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Mandatory Vaccinations to be Extended

Currently, COVID-19 vaccinations are only mandatory, as a matter of law, for those working in care homes. However, this is set to change from 1 April 2022, when the mandatory vaccination requirement is scheduled to be extended to those working in "any other regulated activity" outside a care home. The regulated activities include, but are not limited to, nursing and personal care, and most forms of health care including medical treatment, surgery, diagnostic services, ambulance services, midwifery and dentistry.

Whilst the Health Secretary, Sajid Javid, commented on 25 January that the government is “reflecting” on this policy in wake of the Omicron variant, as things stand, any individual whose employment in a regulated activity, and who does not fall within one of the exemptions, must have had their first vaccine by 3 February 2022 to ensure the continuation of their employment.

There are to be a number of exemptions to when this vaccination requirement will apply, including where the person is under 18, is clinically exempt, has no face-to-face contact with service users, or where the regulated activity is part of a "shared lives agreement". It is expected that there will be similar exemptions applicable in relation to clinical trials and new employees who have only received one dose of vaccine.

Given the timescale, employers need to act quickly to inform their employees that they must have their first COVID-19 vaccination by 3 February 2022 and if they do not, this will trigger the start of a process which may lead to their dismissal on 31 March 2022, in order that the employer can comply with the law. Following this, employers need to consider which members of staff will be affected by the new law, whether a termination exercise is necessary and whether redeployment is possible in the event the employee is not willing to be vaccinated. Employers should consider having internal processes in place to allow for transparency and consistency. This is likely to be in the form of vaccination policies in which employers outline their stance on COVID-19 vaccinations and help to encourage vaccinations amongst their staff.

One point for employers to consider is how to advertise jobs moving forward. Where mandatory vaccination is required for a job, job adverts can specify this, however, employers will need to be careful with the wording of such adverts to ensure that they do not exclude those who are exempt from vaccination.

If you require any clarification on any of the above or if you wish to discuss this in more detail, please contact our Employment Team to arrange an appointment.

Denying, Alternatively Preserving, your Children's Inheritance

Unlike most other countries a Testator resident in England or Wales can make a Will leaving their estate after their death to whomever he or she wants, and exclude anyone who he or she doesn’t want to benefit from their lifetime assets. This exclusion can even include their children for no better reason, as one Judge observed, “to gratify one’s spite”.

The severity of the outcome for a disinherited beneficiary, especially young children or those who had been financially dependent on the deceased, was recognised by Parliament, resulting in the 1975 Inheritance (Provision for Family and Dependents) Act. In times of the gradual liberation of divorce laws during the 20th Century, the Act was intended to help protect the close financial dependents of someone who had died (perhaps in a second marriage) and prevent, for example, a step-parent inheriting the whole estate leaving the children by the deceased’s first marriage at best impoverished, or at worse destitute.

The Act does not re-write the deceased’s Will but allows an applicant to apply for “reasonable financial provision” taking into account:

• the needs and resources of those involved;

• the responsibilities and obligations held by the deceased towards the applicant or others who may claim a valid entitlement to the estate;

• the size of the estate;

• whether anyone involved is disabled;

• any other matter the Court considers relevant, including the conduct of those involved (including the Testator).

To what extent though can the benefit of the provisions of the Act be claimed by the deceased’s adult children who, having left home and forged their own way in life, may nonetheless be expectant of an inheritance from their deceased parent?

Although all cases are different, the claim by Heather Ilott lott against her late mother’s estate, illustrates how the Courts themselves can interpret the provisions of the Act and the difficulties faced by any adult child in pursuing such a course.

Heather Ilott was her widowed mother’s only child, who left home at the age of 17 to be with her lover, whom she later married. Mother did not approve of the union and disowned her daughter. There were several attempts at reconciliation (after the successive births of grandchildren), but none were successful and all ended in bitter recrimination.

At the time of mother’s death in 2004 Heather (now in her 50s) had five children but no pension and was dependent on state benefits. Her mother had left her estate, worth almost £500,000, to three animal charities.

At the first County Court hearing of her claim, Heather was awarded £50,000 from the estate, seemingly because the Judge found mother’s conduct “unreasonable, capricious and harsh”. Heather appealed and was rewarded by the Court of Appeal with an increased award of £163,000 to enable her to purchase her council house under the “reasonable provision” principles of the Act.

On Appeal to the Supreme Court by the charity beneficiaries in 2017 the Court of Appeal decision was overruled and the initial award of £50,000 reinstated. So after 13 years of litigation, with a large proportion of the estate consumed by the legal costs of three separate Court actions, was justice done or seen to be done? Lawyers’ opinions are divided. Some say that even the reinstated award of £50,000 was wrong and motivated more by the desire to spare the state the cost of state benefits paid to a potential beneficiary of a comparatively wealthy estate, rather than any proper legal interpretation of the Act itself (Heather was not “dependent” on her mother at the time of her mother’s death). Others say the decisions show an inclination by the judiciary to impose a “forced inheritance” on family members who, in line with other EU jurisdictions, would normally receive a statutory entitlement to a share of their deceased parent’s estate.

What can be said, however, is that any claim by a financially independent adult child (whether in receipt of state benefits or not) under the Act, remains fraught with difficulty and uncertainty. An unsuccessful claim will cost punitive sums of money and achieve nothing except more bitterness.

In practice, instances of a parent wishing to disinherit their children are rare. The more common instructions are those where the spouse, or spouses, of second marriages wish to preserve the inheritance of their children by their first marriage (and avoid their disinheritance by the surviving spouse). There are several ways a Will can be written to safeguard this objective, thereby avoiding the need to even consider a claim under the Act. A Will of this sort however is not one for the layman, and proper legal advice is imperative.

Cervical Cancer Awareness Month and Changes to Smear Tests: What does it mean?

January marks Cervical Cancer Awareness month of the purpose of which is to spread awareness of cervical health and educating individuals of risks or symptoms they should be aware of. According to Cancer Research, there were approximately 3,200 new cases of cervical cancer each year with 99.8% of estimated to have been preventable.

This year’s Cervical Cancer Awareness month has coincided with the recent announcement by the Welsh Government that women and people with a cervix will now receive their cervical screening every five years rather than every three years in Wales. The extension to the cervical screening interval was introduced on 1 January 2022. As a result, it has never been more important to discuss cervical cancer and the purpose of smear tests.

What is Cervical Cancer?

Cervical cancer is a cancer which is found anywhere in the opening between the vagina and the womb, otherwise known as the cervix. Nearly all cervical cancers are caused by an infection from certain types of ‘Human Papillomavirus’ (HPV) with one preventable measure of developing cervical cancer being to attend regular smear tests to screen for this virus and for abnormal cells.

There are more than 100 different types of HPV and only certain types will cause cervical cancer. One purpose of the smear test is to determine whether a high risk HPV is present within the cervix of an individual.

What is a ‘Smear Test’?

A smear test, otherwise known as cervical screening, is a procedure used to prevent cervical cancer. Women and people with a cervix aged between 25 to 64 are invited to attend for a screening and a sample of cells is taken from their cervix. The cells are then checked for high risk HPV, which can cause changes to the cells of the cervix and consequently develop into cancer.

In England, women and people with a cervix aged 25 to 49 are invited to attend their cervical screening every three years, whilst those aged 50 to 64 will be invited every five years.

In Wales from 1 January 2022, women and people with a cervix aged between 25 to 49 will be invited to attend their smear test in five years’ time following a smear test where HPV was not found. The process for those aged 50 to 64 remains unchanged.

The reason for this change is Public Health Wales indicated that recent evidence has shown that it was safe to extend this timeframe in individuals where HPV was not identified during their screening.

Petition

Following the announcement, a petition was launched to revert screenings every three years opposed to five years due to fears of further deaths from cervical cancer. This petition currently has over 900,000 signatures at time of writing.

Public Health Wales responded to the backlash following the announcement by acknowledging that they had not done enough to explain the reasons for the change to cervical screening. They stated that they are working to make the reasons for the change clearer, and to provide further information.

Cancer Research UK also confirmed that the change in cervical screenings was based on evidence and not related with cost-saving purposes.

What are the signs and symptoms of Cervical Cancer?

The signs and symptoms of cervical cancer include:

  • Vaginal bleeding that is unusual for you
  • Changes to your vaginal discharge
  • Pain during sexual intercourse
  • Pain in your lower abdomen, between your hip bones, or in your lower stomach

For further information, please visit the NHS website below.

Symptoms of cervical cancer - NHS (www.nhs.uk)

Treatment for Cervical Cancer

Treatment for cervical cancer will vary and depend upon where in the cervix the cancer is, its size or stage and whether it has spread to anywhere else.

Usually, treatment will include surgery such as a hysterectomy or a combination of chemotherapy and radiotherapy.

According to Cancer Research, more than 60% of individuals will survive their cancer for five or more years after diagnosis, with earlier diagnosis being key to survival rates.

At Lanyon Bowdler, we understand and appreciate the difficulty our clients have in coming to terms with a cancer diagnosis, particularly when there may be concerns in relation to the standard of care that they have received. If you consider that your care has been affected by a delay in diagnosis, our team is happy to discuss your treatment with you and guide you through the process.

Podcast

In the summer of 2020 Beth Heath and Katherine Jones recorded an episode of The Legal Lounge where they spoke about the delay in diagnosis on cancer using two fictitious but typical case studies, one relates to cervical cancer, you can listen here: https://apple.co/38Opw4Y

References:

Cervical cancer statistics | Cancer Research UK

Cancer: Cervical screening in Wales to be every five years - BBC News

Mistaken Filings at Companies House

Forgetting to file a form on time, including the wrong number in your calculations or simply misspelling a company’s name. We have all been there and we have all, at one time or another, experienced that sinking sensation the moment we realise we’ve made a mistake.

It’s not how we make mistakes, it’s how we correct them that’s most important. That’s why the Registrar of Companies has the power to amend or clarify its register in certain circumstances.

Companies House Register Rectification

A vital role of Companies House is to register company information and make it available to the public. This register must be as complete and accurate as possible.

Informally amending a mortgage or charge

Companies House can informally correct forms relating to the registration of a mortgage or charge which contain incomplete or internally inconsistent material. This option is only available to correct specific information. Companies can sign up to this option by downloading and completing an informal correction notice of consent from the Companies House website which names a point of contact who Companies House will contact in the event the documents submitted are incomplete or internally inconsistent.

Replacing a document

Companies House also allows you to correct inaccuracies made on certain documentation by filing a second filing of the relevant form online and using Form RP04. The majority of forms can be re-filed and a list of the applicable forms are available at https://www.gov.uk/government/publications/file-a-second-filing-of-a-document-previously-delivered-rp04. However, please note that the original incorrect form will remain on the register and cannot be removed. The only way to remove the incorrect form is via a court order or by application to the Registrar.

Removal and rectification

Companies House may take the view that certain information in a document delivered to it is inconsistent. They may issue your company with a formal notice asking them to correct such inconsistences within 14 days of the notice. If your company fails to comply, it and every officer in default, is guilty of an offence.

In addition, Companies House can also remove from the register (a) unnecessary material and (b) material derived from a document that has been replaced because it was not properly delivered or replaced following the issue of an inconsistency notice. However, the use of this option is again limited and doesn’t relate to certain information the registrar is obliged to accept or that which had legal consequences, for instance in relation to the company’s formation.

Furthermore, Companies House can also remove certain material if it (a) derives from anything invalid or ineffective, or was done without the authority of the company or LLP or (b) is factually inaccurate or is derived from something that is factually inaccurate or forged.

Court Order

Finally, Companies House must remove anything the court declares to be factually inaccurate or that the court directs them to remove. The court can only order the removal of material whose registration has legal consequences (e.g. in relation to formation or a reduction in capital), if they are satisfied the material has caused/may cause damage to the company and the company’s interest in removing the material outweighs that of any other person in the information staying on.

Conclusion

As a director of a company, you have a legal duty to ensure your company’s filings are accurate and up-to-date at Companies House. There are certain offences committed on default depending on the specific filing but overall, it is an offence for any person knowingly or recklessly either delivering or causing to be delivered a document, or statement that is misleading, false or deceptive in a material way.

Changes to Excepted Estates

From 1 January 2022, the reporting requirements for Excepted Estates will change. This blog aims to give you a whistle-stop tour of the changes that both clients and practitioners should be aware of.

What is an Excepted Estate?

Excepted Estates are those below the current Inheritance Tax (IHT) threshold in England and Wales. Usually if an estate has no IHT to pay, it will be excepted.

For deaths after April 2010, an estate will generally be excepted if:

  • It is a small estate – i.e. under the £325,000 IHT threshold;
  • It is an exempt estate – this is normally where the deceased left everything over and above the £325,000 threshold to a spouse, civil partner, or qualifying charity; or
  • The value of the estate is less than twice the IHT threshold (£650,000), provided 100% of the threshold from a spouse or civil partner who has predeceased is available.

Any estate which meets one of these criteria, and where the deceased died after 1 January 2022, will be subject to the new reporting rules.

What are the current reporting requirements?

On any Excepted Estate where the deceased died before 31 December 2021, the personal representatives (or a solicitor acting on their behalf), are required to submit a shortened version of the full IHT form – an IHT205 - to HMRC. If the estate is also claiming the unused IHT threshold of a spouse or civil partner who predeceased, the personal representatives are also required to submit IHT form IHT217.

What is changing?

From 12 January 2022, where a deceased died on or after 1 January 2022, the personal representatives are no longer required to submit either an IHT205 or IHT217 as part of the Probate process.

After this date, the online Probate system, MyHMCTS, will instead request the following information:

  • The net value of the estate for IHT purposes;
  • The gross value of the estate for IHT purposes;
  • The net qualifying value of the estate; and
  • If applicants are claiming the IHT threshold of their spouse or civil partner who has predeceased.

Any applications where death occurred before 1 January 2022 will continue to be processed under the old system.

Other significant changes effective from 12 January 2022 include:

  • For small estates, the limits on the value of both trust property and specified transfers, in the seven years before death, are increased from £150,000 to £250,000;
  • For exempt estates, the limit on the gross value of the estate is increased from £1 million to £3 million (although the total amount of trust property is limited to £1 million), and again the limits on the value of both trust property and specified transfers in the seven years before death are increased from £150,000 to £250,000; and

There will be no changes to the Excepted Estates rules where the deceased was not domiciled in the UK at the date of their death and had never been domiciled, or deemed domiciled, in the UK during their lifetime.

What does this mean for personal representatives and practitioners?

On the whole, this should make the process of applying for a Grant of Probate on a small or Excepted Estate less burdensome for personal representatives and probate practitioners.

HMRC will be submitting guidance on what constitutes an Excepted Estate in due course and their online IHT checker tool will also be updated to reflect the changes.

Pre Action Protocol for the Resolution of Clinical Disputes

Last month the Civil Justice Council (CJC) produced an interim report on the review of “Pre-Action Protocols” and launched a consultation on the subject of PAP reform. The consultation closes on 24 December 2021.

What are Pre-Action Protocols?

Pre-Action Protocols (“PAPs”) were introduced in 1999 with the aim of encouraging effective management of potential claims before the commencement of court proceedings. Early settlement was encouraged, the idea being to resolve claims at an early stage without court proceedings being necessary, and at minimum cost.

The Clinical Negligence Protocol

The above review includes the Clinical Negligence Pre-Action Protocol, known as the “Pre Action Protocol for the Resolution of Clinical Disputes”. This protocol applies to all claims against hospitals, GPs, dentists and other healthcare providers. It sets out the procedure that parties are expected to follow before the issue of Court proceedings. In summary, it sets out a timetable for the exchange of relevant information, relevant to the dispute and how the parties should confirm their respective positions on that dispute.

One of the key parts of the protocol is for claimants to send a “Letter or Claim” to the defendant healthcare provider. This is a formal letter setting out initial details of the claimant’s case, including the alleged negligence and harm caused as a result. In accordance with the protocol, defendants are supposed to provide a full “Letter of Response” within four months of receipt of the Letter of Claim confirming whether liability is admitted or if denied, with reasons for that denial.

One of the issues in practice is that often defendants are not able to respond to a Letter of Claim within the four months deadline. This is often due to a number of factors, including delays in obtaining the independent medical evidence which is needed to advise on the care provided and alleged harm caused as a result.

Possibly the biggest advantage of the protocol is that there is the potential for a defendant to make admissions of fault at the Letter of Response stage, with claims then often being settled without the need and expense of Court proceedings.

However, there are issues with the protocol, which need to be addressed, some of which are identified in the CJC’s report. Some of these include the following:-

  • Delays with the Letter of Response - I have often experienced considerable delay with defendants providing a Letter of Response (even pre-pandemic). On occasion, when the defendant does provide a response, it often does not adequately respond to the allegations of fault, and further time is then spent trying to clarifying their position and the reasons for a denial of liability. This can be incredibly frustrating for claimants - the delay eats into the time period allowed before the deadline for starting Court proceedings, and delays provision of potential treatment and support that could help the injured claimant;
  • Failures to respond to a Letter of Notification - the protocol specifies that parties may send a “Letter of Notification” at an early stage to invite liability. This is less formal than a “Letter of Claim” and can be sent when there is strong evidence of negligence at an early stage. For example, there may have been an internal investigation carried out by the hospital trust that has identified failings in the care provided. The Letter of Notification is designed to invite early admissions and therefore, save time and costs. However, it is now more common to see defendants refusing to investigate and respond after receiving a Letter of Notification, preferring instead to wait for a for a Letter of Claim;
  • Disclosure of medical records - there are often delays in obtaining all records. Sometimes key records are missing following initial disclosure and a lot of time can be spent chasing providers for this information;
  • Sanction for non-compliance - the CJC report indicates a belief that the Courts are inconsistent when enforcing pre-action protocols and sanctions for non-compliance. The most likely sanction here would be a costs penalty. The inconsistent approach appears to be the most common complaint made during the CJC’s preliminary consultation.

Reform

The CJC’s interim report outlines a number of possible options to consider for all pre-action protocols. One of these includes a “good faith” obligation on the parties to resolve or narrow the dispute. Another is a requirement to produce a list of agreed issues and issues in dispute, as part of a formal “stocktake” before the commencement of court proceedings.

It will be interesting to see the outcome of the consultation. Major reform seems unlikely but hopefully any changes will adequately address the above issues and refocus minds as to the aims and objectives of the pre-action protocols, including early resolution of claims.

Useful link to report and consultation survey

https://www.judiciary.uk/announcements/civil-justice-council-launches-consultation-on-pre-action-protocols/

SSP - Temporary change to Rules on Fit Notes

Normally, employers can insist that employees provide them with medical evidence in the event that they are sick for a period of 7 days or more as a condition of entitlement to statutory sick pay (SSP). Normally, this takes the form of a ‘fit note’ from the employee’s GP.

However, these rules are being relaxed temporarily to help free up GPs for the administration of Covid booster vaccinations.

New rules came into effect on Friday, 17 December to the effect that employees who commenced, or now commence, sickness absence from 10 December through until 26 January cannot be required to provide medical evidence as a condition of entitlement to SSP until they have been unfit to work for a period of 28 days.

For the avoidance of doubt, this 28 day period includes non-working days, such as weekends and bank holidays (as is the case with the normal 7 day period).

Beware Drink-driving Dangers at Christmas and Mobile Phone Law Changes in New Year

Drink-driving is dangerous at any time of year but Christmas is the period when we can be more susceptible to the temptation of alcohol and it simply isn’t worth it - it can have life-changing implications and lead to the loss of your licence.

People may think they are fit to drive after having a drink, but the only way to be really certain is not to drink anything if you are planning to drive. It’s also important to be aware of the risk of being over the legal drink-drive limit the morning after drinking.

Whenever alcohol is involved, it’s really important to be aware of how it can still be in your system the next day. Guidance shows that you should allow up to three-and-a-half hours per large glass of wine before driving, which adds up to 14 hours if you have had four large glasses of wine.

If you have been drinking medium-strength beer, it is advised that you leave two-and-half hours for every pint - so if you have finished drinking five pints of beer at 11pm, you shouldn’t drive until 11.30am the next day.

It’s worth bearing in mind that everyone’s body deals with alcohol in different ways and at different speeds but these timescales give you a good idea and are worth remembering.

I also want to highlight the changes regarding using a mobile phone while driving - a move made by the Government to strengthen the existing laws and make our roads safer.

It is currently an offence to text or make a call on a hand-held mobile phone while driving but from the New Year it will also be against the law to scroll through playlists, take videos and photos and play games on a mobile phone while driving.

It’s all part of a drive to crack down on road safety by tightening the rules and anyone breaking the law will face at least a £200 fixed penalty and have six points on their licence.

Proposed Increases to Statutory Maternity, Paternity, Adoption and Sick Pay

The Department for Work and Pensions has announced plans to increase a number of statutory benefit payments; including statutory maternity, paternity, adoption and sick pay. It is intended that these changes will have effect from April 2022. These rates are expected to be as follows:

• The weekly rate of statutory sick pay will be increased from £96.35 to £99.35.
• The weekly rate of statutory maternity pay and maternity allowance will be increased from £151.97 to £156.66.
• The weekly rate of statutory paternity pay will be increased from £151.97 to £156.66.
• The weekly rate of statutory shared parental pay will be increased from £151.97 to £156.66.
• The weekly rate of statutory adoption pay will be increased from £151.97 to £156.66.

Although these rates are not yet confirmed, it is expected that an Order will be made and the rates will come into effect on 11 April 2022.

If you require any assistance or advice on any of the above, or otherwise, please do not hesitate to contact the Employment Team.

E-scooters: A Menace to Society or the Future of Transport?

Whilst Santa might still be relying on his eco friendly reindeer driven sleigh this year, how long will it be before he considers modern alternatives such as E-scooters and in doing so will he fall foul of the law?

I recently represented X aged 16, who had been stopped by the police for riding his E-scooter in the car park of a local convenience store.

I advanced various legal submissions to the court on X’s behalf regarding the highly confusing and unsatisfactory legal position that currently applies to the use of E-scooters.

Is an E-scooter a ‘motor vehicle’?

In short – yes. In law that means that it therefore requires a licence to ‘drive’, insurance and an MOT. However, achieving any of these is currently impossible for an E-scooter – to quote Charles Dickens, “the law is an ass”!

Is the car park of a convenience store a ‘public place’?

Again the answer is yes, but in certain circumstances. Although normally private land, it becomes ‘public’ when people are invited on to it e.g. during opening hours to use the shop.

Is pushing the E-scooter when the engine is off ‘driving’?

According to settled case law, albeit some contradictory, the answer once again would be yes if it is being steered, controlled or pedalled.

In X’s case, following his conviction, I successfully submitted a ‘special reasons’ argument on the basis it would be unfair to impose penalty points on his provisional driving licence that he will be applying for next month.

The Magistrates agreed with my submissions, imposing a sentence of Absolute Discharge (no punishment) for there being No Insurance and Driving Otherwise than in Accordance with his licence (see first point above).

The Court also determined that there were ‘special reasons’ not to impose penalty points on X’s future provisional driving licence in light of their sentence.

In conclusion, Santa may want to stick to his sleigh and reindeer until the law catches up with how to deal with E-scooters.

What Makes a Good Divorce or Civil Partnership Dissolution?

Good Divorce Week commences on Monday 29 November 2021. But here’s the question; what is a “good” divorce? One where one “side” “wins” or “gets the lot”? Or rather where the parties are still talking to each other and prepared to sit in the same room afterwards? Where they negotiate and strive to avoid court and save fees? Where the children are put at the centre of their parents’ considerations?

Resolution is the organisation representing specialists in Family law. Members must subscribe to their good practice code of conduct. Resolution members would say that it is not about winners and losers and all about the other answers. Actions speak louder than words so how do Resolution members support and assist parties in achieving a good divorce or civil partnership dissolution?

Communication is often the key to achieving a good divorce. If parties communicate civilly and openly and engage with each other to identify and resolve issues, then much of the hard work has been done.

To obtain a Financial Consent Order parties must each provide a minimum, prescribed level of financial information by way of disclosure. By communicating openly and being transparent about their assets including pensions and income, this exercise can be undertaken swiftly. With minimal legal adviser engagement. Which all means minimal cost. Such open communication also promotes direct discussion about any concerns the parties may have for their children’s welfare. It is important that the parties never lose sight of the fact that, although they may want to go their separate ways, their children are their shared treasures and their welfare should be their paramount consideration. Certainly the welfare of any minor children of the family is the first consideration of the Divorce court when considering how fairly to divide parties’ assets at the end of a relationship.

Working towards identified aims and goals also makes for a good divorce. For example, alternative housing is likely to be needed for one or both parties and the children. A willingness to adopt an understanding about this, the realistic likely costs of both acquisition and running the new home, the limitations upon each party of mortgage capacity or barriers to increasing working hours if there are young children to care for, are all helpful insights. Such appreciation of the issues facing each party generates goodwill, builds respect and supports a negotiated outcome.

Agreeing some ground rules for parenting the children in two separate households is also a good idea. Agreeing bedtimes, homework arrangements, picking up and dropping off times and the treats and goodies which are and are not allowed, are all common examples. Sticking to these ground rules in both households will present a united front on parenting and a sense of security through certainty and consistency for the children.

Parties striving for a good divorce can also seek help from lawyers who are trained in Alternative Dispute Resolution (ADR) methods such as the Collaborative law approach. This promotes direct discussion and decision-making by the parties away from the Court and enables parties to be central to their process and the outcomes that they shape. Mediation is another ADR model available to couples and in certain circumstances there is still Legal Aid available for Help with Mediation.

It is possible for parties to come to an agreement entirely through negotiation or through a mediation forum, a collaborative law approach or engaging solicitors who will negotiate through correspondence and regular liaison with clients to come to an agreed solution. Avoiding court proceedings has the benefit of saving costs, retaining control, minimising delays and avoiding a significant amount of stress. An agreed financial consent order can be filed at court and granted by a judge without Financial Remedy proceedings being issued. Likewise an agreed Children Act order.

So, what is a good divorce to a Resolution member? It is knowing that the parties have reached a solution which is workable and fair to each of them. That the parties have protected and supported their children through the process so that they continue to have meaningful and healthy relationships with both parents and their wider families. It is one where clients recognise the support that has been provided to them by their advisor. Also one where the client appreciates the efforts throughout to keep costs to a minimum, reduce argument and conflict and focus on the negotiation and resolution of the central issues.

From April 2022 a no-fault divorce system will be unveiled. It is hoped that this will encourage more people to strive for a good divorce. Practitioners are presently awaiting guidance on the procedure and sight of the new rules. Hopefully they will be delivered in good time before the predicted April rush! However please remember that it is perfectly possible to achieve a good divorce NOW and a healthy exit from a damaged relationship, be that a civil partnership or a marriage.

An excellent new Resolution guide on "Parenting through separation" is available free of charge for parents or carers to download to support those seeking to implement good parenting through separation and indeed after parting.

I am a member of Resolution, a member of the Law Society’s Family Law Panel, an associate solicitor and a Collaborative Law Practitioner. Email me lisa.grimmett@lblaw.co.uk for further information.

Podcast

We have a number of useful episodes on our podcast The Legal Lounge, you can listen via the links below:

Alternative Dispute Resolution https://apple.co/3EwJoIB

Financial Disputes https://apple.co/3c0aPh8

Domestic Abuse https://apple.co/3Fu0s1I

March with Midwives: Maternity Crisis

On Sunday 21 November 2021, midwives across the UK staged vigils in order to call on the Government to address the ‘crisis’ in maternity services.

Organisers of the demonstrations, March with Midwives, said: ‘It is clear that maternity services in the UK are in crisis. Giving birth in the UK, a high-income country, is becoming critically unsafe. This is unacceptable… This is a genuine national emergency which impacts every level of society.’ March with Midwives claim that 2021 has seen maternity services become unsafe for staff and users; as of July this year, 41% of all maternity services are rated inadequate or requires improvement for safety.

It is reported that many of the midwives attending the vigils conveyed the same message: they are understaffed and overworked. One campaigner who has worked in the profession for almost 20 years said that she often goes into work feeling worried about the number of women she will have to look after. Others considered that the shortage of midwifery staff means it is currently ‘critically unsafe’ to have a child in the UK.

Jon Skewes Executive Director for External Relations of the Royal College of Midwives (RCM), showed support for the vigils and pointed to a recent RCM survey which had found that 57% of midwives in the UK are considering leaving the profession. The concerning statistics showed that for every 30 newly qualified midwives, 29 of them will quit.

Worryingly, these are not new findings. In 2018, a total of 1997 midwives (16% of the RCM membership) took part in the UK Whelm Study. The results showed that an alarming number of the UK’s midwifery workforce was experiencing significant levels of emotional distress and work-related burnout. It is thought that the global pandemic has rapidly exacerbated these issues and it is feared that maternity services are now at breaking point.

Amongst those who also took to the streets were parents who consider that their pregnancy or labour was negatively affected by problems in the profession. Some parents reported bullying and coercion to ensure compliance, and it was considered that trauma, amongst both parents and midwives, is rife.

The Government has responded by saying that a £95 million recruitment drive is underway which aims to hire an additional 1,200 midwives. A Department for Health and Social Care spokesperson said: ‘We are committed to patient safety, eradicating avoidable harms and making the NHS the safest place in the world to give birth’.

Lanyon Bowdler’s award winning clinical negligence team has extensive experience of dealing with maternity and birth injury cases. If you have concerns about the maternity care you have received, our team are happy to discuss the matter with you and guide you through the process sensitively.

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