wealthy and increased public spending or the Conservatives’ commitment to low taxes and a business-friendly environment, the election results will have profound implications for individuals, businesses, and the broader economy. However, it’s important to remember that political promises are not guarantees. Even if a party wins, they may not implement their tax policies. As voters head to the polls, understanding these potential tax changes is crucial for making informed decisions about the future direction of the country.

• What is residential conveyancing?
  • Conveyancing is the legal process of transferring ownership of a residential property from one party to another. This includes handling the legal paperwork, conducting necessary searches, and ensuring the transaction is completed legally and smoothly.
• Do I need a solicitor for residential conveyancing?
  • While it’s possible to handle conveyancing yourself, it’s recommended to use a solicitor or licensed conveyancer due to the complexities and legal requirements involved in the process.
• What are the main steps in the home buying process?
  • The main steps include making an offer, conducting property searches, arranging a survey, exchanging contracts, completing the purchase, and registering the property with the Land Registry.
• What searches are conducted during the conveyancing process?
  • Common searches include local authority searches, environmental searches, water and drainage searches, and chancel repair liability searches. These searches help identify any potential issues with the property.
• What is an exchange of contracts?
  • The exchange of contracts is when both the buyer and seller sign and swap the contracts, making the sale legally binding. At this point, the buyer usually pays a deposit.
• What happens on completion day?
  • On completion day, the remaining purchase money is transferred to the seller’s solicitor, the keys are handed over to the buyer, and the buyer can move into the property. The property ownership is officially transferred.
• What documents do I need to sell my home?
  • Key documents include the title deed, property information form, fittings and contents form, Energy Performance Certificate (EPC), and any relevant warranties or guarantees.
• How long does it take to sell a house?
  • The time it takes to sell a house can vary, but on average, the process takes around 12-16 weeks from receipt of draft contract pack to completion.
• What are my responsibilities as a seller?
  • As a seller, you are responsible for providing accurate information about the property, including any known issues, and ensuring all paperwork is completed accurately and timely.

• What are the typical costs involved in residential conveyancing?
  • Typical costs include solicitor’s fees, search fees, Land Registry fees, and Stamp Duty Land Tax (for buyers). The exact costs can vary depending on the property’s value and location.
• What is Stamp Duty Land Tax (SDLT)?
  • SDLT is a tax paid by the buyer on properties over a certain price threshold. The amount varies based on the property price and whether the buyer is a first-time buyer, buying a second home, or purchasing a buy-to-let property.
• What is a title deed?
  • A title deed is a legal document that proves ownership of a property. It includes details of the property’s boundaries, any rights of way, and any restrictions or obligations.
• What is a property chain?
  • A property chain is a sequence of linked property transactions, where each sale is dependent on the preceding and succeeding transactions. Delays in any part of the chain can affect the entire process.
• What happens if a problem is found during the property survey?
  • If a problem is found during the survey, the buyer can negotiate with the seller to fix the issue, reduce the purchase price, or in some cases, withdraw from the sale.
• What is a mortgage offer?
  • A mortgage offer is a formal document from a lender confirming that they agree to lend a specified amount to the buyer under certain conditions.
• Can I change my mortgage provider during the conveyancing process?
  • While it is possible to change mortgage providers, it can cause delays and complications. It’s best to finalise your mortgage arrangements before starting the conveyancing process.
• What happens after completion?
  • After completion, the buyer’s solicitor will register the new ownership with the Land Registry, pay any Stamp Duty Land Tax (SDLT) due, and ensure all legal documents are properly filed.
• How do I handle any disputes after the sale is completed?
  • If disputes arise after the sale is completed, it’s important to consult with your solicitor to understand your rights and options. Many disputes can be resolved through negotiation or legal action if necessary.

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.    

In the world of Private Client, you might often hear the word ‘capacity’ being used, and what we mean by this is whether person has mental capacity.

Mental capacity is the ability to understand information and to make appropriate decisions. This could be a decision effecting your daily life, i.e., what clothes to wear that day, or could be something more significant such as whether to make a large financial investment.

How is Mental Capacity Assessed?

The Mental Capacity Act 2005 sets out the test to assess capacity. There are five statutory principles which underpin the legal requirements of the MCA 2005:

• A person must be assumed to have capacity unless it is established that they lack capacity.
• A person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success.
• A person is not to be treated as unable to make a decision merely because they make an unwise decision.
• An act done, or decision made, under the MCA 2005 for or on behalf of a person who lacks capacity must be done, or made, in their best interests.
• Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

How is Mental Capacity Assessed when making a Will?

There is a specific mental capacity assessment necessary to execute a Will is referred to as ‘testamentary capacity’. It is based on a case called Banks v Goodfellow which states that a testator (a person making a Will) must:

• Understand the nature of making a Will and its effects
• Understand the extent of the property of which they are disposing
• Be able to comprehend and appreciate the claims to which they ought to give effect
• Have no disorder of the mind that perverts their sense of right or prevents the exercise of their natural faculties in disposing of their property by Will.

The Mental Capacity Assessment (above) is used alongside this as  a useful cross-reference.

The ‘Golden Rule’

The golden rule as set out in Kenwood v Adams states that where there is an elderly testator or someone who has been seriously ill, it is advisable that a medical practitioner assess the testator’s capacity to make a will and that they make a clear record of their findings.

Lasting Powers of Attorney (LPAs)

It is important to be aware that once a person has lost mental capacity, they can no longer apply for a Lasting Power of Attorney. Indeed, a person must have full capacity when they put an LPA in place as they must sign this document, understanding the full extent of what this document does and appointing their chosen attorneys.

If someone has lost capacity and you wish to make decisions for them, you must apply to the court of protection for a guardianship which is more time consuming and costly than creating an LPA. This is why you must consider putting LPAs in place early.

We hope that this blog gave you more insight into mental capacity and how it is used in a Private Client context. Should you need any further guidance, please feel free to contact one of our friendly Private Client team members at Ewallace@astonbond.co.uk and Lthomas@astonbond.co.uk