Why the Change Matters Labour has outlined an ambitious agenda to strengthen workers’ rights and enhance job security. While these changes aim to create a more equitable workplace, they also introduce complexities for employers. New regulations may include stricter dismissal procedures, enhanced employee protections, and greater scrutiny of employment practices. For businesses, this means adapting…
Making plans for your future or for a loved one who has lost mental capacity can feel overwhelming and complex, but understanding your options can help provide you with some much-needed security. Lasting Power of Attorneys and Deputyship Orders are two such options. There are several crucial differences between a Lasting Power of Attorney (LPA)…
Ensuring your child’s educational, health and care needs are met is vitally important, but it can be a challenge. This is especially true when local authorities (LAs) fail to meet statutory deadlines or don’t deliver the Special Educational Provision (SEP) identified in a child’s or young person’s Education, Health and Care Plan (EHCP). Imelda Brennan,…
Thinking about the concept of death is something many of us avoid, which could potentially be one of the key reasons that more than half of people in the UK do not currently have a Will in place. Unfortunately, this means that many people die without a Will, which can cause very serious issues for…
One of the many topics we must ensure that we advise our client is how to apply to discharge a Care Order. Given the strict 26 weeks deadline for a care proceedings case to conclude, there is always a worry that parents may not have enough time to make the changes expected of them by…
Inheritance tax planning is an effective way to manage the tax that will be paid on your estate when it is passed onto your loved ones. Whether or not inheritance tax will be due in your estate depends on its value and the beneficiaries. As a starting point, the current threshold for inheritance tax (IHT) is…
For first time buyers, purchasing a property is an exciting milestone, but it can also feel overwhelming. Buying a house in Gloucestershire is a major investment, so finding the right one is essential. Instructing an experienced conveyancing solicitor can ensure your moving process is as seamless as possible and help prevent delays. In this article,…
Navigating the complex world of social services, parental rights, and family care can be an emotionally challenging venture. Section 20 of the Children Act 1989 in the UK is one such aspect that families might encounter during difficult times. It provides social services with a unique duty to accommodate and care for children. But what…
How has your first 6 months at Tayntons gone? My first 6 months at Taynton’s has flown by. My knowledge and confidence have grown significantly, and I have already learned a great deal of new things. I’ve increased my responsibilities where I can and learned something new every day. When I first started here in…
The sanctity of childbirth and the promise of a new life heralded into the world are moments of unparalleled emotion and significance. It’s into the corridors of maternity departments we entrust not just the hopeful future but the very fabric of our love, our dreams, and our legacies. Yet, sometimes, this hallowed ground, as an…
Unfortunately, redundancy and potentially settlement agreements are the only logical steps that can be taken when times are tough. A study issued by Acas in 2023 indicated that 3 in 10 employers were likely to make staff redundant over the course of the year, highlighting the difficulties many businesses are currently facing. It goes without…
Traditionally, January can be a very busy month when it comes to divorce and separation. In fact, the first Monday of January is often referred to as ‘Divorce Day’, with swathes of couples seeking a fresh start to the new year. But will that be the case again in 2024? Recent statistics from Legal and…
The winter season can present a variety of challenges. As has been well-documented, the NHS are annually put under increasing pressure as the nights grow longer and the temperature plummets. Though many people often avoid the subject, it is fundamental that you have the correct provisions in place for the future, particularly as winter takes…
The thought of losing our capacity to make decisions about our health and welfare, as well as our property and financial affairs, is not something that we like to dwell on. However, the reality is that it can happen at any time, due to illness, injury, or age-related degeneration. For this reason, it is essential…
The government has recently said it may be considering a ‘crackdown’ on sick notes for employees, in an effort to boost the economy. This would effectively involve GPs across the country being told to sign off fewer people from work on the basis of illness. In this article, we will cover: When do you need…
The QOCS rules have been fundamentally changed for all cases issued after 6 April 2023. These changes will affect claimants and the way they pursue their claims. “QOCS” stands for Qualified One-Way Cost Shifting, a legal term used in litigation. It’s a rule that limits the responsibility of a losing claimant in a lawsuit to…
When you’re running a business, a healthy working relationship with your contractors is essential. Unfortunately, disputes with contractors are common and they can cause ongoing disruption and downtime. When a dispute occurs, it is important to resolve them as quickly as possible, to reduce any negative impact on your business. In this article, we will…
An often-overlooked part of the divorce process are pensions. Pensions are among the most valuable assets someone can accumulate throughout their lifetime, yet they are often not considered up until divorce proceedings are launched. Inconveniently, dividing pensions frequently proves to be a complicated and cumbersome process. At Tayntons, we have seen the emotional toll that…
When a child is injured due to an alleged non accidental injury, parents can find themselves in the difficult position of having to face social services entering court proceedings. There are many questions that arise when this happens, such as how it works and what you should do if you find yourself in this situation….
If you own a leasehold property, you will be liable to pay various additional fees to the freeholder. This includes ground rents and service charges. What is ground rent and service charge? Ground rents and service charges can often form the basis of disagreements and disputes between leaseholders and freeholders, so it is important that…
If your company is owed money, and you are struggling to secure payments from your debtors, the experience can be stressful, quickly having an adverse effect on your finances, interfering with your productivity and day-to-day projects. Whilst many businesses understand that professional debt recovery processes are an option, for example, working with a specialist debt…
What happens when a father does not have the legal rights to contribute to their child’s life and growing up? What impact does this have? In England and Wales, fathers without parental responsibility face some restrictions with activities concerning their children. In this blog post, we will discuss the law on fathers without parental responsibility…
It’s been almost a year since the change to Divorce law, Dissolution, and Separation Act 2020 was passed in England and Wales, changing the landscape of the divorce process as of April 2022. With a shift from “fault-based” divorce to “no-fault” divorce, the legal system has become more compassionate towards separating couples. “Luke Stephens provided…
The legal age of marriage has been raised to 18 throughout England and Wales. This new law is designed to protect children from the damaging effects of forced marriage, which is when someone is made to marry against their will. This raise in the minimum age of marriage is a positive step towards protecting vulnerable…
How does remortgaging work? It’s a process that can help you reduce your monthly mortgage repayments and even release extra funds for things like home improvements. While it’s relatively simple, having expert legal support is essential to ensure your property and finances are protected throughout the process. In this article, we will cover: What is…
Service charges in Commercial Property for Landlords and Tenants are an essential issue to get right as they are one of the most common areas of dispute. They must be set at an appropriate level, each party must fully understand what they cover and there should be a clear process for resolving any problems that…
A settlement agreement is a legally binding agreement between employer and employee that sets out the terms on which they will end an employment contract. If you have been offered a settlement agreement by your employer, you are required by law to take independent advice on its terms, to ensure that you understand the implications…
If you and your child’s other parent are no longer living together, you will need to make arrangements for the Christmas period. Working out early on where your child will spend each day avoids last-minute stress and disputes that cannot be settled in time for the festive period. With family courts experiencing a backlog of…
If you and your child’s other parent have differing opinions over the best school for your child, you may need help in resolving the issue. At Tayntons Solicitors, our family law team regularly represent parents to deal with education issues. We know how important your child’s schooling is and we will provide the guidance and…
With widespread economic uncertainty and potentially difficult times ahead, commercial legal expert Jaron Crooknorth and disputes expert Alex Lyttle look at how to make sure your business is in the best possible shape to weather approaching storms. Jaron and Alex are both partners at Gloucester law firm Tayntons, where they head up the Commercial and…
Employees have a range of employment rights in respect of issues such as unfair dismissal, unpaid wages, notice pay and holiday pay. When a dispute arises, it can be crucial to define whether an individual is an employee or not. Many directors are also shareholders and work for the company. They split their earnings between…
Who can request an Education, Health and Care needs assessment? The child’s parent; The young person over the age of 16 but under the age of 25; and A person acting on behalf of a school or post-16 institution. Contact us At Tayntons we can advise you on the best course of action if you…
Can the child or young person start the placement agreed by the First-tier Tribunal or do they have to wait until they receive the decision of the Upper Tribunal? The LA should comply with a decision of the SEND Tribunal within certain timescales. Where the Tribunal has ordered the LA to amend a child’s EHC…
As an employer, you are required to consider an employee’s request for flexible working reasonably. If you want to decline the request, then you need to give a valid business reason for doing so. When dealing with a request, you should follow the ACAS Code of Practice. Receiving a flexible working request If an employee…
If you are thinking about making an employee redundant, it is vital to follow the correct procedure to avoid the risk of an Employment Tribunal Claim. This article takes a look at the steps you need to follow to comply with employment legislation if you are making up to 20 employees redundant. The redundancy process…
Right support, right place, right time The Department for Education in England published its plans in a Green Paper having carried out a review of the current SEND system and alternative provision. The SEND review was launched because the Government recognised growing frustration about the existing SEND system and to better understand children and…
When a child or young person with an EHC Plan intends to move to another local authority the child’s parent or the young person should inform their existing LA of the intended move and will also need to carry out research and visits to schools that may be able to meet the child or young…
The assessment must cover all the relevant education, health, and care needs of the child or young person. Where a LA undertakes an EHC needs assessment, it must seek the following advice and information on the needs of the child or young person, what provision may be required and the outcomes that are intended to…
The SEND Code of Practice: 0 – 25 years states that advice prepared should be clear, accessible and specific. Experts should provide advice about outcomes which are relevant for the child or young person’s age and phase of education and strategies to achieve them. The LA may provide guidance for experts as to how they…
A LA can cease to maintain an EHC Plan only if it decides that it is no longer necessary for the plan to be maintained or if the LA is no longer responsible for the child or young person e.g. where the young person moves to higher education. The LA may determine that it is…
The UK Trust Registration Service (TRS) is a new online platform which trustees should use to register trusts with HM Revenue & Customs. The service came into existence in 2017 and as from 1 September 2022, most trusts will need to be registered. HMRC have the discretion to share information with other authorities who may…
Where an appeal concerns a child under the age of 16 the appeal is brought by the child’s parents or person with parental responsibility and they will either self–fund bringing the appeal or may qualify for legal help (https://www.gov.uk/check-legal-aid) if the case satisfies the Legal Aid Agency’s merits test and they are financially eligible. Once…
There isn’t a specific age limit on when a child/young person can be issued with an EHC Plan. Children aged under two are likely to need special educational provision in accordance with an EHC plan where they have particularly complex needs affecting learning, development and health and require a high level of special educational provision…
It may be necessary for an EHC Plan to be issued where a child or young person has an acquired brain injury but it will depend on whether they have Special Educational Needs which require the local authority to deliver Special Educational Provision. It is, therefore, necessary to consider what is a Special Educational Need…
If you are planning on living with your partner but will not be married, you are advised to make sure that your interest in any shared property is protected. Unmarried individuals have far fewer rights than those who are married and there is a risk that, even if you contribute financially towards the purchase and…
The Special Educational Needs and Disability Regulations 2014, regulation 38(1) provides that:- ‘The following persons may attend the mediation – the parties to the mediation; any advocate or other supporter that the child’s parent or the young person wishes to attend the mediation; … (e) any other person, with the consent of all of the parties…
No. A parent or young person’s right of appeal is always exercised by challenging the educational aspects of an EHC Plan. Once the right of appeal has been established it is possible to pursue an extended appeal and to ask the Tribunal to make recommendations regarding the Health and Social Care needs and provision sections…
In most cases, a Local Authority provides home-to-school transport in respect of the school named in Section I of a child’s EHCP, on the basis that the named school is the nearest appropriate placement. Where transport is provided it must be “suitable” which may require the LA to arrange a taxi and possibly an escort. …
At Tayntons we are always looking for ways to make the conveyancing process easier, smoother, and more efficient for our clients and our Conveyancing App is one of the tools in our toolkit that enables us to do just that. Our app can be used to complete all of the initial documents, carry out our…
The LA must decide and notify a parent or a young person, within 4 weeks of the Annual Review meeting whether it proposes to: a) continue to maintain the EHC Plan as currently worded; b) amend the EHCP; or c) cease to maintain the EHC Plan [The Special Educational Needs and Disability Regulations 2014,…
To contact us please call 01452 522 047 or 03330 145451 or email info@tayntons.co.uk
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