Children to be heard in Court

In a recent speech Simon Hughes MP indicated that the Government will be moving to a regime whereby young people involved in public law (care proceedings) and private law (child arrangements) proceedings will have access to the Judge.

“Children and young people of 10 and over will therefore be given the chance to make clear their views in person or if preferred in another way”.

Mr Hughes also went further to suggest that the Government would work with mediation services to ensure that children have appropriate access to mediators in cases which affect them.

There is already provision in place for children to be represented in proceedings by a children’s Guardian, however the circumstances in which Guardian’s are appointed are limited.  If appointed by the Court the Guardian will represent the rights and interests of a child during a case.   The Guardian will, during the proceedings, prepare a report for the Court to advise on how best to safeguard the child’s interests which may not always correspond with the direct wishes of the child.

This planned move will give greater weight to the wishes of children in deciding where they should live and how often they should see each parent.

For older children whose parents are currently embroiled in difficult private law proceedings it may be seen as a welcomed opportunity for them to express their views and to have their wishes taken in to account. 

If you wish to discuss any issues relating to the care of your child please contact our team of experts.  Contact details can be found at www.gamlinslaw.co.uk. 

Is this the end of the Tenancy Agreement?

The Welsh Government issued a Consultation Document on Renting Homes in Wales this week which proposes to make rental agreements easier for both landlords and tenants.

If this comes in to force it will be the end of the ‘Tenancy Agreement’.  Going forward there will be two types of contract:-

1.        A ‘secure contract’ which will replace the secure tenancy agreements currently used by Local Authorities; and

2.       A ‘standard contract’ which will replace the current assured shorthold tenancy agreement.

Other than a change of name how will this affect you?

·         Contracts will consist of fundamental terms which cannot be removed from the contract.  This is in order to provide protection for both the landlord and tenants.

·         When the new Act is passed it is thought that it will provide that a written statement of occupation must be provided to the contract holder (currently known as ‘the tenant’) within two weeks of the effective date.  For each day the written statement is late the contract holder will not have to pay a day’s rent, up to a maximum of two months’ rent.

The current provision as to rent deposits will remain.  If a deposit is taken the landlord must lodge it with one of the Government Schemes within 30 days of receiving it and prescribed information must also be provided to the tenant/contract holder within 30 days of receipt of the deposit monies.

A failure to lodge the monies can result in a Court ordering the landlord to may three times the deposit monies to the tenant/contract holder and could delay a landlord from gaining possession of the property.

So are there any further changes planned?

Yes, there is currently a Bill before the Welsh Assembly for the implementation of Landlord Accreditation in Wales.  The scheme, which does already exist on a voluntary basis, recognises good landlords.  The scheme works by providing an accreditation to the landlord acknowledging their professional dealings.

To become accredited you must attend a development course which currently costs £75, if you book on line and £90 if you apply in writing.  The accreditation will last for five years however, each year you must carry out continued professional development activities, it being recommended that you obtain 12 points per year to continue with your accreditation. 

If the Bill is passed it will become mandatory for landlords to have the accreditation before renting a property out or alternatively, if an agent is used to rent the property it will be necessary to ensure that the managing agent has the necessary accreditation. 

So whilst there are no immediate changes it certainly appears that they are in the pipeline for the next 12 to 18 months.

Watch this space for updates later in the year on whether the changes will be brought in to effect.

Social services are not above the law

It has recently been reported that Anglesey County Council have come under fire from the Courts due to Social Services acting unlawfully and refusing to return a 9 year old child to the care of his mother.

Judge Gareth Jones, the Family Judge for North Wales, said that ‘Social services are not above the law and they, like everybody else, is subject to it’.

In this case the Mother voluntarily consented to the child being placed in foster care whilst she received medical treatment.  Upon her treatment ending it is reported that the Mother withdrew her consent to the continued placement of the child however, social services refused to return the child.

Once a parent withdraws their consent to a voluntary placement that child should either be returned to the care of their parent or the Local Authority should commence legal proceedings for an interim Care Order for the continued placement of the child.  In this case the Local Authority did not commence legal proceedings and by unlawfully withholding the child from the Mothers care breached both of their Human Rights.

I would anticipate that this case will serve as a wake up call for all Local Authorities and remind them that they must act within the law. 

Gamlins Law have offices throughout North Wales.  Visit our website at www.gamlinslaw.co.uk for contact details.  Or alternatively please email me on sian.williams@gamlins.co.uk

Changes to Divorce?

It has been reported that Sir James Munby, the Family Division President, has suggested that there may be a change to how divorces are administered in the future with no fault divorces being dealt with by a Registrar.

The suggestion by Sir James Munby is that it would only affect divorces by consent in which there were no claims over money and children were not involved.  The question that this raises is whether or not the system would be open to abuse, especially of vulnerable adults.

Divorce rates have increased dramatically over the years.  In 1950 there were just over 38,000 divorces in England and Wales whilst in 2010 this had increased to almost 120,000.  In making the process of divorce simpler are you taking away from the sanctity of marriage?

I think that there is a role for the Courts to play in divorce and in the other arrangements that follow on from the separation of a couple.  I agree that where ever possible parties should try to reach agreement in relation to financial and children matters however, the presence of the Court can impress upon the parties the seriousness of their decision and also bring formality to such matters as financial arrangements.

There are no clear plans to bring these changes in to effect in the immediate future and only time will tell as to whether these proposals will ever make their way in to our legislation. 

Gamlins Law have offices throughout North Wales.  Visit our website at www.gamlinslaw.co.uk for contact details or alternatively please email me on sian.williams@gamlins.co.uk

Note – All views expressed in this article are of the personal view of Sian Williams and are not necessarily shared by Gamlins Law.