Heptonstalls Solicitors

The thought of someone taking your children away is frightening and distressing for anyone, even if the people involved are doing it because they think it is best for the children.

Taking children away should be the last step the council takes to make sure they are safe and well cared for.  If the council is concerned about about a child’s welfare it must look closely at the child’s situation.  It should normally offer help to the family and find ways of keeping the child safe. The family should be involved in the decisions made about a child.

Some of the ways the council can help is to offer a family group conference , this is a meeting between the council usually a social worker and members of the child’s family, who can suggest plans for keeping the child safe and well cared for.  Professionals such as social workers, police, and doctors only join in for part of the conference.

If the council has lots of concerns relating to a child then it may make arrangements for a Child Protection Conference, this is a meeting arranged by the council to decide whether it needs to make a Child protection plan for the child.  As part of this plan the council may offer help in looking after the child.

This meeting will include people and organisations that are involved with the child such as doctors, social workers, health visitors and schools.  Families who are worried about attending the meeting can take a friend or a solicitor who specialises in this area with them.

The last resort from the council should all the meetings break down is care proceedings.  The council can apply to the courts for a Care order.  Should the council start proceedings, then unless it is a real emergency the family will receive a letter advising that it is the councils intention to do this.  Anyone who receives a letter such as this must seek specialised legal advice.

That’s where Heptonstalls can help. They have, for many years, helped clients through these difficult times offering legal advice and support.

Solcitors can attend the child protection conferences with you and kept you fully advised at all stages, whether working with the local authority and or Care Proceedings.

For more information call Karen Logan on 01405 765661.

Did you know that at the end of December 2009 the temporary stamp duty land tax threshold of £175,000.00 comes to an end and the previous threshold of £125,000.00 is restored.

This means that for anyone buying a property where the price falls between £125,000.01 and £175,000.00 and completion takes place after 31 December 2009 1% stamp duty land tax will be payable. An additional expense we are sure you could do without.

For more information speak to Mike Fish on 01405 765661 or Jenny Wilson 0n 01430 430209

Julia Lock, Commercial Solicitor

Limited Liability Partnerships (“LLPs”) arrived upon the English legal scene in 2001 and provide an alternative business structure lying midway between the two long-established forms of business association, namely the traditional limited company and the traditional partnership.

An LLP is a corporate entity with its own legal personality separate from that of its members and with its own rights and liabilities distinct from those of its members.

A traditional partnership in English law has no separate legal personality from its partners but is simply a group of persons bound by agreement to each other. Partners of a traditional partnership act as agents of all of the partners and as a result each partner is jointly and severally liable for the obligations and actions of any of them.

An LLP on the other hand serves to protect individual members from personal liability for the acts of another member carried out in the course of the business. It may also serve to protect an individual from personal liability for his own acts carried out in the course of the business.

An LLP differs from the traditional company limited by shares in its ability to have a decision making and profit-sharing structure written uniquely for its business. Another key point is that the profits of an LLP are treated in the same way as a traditional partnership meaning that the taxation rules which apply to the individual members of the LLP will be applied to their share in the profits of the LLP. This is often an advantage over a traditional limited company when individuals or companies which are subject to different taxation regimes wish to enter into a joint venture.

For further information on the above and any other company or partnership matter please contact Julia Lock on 01405 765661

We are currently seeing an increase in accidents involving uninsured drivers, and those in which the person responsible is untraceable. If you find yourself in these circumstances, all is not lost.

The Motor Insurers’ Bureau provides compensation for those injured in road traffic accidents including uninsured or untraced drivers. The Bureau covers damage to property and also personal injury claims.

It is vital to ensure that any road traffic accident is reported to the police immediately, or where this is not possible, as soon as it is reasonably practical. Once you have reported the accident to the police make sure you obtain a written report stating the crime number. Try to obtain insurance information from the other driver and if this is not possible make a formal complaint to the police.

If you are intending to make a claim following an accident involving an uninsured or untraced driver, it is best to contact a solicitor as soon as possible because there can be strict time limits for these types of claim, ranging from just nine months to three years from the date of the accident.

Heptonstalls offer free advice about whether an application should be made to the Motor Insurers Bureau and No Win No Fee agreements can be offered.

If you have been affected then it is best seek advice from a solicitor as soon as possible.

To find out more speak to Helen Russell or Nazily Khan at Heptonstalls on free phone 0800 387 077.

 It is often the case that people prepare their Wills with a great deal of care and attention, making sure that everything will be left correctly and leaving matters as neat as possible for their loved ones. Sadly though that is often where the matter ends and many people do not review their Wills as regularly as they should.

Sometimes, an out of date Will can create more problems for the people dealing with your estate than no Will at all would have done.

For example, where a named beneficiary has gone missing or you have lost contact with them, your estate can spend a lot of time and money trying to trace them.

If Inheritance Tax is a concern, the rules in relation to this may have changed considerably since you made your Will.

Also, many people leave their house to a particular person/people in their will. However, the house may need to be sold later in life to pay for nursing home fees. This means that the gift fails, and the chosen person would get very little (if anything at all). It may also have the effect of increasing the gift to whoever would be entitled to the remaining assets left in the Will.

Similarly, people will often leave a cash sum to certain people or charities in their Will with the majority of their estate going to their chosen beneficiaries. If the size of their estate has shrunk then the cash sum(s) will still be paid first, meaning that those people are taking a far greater proportion of that person’s estate than they originally intended. The ‘main’ beneficiaries could end up getting very little, if indeed anything at all.

Where circumstances have changed since first writing your Will, it is important that you review its contents with your solicitor.

For more information contact Jeff Leighton or Sarah Spencer at Heptonstalls on 01405 765661

There’s help available.

Domestic Violence affects a variety of people in different ways. Both men and women can be victims of violence within the home and it is not something that you should be embarrassed about or ignore. Regardless of age, gender, race or sexual preference domestic violence may be affecting your life.

Many people are under the misconception that domestic violence only occurs at a physical level, when in fact it can be any incident of threatening behaviour. It can be incidents of violence or a pattern of abusive and controlling behaviour. The perpetrator is often trying to exert his or her power.

The Protection of the Court is available to those who are affected by domestic violence. This can be ascertained with an application to the Court for a Non-Molestation or Occupation Order often referred to as an injunction. An injunction is an Order from the Court to do or not to do something. In some situations this can include not to go near a person, not to threaten a person or to leave the home in which you share. This can be done on an emergency basis without telling the perpetrator -this will minimise the risk of any further violence. The local Police station is made aware of any Orders in place and should a breach occur the Police will act immediately to arrest the perpetrator. If children are involved Orders can also be made with regards to their security, for example a Residence Order in your favour which will result in the children staying in your care to avoid any situations of violence.

Heptonstalls are able to assist in your application to the Court; prepare your application and attend at the Court with you. It can be a frightening and daunting experience and that is why you need to speak to an experienced professional who appreciates the need to maintain your safety and that of family members.The firmcan also put you in touch with organisations that can help with housing and associated needs.

If you are or know a victim of domestic violence you can call Heptonstalls in confidence on 01405 765661.

Very often married couples separate amicably and do not wish to divorce. It is for this reason that separation agreements have become so popular. If you have separated and do not wish to go through the added expense of a divorce, you may wish to think about entering into a separation agreement.

A separation Agreement is a contract between a married couple who have separated, or for civil partners, whose relationship has broken down. It can be a legally binding document suitable for both a temporary or permanent separation.

A separation agreement allows the parties to put down in writing the things that they agree to and will adhere to, throughout their separation. If you decide to later divorce, this document can be used to finalise matters including the financial aspects of the divorce upon approval by the Court.

An agreement is often a more financially viable alternative to a divorce because the whole process can be completed in a matter of weeks rather than months. Once the parties have reached an agreement as to what they wish to do with regards to their assets, a solicitor can draw up the document which is signed by both parties.

One of the benefits of an agreement like this is that you can include as many provisions as you feel appropriate. This can include financial matters for example, what will happen to any matrimonial assets including property, shares or savings? Further provisions can include maintenance payments.

In addition to financial matters a separation agreement can clarify any agreement made in relation to children, this can include who the children will live with on a full time basis, and issues relating to contact for the non resident parent. One of the benefits is the versatility of this process, any points can be clarified and included, or altered by agreement at a later date.

Many couples find entering into a separation agreement much less stressful than the divorce proceedings through the court. It is also considerably quicker and cheaper than a divorce.

For more information regarding separation agreements contact Karen Logan at Heptonstalls on 01405 765661.

Many fathers, step parents and grandparents look after family children on a regular basis, either whilst the mother is at work, or perhaps when the mother is away on holiday.

What happens if the child suffers an injury or becomes ill whilst in the care of relations?

Relatives, including fathers often assume that they will be able to make decisions regarding the welfare of a child in the mothers’ absence. However this is not always the case. Only a person who has parental responsibility for the child can make these decisions, such as discussing schooling issues with the child’s teachers, through to making important medical decisions.

The mother of the child is the only person who automatically has Parental Responsibility. Fathers with children born before 1^st December 2003 do not automatically have it (even if they are named on the birth certificate) unless they are married to the mother. For children born after 1^st December 2003 the father will automatically have Parental Responsibility rights if he is named on the birth certificate, whether married to the mother or not.

A mother can ‘Delegate’ Parental Responsibility to those who play a part in caring for the child. This could include fathers, step parents, grandparents and close family friends who have a long term stable relationship with the child. Allowing Delegated Parental Responsibility means that the mother can feel assured that there are people who are able to take important decisions regarding the child’s welfare on the rare occasion, that an accident or illness should occur in her absence.

Setting up Delegated Parental Responsibility is a simple procedure, whereby a document is signed and witnessed at a Solicitors office. It can also be easily cancelled at any time.

Heptonstalls LLP Solicitors offer specialist advice regarding Delegated Parental Responsibility. For more information call 01405 765661.