Author Archives: AGR LAW

The UK has a wealth of commercial properties leased or rented for business purposes from landlords, including restaurants, pubs and bars, warehouses, salons, serviced offices, retail outlets and more.

In this blog, we talk about your responsibilities when leasing or renting commercial properties as a landlord or a tenant.

What’s the difference between leasing and renting a commercial property?

Commercial leases are typically longer-term arrangements lasting 12 months or more.

This arrangement offers both the landlord and the tenant more security than renting.

For the landlord, it means a more regular income and a reduced likelihood of the property becoming vacant, but it may be more difficult to alter terms and raise rent when required even if your contract has a rent review clause. It is also more difficult to evict problem tenants.

Commercial rental agreements typically last 30 days, automatically renewing at the end of each interval.

This arrangement offers both the landlord and tenant more flexibility than leasing but lacks stability for both parties.

Landlords are better able to evict troublesome tenants and change terms (including raising rents or asking a tenant to vacate the property) but, if a tenant gives notice, a property may lie vacant until another is found.

Both agreements outline the specific activities permitted within the premises, who is responsible for what, and your rights as a tenant or landlord.

Altering terms

• The terms of commercial leases can be altered within the lease agreement if both parties agree to it, or at the end of the lease period
• The terms of a rental agreement can be changed at the end a cycle before it rolls over if sufficient notice is given (usually 30 days) or when a new tenant is taking up occupancy

Any changes to terms need to be within the law.

What are landlords and tenants responsible for?

Although specific responsibilities vary greatly and can overlap, below we outline what each party may typically be responsible for.

As a landlord, you have a duty of care to ensure your property is safe for your tenant and those using the building, such as clients, customers, people making deliveries and employees of the tenant.

You are usually responsible for:

• The safety and maintenance of all fixtures owned by you such as heating, gas, plumbing and lighting systems. Fixtures are defined as all physical items that are permanently attached to the property, so would include a fitted kitchen but not a picture hung on the wall with a nail
• Communal areas, such as lobbies, stairs, carparks and corridors, or other facilities shared between several tenants
• Ensuring that properties have an Energy Performance Certificate (EPC) rating of E or above
• Structural repairs such as foundations, flooring, the roof and exterior walls

As a tenant, you are usually responsible for:

• Health and safety – carrying out risk assessments and controlling hazards
• Gas and electrical equipment safety – maintaining appliances installed by the landlord according to the manufacturer’s instructions and arranging safety inspections as appropriate. Tenants are usually fully responsible for any equipment they have had installed themselves
• Non-structural repairs, such as air conditioning or plumbing
• Keeping the property in good condition, including making minor repairs and ensuring gardens and outdoor areas are kept tidy

Tenants are also responsible for ensuring the working environment is safe. This could include providing:

• A reasonable temperature
• Adequate space, ventilation and lighting
• Toilets and washing facilities
• Drinking water
• Safe equipment

The management of asbestos can lie with the landlord or the tenant, but whoever is responsible will need to protect everyone in the building as per the Health and Safety Executive’s guidelines.

Fire safety requires one individual to be the ‘responsible person.’ This could be the landlord or the tenant depending on what is specified in the agreement and the duty of care could be shared. For example, the landlord may provide fire blankets and extinguishers, but the tenant may be responsible for ensuring they are accessible and safe to use. The landlord is always responsible for safety in communal areas.

Tenancy and the law

In England and Wales, there are two main laws covering tenancy and one covering workplace health and safety.

The Landlord and Tenants Act 1985 sets out rules regarding:

• Duration of tenancy and notice periods for contract termination
• The process for determining a fair rent
• Who is responsible for repairing and maintaining the property and fixtures
• The rights of the landlord to access the occupied property
• The landlords’ obligations, including the provision of essential services such as sanitation
• The tenants’ rights, including the right to a written tenancy agreement and protection against unfair eviction

The Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984 both govern liability for injury caused or damage done to persons or their property while on the premises, caused by the defective or dangerous condition of the premises:

• The 1957 Act generally relates to those who have lawful permission to be on the premises
• The Act was updated in 1984 to include unauthorised people, including trespassers, who did not have permission to access the premises

The Health and Safety at Work etc. Act 1974 sets out the general duty of care of:

• Employers towards employees and members of the public
• Employees to themselves and to each other
• Certain self-employed people towards themselves and others

The Code for Leasing Business Premises in England and Wales 2007

In addition, there is a code for leasing business premises which sets out best practice for commercial landlords and tenants. It is not legally binding but is authorised by some regularity bodies.

The code covers:

• Alterations and changes of use
• Assignment and subletting
• Insurance
• Lease negotiations, rent reviews, term lengths, renewal rights and break clauses
• Ongoing management and service charges
• Rent guarantees and deposits

How AGR Law can help commercial landlords and tenants

Commercial property law is complex with many variables. To protect your interests as a landlord or tenant, we strongly advise that agreements are outlined in a solicitor-written contract which is signed by both parties before the tenant takes up occupancy. This will ensure:

• Terms are negotiated to be fair, legally compliant and accurate
• Legal terminology is fully explained so you understand your rights and responsibilities
• All points will be covered to avoid disputes that could lead to lengthy, stressful and expensive court proceedings as well as disrupted business operations

Contact our team at hello@agrlaw.co.uk or call us on 0116 340 0094 if you need support with any matter relating to commercial property.

Unlike parents, grandparents have no automatic rights when it comes to matters concerning grandchildren under English and Welsh law.

This blog will help you understand your rights and what you can do to:

• Maintain or re-establish contact where it is lost through a Child Arrangements Order
• Ask the court to make a decision usually taken by those with parental responsibility through a Specific Issue Order
• Act to prevent a specific act by the parents through a Prohibited Steps Order

What is the first step we should take with any of the Orders?

In most cases, mediation must be attempted in the first instance unless neglect, abuse, exposure to harm or something of that nature has taken place.

Mediation is less damaging, quicker and cheaper than going through the courts. It involves all parties taking part in forward-thinking conversations with a neutral mediator to find a way forward.

If mediation is unsuccessful or an unsuitable option, you can consider applying to the courts for a Child Arrangements Order, Specific Issue Order or a Prohibited Steps Order.

Child Arrangements Orders

In the event of a dispute or family breakdown, we often hear that grandparents are prevented from seeing their grandchildren.

A Child Arrangements Order sets out how often and under what circumstances grandchildren can see you. Orders stipulate terms for in-person visits, telephone calls, messages or any other method of contact.

To apply for a Child Arrangements Order, you will need to get permission from the court.

The court will primarily consider the relationship the grandparents had with their grandchildren prior to contact being withdrawn, whether re-establishment will be beneficial to the children, and whether the children would be at risk if the Order were made. Permission to apply for a Child Arrangements Order should be granted if the court believes the application is in the child’s best interest.

What happens next?

• After the application is received, a date will be set for the first court hearing. During this hearing, the case will be discussed with both parties to attempt to reach an agreement
• If harm, neglect or abuse is alleged, the court will hold a second hearing to determine the veracity of the claims
• If an agreement has not been reached by this stage, the court will hold a further hearing and consider reports from social workers and other professionals
• A final hearing may be necessary to consider evidence from both sides

Specific Issue Order

A Specific Issue Order stipulates matters related to the child’s upbringing, such as where they go to school, what religion they should follow or what medical treatment they can receive.

Like a Child Arrangements Order, grandparents will need permission from the court to apply as they don’t have automatic parental responsibility. Applications will be considered in respect of the child’s best interests.

What happens next?

• After an application is approved, the first hearing will be scheduled within around six weeks
• If the first hearing does not reach an agreement, a second hearing will attempt to resolve disputes
• If agreement can’t be reached in the second hearing, a fact-finding hearing might be held prior to a final hearing, or the case may go straight to a third and final hearing depending on the circumstances and the evidence presented

Prohibited Steps Order

A Prohibited Steps Order prevents a particular action from happening without permission from the court, such as the child being moved permanently abroad. It can be temporary or permanent.

As is the case with a Child Arrangements Order or Specific Issue Order, grandparents will need to seek permission from the court to apply for a Prohibited Steps Order who will determine whether it’s in the child’s best interests to grant a hearing.

What happens next?

• Once the application is approved, a hearing will be scheduled where both sides present their case

What is the view of the court when issuing Orders?

Family courts will always put the emotional and psychological wellbeing of children at the forefront of decisions. Judges recognise that grandparents can play an important part in a child’s life and that valuable close bonds can be impacted if contact is lost.

Cases are looked at in accordance with a welfare checklist, as detailed in Section 1.3 of the Children Act 1989. This includes considering:

• The child’s wishes, according to their age and understanding
• Physical, emotional and educational needs
• The likely effects of any change of circumstances
• The child’s sex, background and relevant characteristics
• Any harm being suffered or risk of harm
• The child’s parents and their capabilities to meet their needs

The role of CAFCASS (Children and Family Court Advisory Support Service)

In England, CAFCASS independently represents the interests of children and young people in family courts, with officers advising the court about the welfare of children and what is in their best interests.

In most cases involving children, CAFCASS officers are involved from application to conclusion. They will:

• Carry out safeguarding and wellbeing checks at the early stages, typically prior to the first hearing
• Prepare reports and make recommendations to the court after speaking to both parties about any issues and making enquiries with relevant authorities, such as the child’s school, social services or their GP

A brief outline of guardianship

If both parents are deemed unfit or neither can care for the child, grandparents can apply for guardianship.

Orders include:

• Special Guardianship Order – where grandparents care for the child until they turn 18
• Child Arrangement Order – as outlined above, the court can decide that the child should live with grandparents
• Kinship foster care – where grandparents become official foster carers
• Adoption – this gives grandparents legal parental responsibility over the child instead of their birth parents who have automatic parental responsibility. Adoption is typically granted only in exceptional circumstances

AGR Law

Our team of family law experts can help with any issues surrounding grandparents’ rights.

For more information, contact us on hello@agrlaw.co.uk or call us on 0116 340 0094.

Wolverhampton-based supported housing provider found guilty of illegally evicting vulnerable tenant

Phoenix Supported Housing CIC were found by the Court to have illegally evicted a vulnerable tenant who fell into debt after not receiving promised support.

City of Wolverhampton Council prosecuted Phoenix Supported Housing CIC for failing to provide the tenant sufficient help with their financial, physical and mental health. The Council claimed these failures meant the tenant got into debt, leading to Phoenix illegally giving them 14 days to vacate the property and threatening to dispose of any possessions that were left behind.

Phoenix Supported Housing CIC’s former Managing Director, Kimberley Bethell, and current Director of Housing, Davinder Singh Chall, pleaded guilty to unlawful deprivation of occupation and engaging in a commercial practice which contravened the requirements under The Protection from Eviction Act 1977 and other statutory law.

Charges were also brought against Phoenix Supported Housing CIC, which was fined £10,000, and told to pay £15,000 towards the council’s legal costs.

The Court also felt that personal charges against the current and former Managing Directors were appropriate and thus Bethell and Chall received suspended prison sentences, with Bethell being ordered to complete 140 hours of unpaid work and Chall 25 rehabilitation days. Both were also ordered to pay the tenant £1,500 each.

Background to the case

The tenant moved into a flat operated by Phoenix Supported Housing CIC in August 2021 but, despite support options promised as part of their tenancy, help was not made available until March 2022. However, attempts were made to charge for it.

The Court heard that several other issues arose, including failure to issue tenancy documentation, not informing the tenant about council tax changes, entering the tenant into contracts with utility companies without their consent, and not informing the tenant of their legal rights.

The tenant asked the City of Wolverhampton Council for help, which prompted officers from Private Sector Housing and Trading Standards teams to investigate and the case being brought about.

The council have called the landlords’ actions shameful, citing that this is not an isolated case and that they are seeing concerning trends where landlords in the supported housing sector illegally evict tenants by failing to follow the correct procedures.

Laws covering tenancy

Bethell and Chall were prosecuted under The Protection from Eviction Act 1977 and the Consumer Protection from Unfair Trading Regulations 2008.  

The Protection from Eviction Act 1977 protects tenants from harassment and illegal eviction:

• Harassment is defined as acts likely to interfere with the peace and comfort of those living in the property, or persistent withdrawal of services that are reasonably required for the occupation of the premises
• Illegal eviction is defined as a landlord or another person depriving, or attempting to deprive, a residential occupier of their occupation of the property without following the correct legal process

Consumer Protection from Unfair Trading Regulations 2008 prohibits unfair trading practices by businesses with consumers. Specifically, they protect consumers from:

• Misleading actions and omissions
• Aggressive sales tactics
• Unfair practices

AGR Law – residential landlord and tenant services

At AGR Law, we’re passionate about supporting tenants who fall victim to unscrupulous landlords.

We urge all tenants to ask a qualified solicitor to review tenancy agreements prior to signing as this will be key should a dispute arise. Signing a contract makes it legally binding and indicates that you have accepted the terms of the agreement, so your rights and responsibilities should be understood before being agreed to.

Should there be a dispute between you and your landlord, such as your having paid a deposit but this not having been registered with a Government approved scheme within 30 day, or you are forced to live in a premises suffering from mould or wants of repair, or your landlord is threatening eviction without seeking a Court order, we can help you and assist you in litigation.

We aim to resolve disputes amicably, but we will strongly represent you in Court if it is necessary.

Contact us on hello@agrlaw.co.uk or 0116 340 0094 to find out more.

Domestic abuse charity Refuge says that two out of three of their refuge residents are children, and research indicates that 90% will have been in the same room or in a room next to where domestic violence has occurred. 62% will have been directly abused.

Even if a child is not the direct target of the abuse, witnessing it and seeing a loved one being harmed can intensify their feelings of insecurity and fear. This exposure can lead to severe trauma with long-lasting implications.

In addition, children who live in homes where domestic abuse occurs may not receive the care and support they need to develop properly from their parents or caregivers. This lack of support often results from the heavy burden of the abuse, particularly if the victim turns to drugs or alcohol as a coping mechanism.

Legally, any child who witnesses or experiences any form of domestic abuse, whether directly or indirectly, is considered to be subjected to child abuse.

What does this mean for a child’s mental health?

The development of a child’s brain can be influenced by positive and negative experiences at key stages, typically 0-5 and 12-25 years. Early experiences play a crucial role in a child’s learning, health and behaviour, and the harmful effects of damaging experiences can cause significant issues as the child matures. Feeling cared for and supported may reduce the harmful effects and promote healthy brain development, but a caregiver who is affected by domestic abuse may be physically and emotionally unable to provide this necessary support.

Development is affected by:

• Interacting – Babies interact with adults by mimicking them and making noises to convey feelings of hunger, illness or that they’re in need of affection. If adults fail to respond, development can be interrupted which has implications for later life
• Stress – Ongoing stress with no or inconsistent support can lead to life-long mental and physical health problems. Some stress can aid development, such as certain social situations or taking an exam, but exposure to domestic abuse can be damaging, especially where there is no support to lessen the affects and help the child to develop coping skills
• Attachment issues – Attachment theory is the name given to the vital bond between a child and their primary caregiver, especially from early infancy. If this is disrupted, the implications can be severe and wide ranging. The child may become aggressive, disconnected from other children and show no interest in playing with toys, fear a parent or become distressed when they are not there, even for a short time. As they get older, they may reject the caregiver’s attempts to connect with them and become unable to develop adult relationships

Recognising mental health problems in children

The psychological effects of domestic abuse can include:

• Aggressive, disruptive, bullying and challenging behaviour
• Anxiety, fear and depression
• Withdrawal and an inability to interact with others
• Mood swings
• Suicidal feelings
• An inability to form a bond with one of more parent or caregiver
• Declining performance at school and truancy
• Harming or threatening to harm pets
• Self-harming and eating disorders
• Difficulty sleeping, nightmares and bedwetting
• Vandalism
• Drug and alcohol abuse

Some signs of mental health issues might be dismissed as normal behaviour, such as young children having tantrums or a teenager being moody and withdrawn, so it’s important to recognise when there is an issue.

Talking to your child about their feelings

Children may feel too ashamed or afraid to talk about domestic abuse, or they might not be able to find the words to describe what they have witnessed or are going through. They may also feel it is normal for families to live like that if they have never known any different, or the abuser may have persuaded them that their situation is typical or that the abuse is their fault and talking about it will make things worse.

Some children bottle their feelings up as they fear they won’t be taken seriously so nobody will help them, or they won’t be believed or understood, so it’s important to approach conversations carefully.

Using language which is appropriate to their age and development is crucial when they’re ready to talk. A child will feel listened to if your language reflects theirs, for example they may say they feel nervous rather than anxious, so you need to do the same.

During conversations, try to:

• Explain why it’s important to have difficult conversations sometimes
• Validate their thoughts and opinions
• Go at their pace
• Not looked shocked, embarrassed or upset
• Admit when you don’t know the answer to a specific question and answer any you can as honestly as is appropriate
• Never promise that you will keep certain aspects they disclose a secret as they may tell you something which you need to report, such as the abuser’s behaviour towards them
• Remind them the abuse is never their fault or the fault of the victim
• Praise them for finding the courage to speak to you to encourage them to talk further. Tell them you love them
• Encourage them to mix with other people to avoid isolation
• Teach them to dial 999 if they’re in danger, but avoid burdening them with adult responsibility
• Remind them it is not their responsibility to protect you, and intervening may be dangerous
• Lead by example and show them you’re seeking help too

Get help to support your child when domestic abuse is occurring

If you or your child are in immediate danger, ring 999 and ask for the police. Domestic abuse is a crime and will be treated as such.

You can also contact the NSPCC on 0808 800 5000 or help@nspcc.org.uk for advice on supporting your child.

Help is also available from Refuge and their team of child support officers.

AGR Law

Our compassionate, experienced team are available to support all aspects of domestic abuse cases, including obtaining a non-molestation order to protect you and your family.

Domestic abuse victims are not required to pay a fee to the court to issue this injunction, and you may be eligible for Legal Aid if your income is low and your circumstances meet the qualification criteria.

Contact us on hello@agrlaw.co.uk or 0116 340 0094 to find out more.

For parents who are separated, Christmas can be emotionally challenging. This blog offers practical advice for co-parents to make the season enjoyable and stress-free.

Make plans for the festive period early

We recommend discussing and agreeing on plans with your former spouse or partner as early as possible. This will allow enough time for you to resolve any disputes (seeking legal advice if necessary), understand your responsibilities and plan accordingly. By doing so, you can relax and enjoy Christmas without any last-minute changes or challenges, unless unforeseen circumstances occur.

Try to come to an agreement that prioritises the needs of your child. This may require both of you to set aside your personal issues and find a level of compromise. Remember, this is a special time for your younger family members so the focus should be on them. Ask older children for their preferences to show them that their views are important, but avoid putting pressure on them by asking them to choose between you.

You and your ex naturally want to make the most of this time with your child, but remember they may get tired and overwhelmed, especially if they’re splitting their time between two homes, visiting two sets of grandparents and/or other relatives, having two Christmas dinners etc. It’s important to avoid tiring them out, as it could ruin their enjoyment with the other parent.

Avoiding counter-parenting

Counter-parenting is where one parent tries to compete for their child’s favour and increase their popularity over the other by trying to outdo them.

This could be by:

• Spoiling the child with lavish gifts or activities over the agreed spending limit
• Allowing the child unlimited access to unhealthy food when you have agreed with the other parent to disallow it
• Letting the child stay up late when you have agreed to a routine bedtime
• Allowing them to watch films or TV shows that you have agreed are unsuitable for their age or disposition

If both of you adhere to your agreement, counter-parenting will be avoided.

What do you need to plan?

• Arrangements for each day. You are both likely to want to have the child on Christmas Day, so compromise will be needed if you can’t host the day together as a family. Explore options such as having two Christmas Days, alternate each year so you each get to spend the most important days with your child or, if travel and distance permits, have the child for half of Christmas Day each
• What gifts to get: decide how much you’re each going to spend and who is getting what to avoid repetition. Also, agree what not to get. Buying a child a noisy or large toy, such as a drum set, with the expectation that it will be kept at the other parent’s house may cause arguments
• When the child is seeing family and friends
• Changeover: times and places that the child will be dropped off and picked up
• Any trips or holidays that means one of the parents will be unable to see the child

Introducing your child to a new girl or boyfriend

Christmas is a time to spend with loved ones, so if you’re introducing your child to a new partner, it’s advisable to:

• Let your ex-partner or spouse know to avoid any awkwardness or unpleasant surprises. Discuss the best way to approach the introduction to support your child to adjust. In some circumstances, introducing your new partner to your ex before they meet the children is wise to provide reassurance
• Make sure you’re certain about the longevity of the relationship. Children will get upset and confused if they’re introduced to multiple people
• If you can, tell your children together to help them to process the change and show that you are still united as a family
• Spend time alone with your child to help prevent them feeling that your new relationship threatens the one you have with them
• Take your time and don’t rush into blending your family this way. You will only get one chance, and you need to work together to make it as positive as possible for your child

Things to remember when planning Christmas:

• Try to communicate cooperatively and openly. Talking face to face might be easier if that’s possible, but note the finalised plan down or arrange it via text or email if you feel you need it in writing to hold your ex responsible
• Wider family may want to see you and your child over Christmas but try not to let them pressure you. It may be impossible to please everyone. Perhaps you could see them another time when you’re less busy, or combine their visits so you host a larger group and celebrate Christmas all together
• Try to focus on having a good time and creating new memories and traditions rather than what Christmas used to be like
• Take care of yourself when your children aren’t with you. It’s natural to feel emotional if the senses of loss, anxiety and loneliness are heightened. Make plans to keep yourself occupied or embrace the quieter time by watching a film or reading a book. Your child may be concerned about leaving you to spend time with the other parent, so try your best to reassure them you’ll be OK

The legal situation

Contact us if you need help to resolve a dispute about child contact, your ex has broken (or is threatening to break) a court order, or if you need guidance on parental rights.

You can email us on hello@agrlaw.co.uk or phone 0116 340 0094 to speak to a member of our experienced team.

 

What is parental responsibility?

Outlined in the Children Act 1989, which you can read more about here, parental responsibility is defined as:

“All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.”

To summarise, parental responsibility refers to the legal rights and duties that require and enable parents to make appropriate decisions about their child’s upbringing.

It includes making a parent responsible for their child’s:

• Schooling and education
• Welfare
• Discipline
• Medical treatment
• Religion
• Name – choosing, registering or changing
• Living arrangements
• Travel abroad – holidays or relocation

Who has parental responsibility?

Parental responsibility varies greatly depending on the couple’s circumstances.

All birth mothers automatically have parental responsibility.

With unmarried parents or those who are not in a civil partnership, the father of a child only has automatic parental responsibility if they are named on the birth certificate.

Fathers who do not have automatic parental responsibility can get it by jointly registering the child’s birth or being named on a legally binding parental responsibility agreement. The court can also award parental responsibility via a parental responsibility order, a residence order (if before 22 April 2014) or being named as the resident parent on a child arrangements order.

Same-sex couples who are married or in a civil partnership have parental responsibility if they were a couple in the eyes of the law at the time of receiving fertility treatment or donor insemination. If you were not in a civil partnership or marriage at this time, the second parent can apply for parental responsibility.

Stepfathers, stepmothers, grandparents, family members and carers do not have automatic parental responsibility, but:

• Stepparents can gain parental responsibility through a parental responsibility agreement, applying for a parental responsibility order from the court or adopting the child
• Others can gain parental responsibility by getting a child arrangements order, being appointed as a guardian or special guardian, or adopting the child

Does a parent without parental responsibility have to pay maintenance?

In law, parental responsibility and child maintenance are treated separately. Regardless of their relationship with the child or their mother, a father with or without parental responsibility must support his child. He also has the right to apply for court orders (as outlined above) and apply for reasonable contact with his child if they have entered the care system.

What happens if parents can’t agree on important matters?

Major decisions regarding a child, such as changing their name, moving abroad or putting them up for adoption, must be agreed upon in writing by all those with parental responsibility.

If disagreements occur, we recommend family mediation. This is where future-focussed conversations are facilitated by a neutral party and the parents are encouraged to consider the best interests of the child. Mediation may be held separately, together or be a combination of both.

If an amicable decision cannot be reached, either parent, with or without parental responsibility, can apply to the court for:

• A prohibited steps order which stops the other person from making decisions about the child
• A specific issue order for a particular dispute, such as the child’s school or religion

A court order means a judge makes the decision for the parents based on what they consider to be the best course of action for the child.

Parental responsibility for separated couples

Where a relationship breaks down and only the mother has parental responsibility, she automatically has the right for the child to remain with her. The father or the partner of either parent has no rights without a parental agreement (where married) or court order.

If you apply for a court order, you will need to prove that you are committed to the child, that a degree of attachment exists between you, and that the application is in the best interests of the child.

How long does a parent legally have parental responsibility?

Parents have parental responsibility until the child reaches the age of 18, is adopted, or if a court order prohibits it.

How can AGR Law help?

Our experienced team supports parents in all matters relating to parental responsibility, including prohibited steps orders, specific issue orders, adoption, guardianship, name changes and more.

Email us on hello@agrlaw.co.uk or call 0116 340 0094 to find out more.

What is covered by Children Law?

Children Law is a significant area of the legal system covering:

• Child custody, arrangements and access
• Surrogacy and adoption
• Care and maintenance
• Child welfare, protection and safeguarding
• Orders pertaining to important aspects of a child’s life such as care, education and religion
• Children’s rights, including the right to education, a safe home, appropriate employment and support if they need to leave home

These laws aim to ensure a child is safe, well and cared for, and that their rights are protected.

How is a child legally defined?

In England, a child is defined as anyone who has not yet reached their 18^th birthday, even if they are over 16 and living independently, in further education, in the armed forces, being treated in hospital or in the justice system.

Important Children Law Acts

The subject of Children Law is vast, so this blog outlines some of the main Acts and what the laws mean to children.

Children Act 1989

This Act defines how children should be kept safe and protected from harm. It forms the basis of children’s services’ duties and responsibilities, specifically identifying children in need, supporting their family to bring them up safely (if their welfare is not compromised by remaining in the family home) and taking the correct action if they consider a child to be suffering, or likely to suffer, significant harm.

It defines parental responsibility and the court orders that children’s services and families can apply for.

Key principles include:

• The welfare of the child
• That a child should be cared for by their family where possible
• The need for children’s services and the court to take the wishes and feelings of the child into account
• Intervention where necessary and supporting, not undermining, the parent who should be helped to remain closely involved in their child’s life unless the child is at risk of harm
• Preventing delays to court proceedings in cases involving a child
• Finding a suitable placement with kinship carers, such as a relative or friend, if a child cannot remain living with their parent(s)

Children Act 2004

This Act expands on the Children Act 1989. It outlines how local authorities should work with other agencies, such as the police and youth offending teams, to promote safety and wellbeing through an integrated approach to the planning, commissioning and delivery of children’s services.

It requires local and national authorities to provide strong leadership by appointing accountable people, including a Children’s Commissioner and directors and lead members of children’s services. It also required local authorities to set up safeguarding boards.

It provides the legal basis for how issues relating to children should be dealt with by agencies and underpins the UK government’s ‘Every Child Matters: Change for Children’ initiative.

The Act’s key values:

• Ensuring children are healthy, happy and leading an enjoyable life
• Ensuring children are safe
• Supporting children to succeed
• Helping to achieve economic stability for a child’s future
• Making a positive contribution to a child’s life

Children and Social Work Act 2017

This Act amends both of the above and defines improvements to the support of looked after children and care leavers, promotes the welfare and safeguarding of children, and establishes provisions for social workers via a new regulatory regime.

Key provisions include:

• Local authorities are known as ‘corporate parents’ to looked after children and care leavers, and this Act outlines seven corporate parenting principles
• The requirement for local authorities to publish a ‘local offer’ for care leavers setting out the services available to them to help them prepare for adulthood and independence, including a personal advisor if they’re under 25
• Requiring any court making decisions about long-term placements for children to consider the impact (or likelihood of) any harm to the child, and how their current and future needs will be met
• Adding prospective adopters (with whom a child has been placed) to the list the court will consider when deciding about adopters
• Removing the local safeguarding children board and employing the local authority, a clinical commissioning group and the police as key safeguarding partners to decide locally how best to work together to improve safeguarding

Children Law and us

We understand that the breakdown of a family is a difficult time for everyone involved. Our children-first approach puts the needs of younger family members at the centre of cases. By encouraging families seeking support with legal matters to put the interests of any children first, we endeavour to find the best outcome for them.

We can support you with:

• Child arrangements
• Childcare cases
• Prohibited steps orders
• Specific issue orders
• Change of name
• Parental responsibility
• Special guardianship
• Adoption
• Child maintenance
• Childcare proceedings for public law children matters

Get in touch with us via email to hello@agrlaw.co.uk or 0116 340 0094. We are able to provide Legal Aid or litigation loans to those eligible.

If you suspect or know that a child is in immediate danger, please ring 999 and speak to the police. If you believe a child may be at risk of being in danger, but is not in immediate danger, you can ring 101 or report it to the NSPCC

Following on from her role as President of Leicestershire Law Society (2022-2023), Gina Samuel-Richards has, as of 6^th April 2024, been appointed as the Under Sheriff of Leicestershire. Gina takes on the role after Helen Johnson steps down after seven years in the role.

The Under Sheriff provides continuity and consistency to the Shrievalty, giving valuable advice to the High Sheriff in the protocols of court and ceremonial matters, as well as advice on governance.

The Under Sheriff is the liaison between the Shrievalty and the other institutions involved in the field of Law and Order.