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All About Apprenticeships

For many of you, National Apprenticeship Week would have completely flown under your radar. And even I, an apprentice, would be lying if I said I was aware of it taking place. It is something that gets very little coverage and attention. Most people are under the common misconception that apprenticeships are strictly for vocational or manual-oriented work rather than leaning towards the academic side of the spectrum. The reality being this is not the case.

Apprenticeships are believed to have begun in the Middle Ages, flourishing in the 14th century during the industrial revolution. Since then they have grown and developed exponentially, offering a huge array of learning opportunities across a plethora of subjects and areas of work.

Being a paralegal apprentice myself, you can fairly assume I am something of an advocate for apprenticeships - preferring them over the traditional University route. Just a few benefits they hold over their University counterpart are: gaining more ‘on the job’ experience, acquiring a broader range of skills and being more fluent in technical and professional jargon.

As I mentioned earlier – at the time of writing this – it is National Apprenticeship Week (6 - 12 February). On 7 February I was lucky enough to attend the All About Apprenticeships 2023 event held at Shrewsbury Town Football Club, where many companies were promoting themselves to the countless children and parents walking around inquisitively. Some apprenticeship providers were also there giving valuable advice and guidance about the structure and what qualifications you will gain. For the afternoon, and into the evening, Emma Harrison, Phoenix Atkins and I were the proud faces of Lanyon Bowdler, answering questions, handing out leaflets and broadening our reach with students in our local community.

As the week draws to a close, I feel it is worth bringing to attention both the importance and authenticity of apprenticeships, and how, in years to come, a lot more people will have gained their qualification via the apprenticeship route.

To find out more about apprenticeships visit: https://www.apprenticeships.gov.uk/apprentices/becoming-apprentice#

An Update on the Donna Ockenden Maternity Review in Nottingham – February 2023

Donna Ockenden met with the board of Nottingham University Hospitals NHS Trust (NUH) on Thursday 2 February 2023, for the first time since the launch of the inquiry in September 2022.

It is reported that Ms Ockenden shared the initial feedback she had been receiving from families in the review so far. Communication is said to be one of the main obstacles families have reported experiencing, even recently, over two years since the Trust was held to be ‘inadequate’. Families have stated they are facing a ‘brick wall’ with the Trust, and are unable to get their concerns heard.

Ms Ockenden states the meeting overall was very positive. Chief executive of NUH, Anthony May, reassured the public and the families concerned that he is not awaiting for the review to conclude before making the necessary improvements, and that all feedback will be actioned immediately.

Ms Ockenden’s review was launched in September 2022, and is expected to take a further 12 months. So far 949 families have been contacted as part of the review. The review was launched following an investigation with Channel 4 in 2020, which found evidence of repeated poor care spanning over a decade, and revealed 46 cases of babies who were left with permanent brain damage, 19 still-births and 15 deaths. The NUH Maternity Unit was rated inadequate by the Care Quality Commission (CQC) at this time, with a further warning notice being issued in March 2022, which highlighted specific concerns over the triage services and increased stillbirths; 19 serious incidents had been reported by maternity staff between March 2021 and February 2022.

The Independent reports that in December 2021 a clinical negligence case was settled by Jack and Sarah Hawkins over the loss of their daughter, Harriet, who was born still-born at the maternity unit, for a total of £2.8 million. The main issues identified in an independent report relating to this case echo what was discussed at Thursdays meeting, with identified factors including inadequate processes to support communication of clinical information as well as issues of poor safety culture and a lack of governance in reporting serious clinical incidents.

Ms Ockenden previously led an inquiry into the maternity scandal at Shrewsbury and Telford NHS Trust, and as a result of this Lanyon Bowdler has supported hundreds of families who have been affected by poor maternity care. If you or your family have been affected in this way, please speak to a member of our specialist team.

Acting For Your Lender - Why And What We Report

With over 50% of the population in the United Kingdom owning a property, many are reliant on a mortgage to enable them to make this purchase.

A mortgage is a loan used to buy a home, or borrow money against the value of a home you already own. It is a legal agreement and a lender will loan you a large sum of money over a set period of time.

When purchasing your property subject to a mortgage, the lender will require a first legal charge to be registered on the title to the property, as well as a restriction which acts as security for the loan. This ensures that their charge ranks in priority on the property deeds to ensure the mortgage is repaid upon any sale. The restriction will also prevent any sale or disposition without consent of the lender.

The lender will need to be satisfied that the property you are purchasing has good title and there are no defects which would adversely affect the future value and saleability of the property.

Whilst the lender will deal with the valuation of the property, the lender will issue a copy of your mortgage offer to your solicitor, and ask them to act on their behalf, as well as you as the buyer. In essence they require your solicitor to ensure the property is adequate security for the loan. Therefore your solicitor will be required, by the lender, to investigate the property’s title as well as searches and survey. This means your solicitor is required to act in the best interests of your lender as well as in your best interests as the buyer.

Each lender will have their own set of requirements to follow. The UK Finance Mortgage Lenders' Handbook (UKF Handbook) contains detailed instructions on each aspect of the transaction. Your solicitor will regularly review the handbook to ensure the requirements are known at the outset of the transaction, or, if your lender is a building society the “Building Societies Association” requirements.

There may be certain factors that your solicitor has to report to your lender as part of their obligation to the lender. These factors include any defects on the title and anything that could affect the lender’s security.

Factors reported to a lender include, but are not limited to;

  • Any change in your circumstances
  • Any gifts / loans you may be receiving to purchase the property
  • Lack of planning permission / building regulations
  • Lack of listed building consent
  • If there is an access way with inadequate rights
  • If there is a risk of flooding
  • Any restrictive covenants that adversely affect the property
  • Properties with unusual construction
  • Any structural issues
  • If your property is undervalued or overvalued
  • If the property is leasehold and there is:
    • doubling ground rent provisions
    • inadequate forfeiture provisions
    • cladding
    • an inadequate fire risk assessment
    • significantly high ground rent and/or service charges
    • a short period un-expired term remaining on the lease

There are no hard and fast rules on whether the defect is definitely reportable to your lender. It depends on the individual policy of each lender. Therefore, before reporting to your lender, your solicitor will carefully refer to the UFK Handbook or the Building Societies Association, to determine whether the defect is indeed reportable and whether an indemnity policy would be acceptable to the lender and any other requirements of the lender.

If the defect/risk can be dealt with by way of an indemnity policy, it may be the case that we will still need to report the issue to the lender, but advise them we intend to proceed with a policy to protect the buyer and lender, and we would ask whether they consent for us to proceed on that basis.

As a result of being required to report factors to your lender, there is a risk that your lender could withdraw their mortgage offer, or change the terms of the same, especially if they determine the defect to be a risk to their security. Your solicitor will wait for a response from your lender before exchanging contracts, agreeing a completion date and requesting your mortgage funds.

Before reporting any matter to your lender your solicitor would make you aware of this. If you refuse to allow your solicitor to make any necessary report to the lender your solicitor would be required to cease acting for you, as they would no longer be able to act in the best interests of the lender and there would be a conflict.

Lenders have a “panel”, which is a list of solicitors who are authorised to act on their behalf. The firms on their panel list are firms which they trust and which have been assessed to be reliable, have a good reputation and financially dependable. There are also a handful of lenders that will insist you use a solicitor of their choosing and do not permit you to instruct your own solicitor, however this is rare.

Here at Lanyon Bowdler we sit on the panel of all major lenders. If you would like further information as to whether we sit on your preferred lender’s panel, and whether we can act for you in your purchase, please get in contact with us.

There is an episode of our podcast The Legal Lounge, which discusses the common questions asked by people looking to buy a property, along with the steps they take to secure a smooth transaction. You can listen here.

Mediation: BATNAs and WATNAs

BATNA and WATNA are two key concepts in mediation and negotiations. BATNA stands for "Best Alternative to a Negotiated Agreement," and WATNA stands for "Worst Alternative to a Negotiated Agreement." Understanding your BATNA and WATNA can be a valuable tool in helping you to negotiate effectively in mediation.

BATNA is the best alternative option you have if negotiations in mediation fail to result in a resolution. For example, if you're involved in a dispute over a contract, your BATNA might be to go to court or to seek out another contract with another company. Your BATNA is your fall-back option if negotiations break down, and it gives you leverage in negotiations by demonstrating to the other party that you have other options.

WATNA, on the other hand, is the worst-case scenario if negotiations fail. For example, if you're involved in a dispute over a contract, your WATNA might be to lose the opportunity to do business with that company altogether. Understanding your WATNA can help you to avoid taking an unfavourable deal in negotiations and to stay focused on finding a mutually beneficial resolution.

When working with a mediator, it can be helpful to clearly define your BATNA and WATNA so that you can understand your position in negotiations. This can help you to make informed decisions about what kind of agreement you're willing to accept, and to stay focused on finding a resolution that meets your needs. The mediator can also help you to evaluate your BATNA and WATNA and to negotiate effectively in order to achieve a mutually beneficial outcome.

In conclusion, BATNA and WATNA are valuable concepts in mediation and negotiations that can help you to negotiate effectively and achieve a resolution that meets your needs. Understanding your BATNA and WATNA can give you leverage in negotiations and help you to reach the best realistic resolution of your dispute.

Entertaining Ways to Help Recovery From An Acquired Brain Injury (ABI)

Some games for brain injury patients offer fun ways to enhance cognitive skills and speed up recovery. Unlike normal cognitive exercises, brain games keep people more engaged, which means the skills developed by playing the game are more likely to stick and help them in other areas of their life.

None of these games were designed exclusively for traumatic brain injury (TBI) recovery, but they all activate important mental skills which are needed to live independently. This list includes something for every TBI patient, no matter what their cognitive level, so the list is organised by difficulty, from easiest to most complex.

Some of these games might be too hard for someone at the beginning of their rehabilitation, or for those further ahead in their rehabilitation they may be too easy! But hopefully there will be a few that work wherever you are on your rehabilitation journey.

1. Go Fish (and Other Card Games)

Card games such as “Go Fish” are perfect for severe TBI patients who need to relearn skills like memory, pattern recognition, and attention. They require some strategy, but not so much that it will become frustrating. As you improve your skills, you can try harder card games like Solitaire or Hearts.

2. UNO

UNO is another game for brain injury patients. The aim of the game is match a card in your hand with the card on the table until you’ve got rid of all your cards. But this has to happen before your opponent! It’s a great way to improve your colour and number recognition, and there’s even some strategy and planning skills involved.

3. Scattergories

This game is great for improving organisation, recall and word-finding abilities! It’s especially good for people with language difficulties, such as aphasia. The goal of the game is to name as many items in a category as you can in two minutes. If you’re not ready for the pressure of the actual game, you can also just use the cards without worrying about running out of time.

4. Scrabble

Scrabble is another game that can boost word-finding skills. This game requires a little more effort, because not only are you limited by the tiles in your hand, you also have to use the tiles on the board and build new words from them.

This exercises several cognitive skills at once, including:

  • memory to think of a word;
  • strategy to find the best word for the most points;
  • problem-solving to build a word from available letters; and
  • mental flexibility to adapt if the player before them does something unexpected

5. Jenga

This classic party game is perfect for practicing fine motor skills. As the aim is to remove blocks without causing the whole tower to topple, it also gives you a chance to improve some other cognitive skills such as attention and planning. If the small blocks are too hard to move, Giant Jenga might be a little easier.

6. Concentration

This game can be played with any standard deck of cards. In Concentration you must lay all the cards face down on the table. Players take turns flipping over cards to find matching pairs, until all the cards are paired. This game really challenges memory, since you have to remember where each card is to make a pair. It is helpful for people trying to improve their short term memory after a brain injury.

7. Sudoku

Sudoku is tough, but it’s perfect for improving number and problem-solving skills. Each row, column, and square in a Sudoku grid has to be filled out with the numbers 1-9 without any repeats in any row, column, or square. It sounds complicated at first, but it will get easier the more it’s done. There are also different difficulties to choose, so it is recommended starting at the easiest level and working your way up.

8. Chess

Chess is one of the oldest games in history, and there’s a reason it’s stayed popular for centuries. It’s challenging, but not all that complicated, and every game is different. It also engages nearly every cognitive skill, making it a brilliant game for brain injury patients. Chess challenges memory, since they must remember what each piece does. It forces players to think both logically and creatively to find the best move. Chess also teaches you how to think ahead and plan your strategy. Because you only play against one player, chess is an easier strategy game than others, and is ideal for ABI patients who might still struggle with focusing on more than one thing at a time.

9. Risk

This is a classic strategy board game that forces you to put all your mental skills to the test. It’s by far the hardest game on this list and is recommended for those who are far along into their recovery.

The goal of the game is to take over the world, but how players do this is completely your choice. Every decision made carries a risk that could hurt them later on in the game. Players must think ahead and choose wisely.

Risk is a long game which might not be suitable for ABI patients with concentration problems. The game is also frustrating at times, so if you struggle with anger you might want to avoid it, however, Risk will help refine nearly all of your cognitive abilities.

If you get good at these, you may wish to enter the ABI Games!

Headway Worcestershire partnered with the University of Worcester Sports Arena to present the ABI Games for people with acquired brain injuries from anywhere in the UK, thanks to a grant from the National Lottery Community Fund.

The event was held in honour of the late Queen in her Platinum Jubilee year by naming it the ‘Queen Elizabeth II Games for People with Acquired Brain Injury’.

Adults with an acquired brain injury from across the UK made their mark with remote creative applications prior to the event, and over 80 other contestants tested their abilities by participating in 24 various activities over the weekend.

There were four core areas of activities:

1. Physical Activities

Over the two days teams from around the country participated in physical games. The categories were: Boccia, Indoor Bowls, Walking Tennis, Walking Football, Walking Rugby and Walking Cricket.

2. Creative Expression

Participants created their own piece of art in the run up to the event. These were then judged at the event itself. The categories were: Photography, Painting/Drawing, Pottery, Woodwork, Creative Writing and Craft.

3. Cognitive Skills

Taking place over the two days, the categories were: Cards (Crib, Rummy), Uno, Memory Game, Dominoes, Chess, and a Quiz which included the following rounds - images, music and general knowledge.

4. Life Skills

Participants were invited to create their entries prior to the event. These were then judged at the event itself. The categories were: Grow Tallest Sunflower, Grow Wonky Fruit/Veg, Bake a Cake, Bake Scones, Bake a Loaf of Bread and Make a Preserve.

There is another event this year, so get practising those card skills!!

You can find out more by visiting https://headwayworcestershire.org.uk/abi-games/

Drug Driving Could You Have Been Wrongly Convicted?

The National Police Chiefs’ Council (NPCC) and the Forensic Science Regulator (FSR) have recently concluded reviews into Synlab Laboratory Services Limited’s analysis of drug driving samples.

Due to issues identified with the quality assurance processes utilised by Synlab, all results produced by them between April 2019 and December 2020, where they reported results above the prescribed drug driving limit, were reviewed.

The findings concluded that the analysis and processes were not conducted to the appropriate standard. As a result 1,778 samples have now been rescinded, in addition to those not proceeded with at the time.

Many people would have represented themselves in court and may be unaware they were possibly wrongly convicted.

I initially raised this issue in September 2021, you can read more about it here.

If anyone feels they have been wrongly convicted or requires further advice please contact me on 07776 184489.

National Family Mediation Week: What Can Mediation Do For Me?

A relationship breakdown is never easy for any individual, especially when someone then needs to consider the next steps with regards to a divorce or making child arrangements.

The 16 – 20 January 2023 marks National Family Mediation Week, a creation of the Family Mediation Council, to provide “an opportunity to raise awareness of family mediation and of the benefits it can bring to separating families.” (https://www.familymediationcouncil.org.uk/fmw/)

The purpose of this week is to promote to separating couples the consideration of non-adversarial approaches, whereby they can make decisions together and build a positive future for their family.

But what is mediation? What can it do for you and your family following a breakdown of a relationship?

Mediation

Family mediation is a process that involves the separating couple to engage with the assistance of one (sometimes two) impartial mediator(s). This process does not have the aim of fixing or saving the relationship, it serves to help parties deal with the consequences of their breakdown by way of the couple making agreements with each other.

The mediator will meet with the couple, either together or separately, to help them clarify and resolve their issues. This will usually involve the mediator collecting the couple’s position, and then communicating those positions to the individuals, so there is a general understanding of the couple’s wishes and feelings following the separation. The mediator may then give information and advise them on possible terms they should agree on and potential ways to move forwards, whilst attempting to minimise conflict and hostility.

A mediator’s background can vary, and be drawn from various professionals such as solicitors; social workers; psychotherapists; counsellors; and mental health professionals. However, accredited mediators will have undergone the necessary special training and will follow the Code of Conduct to ensure all couples receive the same standard of service, regardless of the mediator's background.

There are a range of benefits for choosing mediation to resolve differences. These include:

  • Potentially less conflict and hostility. Although there may be some circumstances whereby a separating couple require the full intervention of legal services and the court process, mediation can provide some couples with an appropriate and less conflicting forum to discuss their wishes, which in turn can allow them to resolve their differences in a hospitable environment. A positive effect of such an environment is the reduction of stress on a couple.
  • Quicker resolutions. The family court system currently has a large backlog of matters which, in effect, causes delay for a couple to reach a final solution to their circumstances. Again, this can create less stress for the couple at an already difficult time of their lives.
  • Flexibility. Mediators can provide flexibility in how the process should work for a couple and will consider the needs and schedules of that couple.

Mediation can be used in divorce to resolve the division of matrimonial assets and deal with financial affairs, or it can be used within child arrangements such as when contact should take place between parent and child. If a couple have a child or children aged over 10 years old, they may wish to consider Child Inclusive Mediation, as this would give the child an opportunity to meet with the mediator and express their wishes and feelings following the separation of their parents.

The mediator will explain that any agreement the couple reach will not be legally binding upon them (therefore the agreement cannot be enforced by a court, and the parties are not legally obliged to follow the terms of the agreement). However, an agreement reached within mediation can then be made into an Order of the court which would then become legally binding on the couple, and they would have to follow the terms of that agreement. Our family law specialists can review such agreements in order to provide individual advice on the fairness of that outcome and/or drafting the agreement into a court document.

Further, there is currently a ‘Family Mediation Voucher Scheme’ which is designed to support couples who may be able to resolve their family law disputes outside of court. If a couple is eligible, they may be entitled to receive a financial contribution of up to £500 towards the costs of mediation. Further information on eligibility can be obtained from the GOV.UK website.

Although mediation is not a ‘one size fits all’ solution and may not be appropriate for certain relationship breakdowns, there are many ways it can assist separating couples. Most importantly, to find a resolution that works for them and their family, in order to move forwards.

MIAM

When a couple are in the process of separating and they wish to obtain a Court Order in relation to Child Arrangements or Financial Remedy, it is important to be aware of the need to attend a Mediation Information and Assessment Meeting (“MIAM”) before making any application to court. Although a MIAM is not required in all circumstances, the courts will not consider such applications without proof of attending a MIAM.

MIAM is a meeting with the couple, again together or separately, whereby each individual has an opportunity to discuss their situation and the issues that need to be decided. The mediator will then provide information about the process of mediation, they will assess whether the case is suitable for mediation before an application is made in relation to child arrangements/financial arrangements. However, even if the mediator believes the matter could be suitable for mediation, the couple do not have to proceed with the mediation route.

MIAMs can be attended face to face or virtually and the cost will vary between mediators. However, if an individual is entitled to legal aid then they will not bear the cost of the MIAM.

Other forms of Alternative Dispute Resolution

Mediation is not the only possible route for a couple to consider to resolve their differences.

Collaborative law is another alternative to court proceedings. It is based on a series of round table meetings which involve the separating couple and their respective legal representatives. This process supports couples to achieve solutions for their particular needs, whilst removing the burden of communicating such needs, as their legal representatives will put forward such wishes on their behalf.

Here at Lanyon Bowdler, we have our very own collaborative lawyer, Lisa Grimmett. Lisa has a wealth of experience within collaborative law and has regularly worked with wealth managers; accountants; surveyors; and barristers to achieve the best outcomes.

Our team understands and appreciates the difficulties our clients’ face when their relationships end. With our specialism and expertise within family matters, we will be able to advise you of the available options you have in order to move forwards. Our team is always happy to listen to your enquiry and inform you of the services we can provide.

NHS Wales: Patients Can Be Sent Home Without Sufficient Care Packages Due To Overcrowding Crisis

Senior NHS staff have recently been advised by the Welsh government to discharge patients who require care packages from their hospitals as long as they are well enough.

Care Packages provided by the NHS (also known as NHS continuing healthcare), are entitled to those suffering from serious disability or illness and require further assistance following discharge from hospital. These can be put in place when the person is in a care home or at home in order for their condition to improve.

It covers the full cost of a person’s care (in their own home or a care home), including:

  • Healthcare
  • Personal care, such as help getting washed and dressed
  • Care home fees, including accommodation costs

The application of the NHS care package to an individual is decided following an initial screening and then, if considered eligible, a full assessment process which determines the required assistance a person will need due to their current condition.

A GP has called the announcement by the Welsh Government "terrifying" as the decision could cause discharged patients to deteriorate and end up back in hospital.

When questioned, the Welsh Government stated that the current NHS situation is “unprecedented”. This message came after Director of the Welsh NHS Confederation said that NHS was on a “knife edge” in regards to its ability to cope with the current capacity of patients and that tough choices would need to be made in order to protect the NHS.

Wales' largest health board, Betsi Cadwaladr University Health Board, declared a critical incident on Tuesday 3 January 2023 and said staff were forced to deal with overcrowding in the department.

Across the seven health boards in Wales, nearly 1,800 patients are medically well enough to be discharged from hospital but cannot as their care packages are not in place. It has been said the NHS is facing exceptional pressure and there were more than 500 confirmed COVID-19 cases in Welsh hospitals, with rapid increases in other respiratory viruses.

The Welsh Government acknowledged that day-to-day clinical decision-making must adapt to these exceptional pressures to ensure the NHS resource is being used for the greatest benefit. One of the ways suggested to combat the pressures of the NHS is to make sure hospital capacities are preserved for those at greatest risk with the greatest chance of benefit. This would involve staff making every effort to keep people at home; not to admit people to hospital unless absolutely necessary; and to return those in hospital to their homes or an alternative place of safety as quickly as possible.

The letter sent to senior members of NHS Wales recognised that the change to the clinical risk threshold for hospital care would be concerning for some professionals. However, the letter continued, "…there will be a need for everyone to consider discharge arrangements that may not be perfect, a care package may not yet be in place, and social assessments may need to happen at home rather than in hospital".

The Welsh government have sought assistance from the public to help where possible in order to improve the current conditions of NHS Wales, and that the efforts made so far have allowed 500 extra community beds to become available.

An issue which is contributing to patients being discharged without the necessary care package is the delay in getting the staff and resources to support patients. This was commented on by the chief executive of Care Forum Wales, Mary Wimbury. She believed there needed to be greater co-operation between the NHS and social care sectors, both in relation to paying appropriate rates so that social care providers can actually pay their staff to sufficiently retain and recruit them and provide the support that people need. She added, "It is a lot cheaper for people to be cared for in their own homes than in hospitals, and this can free up money to invest properly in social care, which will keep people out of hospital in the first place, and get them out more quickly when they are there."

It is clear that the NHS is currently in crisis and that conditions have recently been exacerbated due to rising cases in flu, cold and COVID-19. The first week of the New Year is often one of the most difficult for the health service as during Christmas and other bank holidays they do not run at full staffing capacity.

Many people delay getting their illnesses checked out during the winter period to avoid the risk of not being able to spend the festive period at home or with their loved ones. For the first time since the start of the pandemic, winter flu has taken a huge toll on the NHS. However, the recent rising cases in flu is not the only reason for the current crisis of the NHS’s inability to cope with incoming demands.

Although the pandemic and its after effects have worsened the situation, there are questions surrounding funding, staff levels and whether the social care system is fit for purpose in dealing with the demands of an aging population: a population whose needs are so much different now to when the NHS was established 75 years ago.

The Care Quality Commission Maternity Survey 2022

On 11 January 2023 the Care Quality Commission published their findings from the latest national maternity survey. This survey seeks to capture what people using maternity services in 2022 felt about the care they received while pregnant, during labour and delivery, and once at home in the weeks following birth.

Findings from a survey of more than 20,900 women who gave birth in February 2022 show that there has been a decline in positive responses, notably so in the number of women able to get help from staff when they needed it, compared to five years ago. There has been a decline in the number of women who felt they were “always” treated with kindness and understanding, a decline in the number of women who felt they were “always” spoken to in a way they could understand during labour and birth, and a decline in the number of women who felt their partner was able to stay with them as much as they wanted.

Whilst improvement in mental health support is reflected in the data, it is clear there is still a long way to go with a quarter of women not asked about their mental health during their antenatal check-ups.

Key findings from the survey include:

  • While the majority of women (86%) surveyed in 2022 said they were ‘always’ spoken to in a way they could understand during labour and birth, this was a decline from 90% who said this in 2019.
  • The proportion of respondents who felt that they were ‘always’ treated with kindness and understanding while in hospital after the birth of their baby remained relatively high at 71%, however, had fallen from 74% in 2017.
  • Less than half (41%) of those surveyed said their partner or someone else close to them was able to stay with them as much as they wanted during their stay in hospital. These results are still well below pre-pandemic levels (74% in 2019).
  • Just under a fifth of people who responded to the survey (19%) said they were not offered any choices about where to have their baby.
  • The proportion who said that they ‘definitely’ received help and advice from health professionals about their baby’s health and progress after giving birth if they needed it, increased from 60% in 2021 to 63% in 2022. However, overall results since 2017 (71%) show a downward trend.
  • Less than half of respondents (45%) said they could ‘always’ get support or advice about feeding their baby during evenings, nights or weekends, in the six to eight-week period after having their baby – down from 56% who said this in 2017.

As an associate solicitor who specialises in birth injury claims and who is a supervisor within the Shrewsbury and Telford Hospital maternity claims team, this is my view:

“Whilst it is encouraging to see that overall satisfaction remained high and the improvement in mental health support is definitely a step in the right direction, it is clear that far too many women are not receiving the care they deserve. We can all recognise that resource pressures play a key role in the level of service that can be provided but work can still be done to improve the quality of care given. We welcome the work on the CQC in amplifying the voices of women accessing maternity care and hope that the recommendations made nationally in recent maternity inquiries can help reverse the downward trend identified in this survey.”

If you would like to discuss your experiences of poor maternity care, our specialist team is here to support you.

A Christmas Carol…A Tale of Questionable Capacity

The turkey is in the oven and the lights are on the tree. For many people, Christmas is a time for family, joy and the occasional mince pie. For others the thought of the word Christmas induces a famous phrase we have all heard of “Bah Humbug!” Now, whilst most of us enjoy the festive period, I think everyone knows at least one Scrooge. Whilst watching one of my favourite Christmas films ‘A Christmas Carol’ I began to think about Ebenezer Scrooge and his infamous overnight change from a mean old man shouting about the surplus population, to a man who throws open his window and shouts at the nearest young boy to go and buy the biggest turkey in the shop. What has caused this miraculous change in character or is there something a little more worrisome going on here?

Arguably Scrooge has undergone quite a traumatic experience, being visited by four ghosts and being shown the aftermath of his death. Potentially this may have left some long lasting side effects. Evidentially before the experience, Scrooge had long standing beliefs that go along the lines of every man for himself and was quoted as saying “Since you ask me what I wish, gentlemen that is my answer. I don’t make merry myself at Christmas and I can’t afford to make idle people merry". This change in behaviour is potentially suggestive that Scrooge is suffering an impairment of the mind.

So let’s bring this story to the present day. What can the Court of Protection do to help and protect Scrooge? The legislation that governs the Court of Protection is the Mental Capacity Act 2005 (“The Act”). This statute only applies if P (the protected party) is deemed to lack capacity ‘if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain’. Scrooge has no diagnosed conditions that would indicate a disturbance of the mind, but in current times if there was a suggestion that he lacked mental capacity then the first step would be to contact a medical professional to see if a capacity assessment could be completed to see if he does have capacity. Considering Mr Scrooge is now willing to spend his money on turkeys and charitable donations, when before the incident with the four ghosts he was a lifelong penny pincher, this could be something addressed in the assessment. The assessor could then determine whether Scrooge had the capacity to handle his financial affairs. Capacity is issue and decision specific therefore Scrooge may be deemed to lack capacity to manage his finances but have capacity in other areas of his life.

The five principles are outlined in the Section 1 of The Act. These are designed to protect people who lack capacity to make particular decisions, but also to maximise their ability to make decisions, or to participate in decision-making, as far as they are able to do so.

1. A person must be assumed to have capacity unless it is established that they lack capacity.

2. A person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success.

3. A person is not to be treated as unable to make a decision merely because they make unwise decisions.

4. An act done, or decision made, under The Act for or on behalf of a person who lacks capacity must be done, or made in their best interests.

5. Any act or decision made on behalf of P must be the least restrictive option available to the decision makers.

If Scrooge was treated as lacking capacity in 1845, the then legislation in England was enshrined in the County Asylums Act of 1808, which established institutions for poor and for criminally-insane, mentally ill people. The institutions were called asylums and they gave refuge where people with a mental illness could receive proper treatment. On the face of it, the decision to buy the biggest turkey and donate to charity may seem to be an incapacitous decision, but it may only be an unwise one and therefore does not mean Scrooge lacks capacity. Usually there would be a pattern of behaviour to indicate the lack of capacity.

Thankfully if Scrooge was deemed to lack capacity to manage his finances he would have a number of options available to him, with many professionals who could help. If Scrooge didn’t have capacity then a family member could submit an application to the Court of Protection to be appointed as a Property and Affairs Deputy. The most likely candidate for a Lay Deputy (Lay meaning non-professional) would be a close family member, like Scrooge’s nephew Fred, or maybe a close family friend such as Cratchit. Each decision made by the Deputy should be made in the best interests of P. Would it be in the best interests of Scrooge to allow him to spend his money on a family meal if it meant he had company at Christmas? That would be a question which the Deputy would have to consider.

Sometimes there are not any suitable people willing to step in to act as Deputy or in some circumstances it wouldn’t be appropriate for a lay person to be Deputy. Here at Lanyon Bowdler we have our own highly experienced Court of Protection Team who work with and directly support many clients with ranging levels of input as their Professional Deputy. We understand the challenges involved with looking after a loved one who lacks capacity.

If you have concerns about someone who lacks, or may lack capacity, please contact our knowledgeable and friendly Court of Protection Team to discuss the issues you are facing and for advice on a way forward.

Merry Christmas from the Court of Protection Team and everyone at Lanyon Bowdler.

Renting Homes in Wales

The Renting Homes (Wales) Act 2016 came into force on 1 December 2022. It makes significant changes to the law relating to residential property lettings in Wales. From now on, the legal basis of most agreements between landlords and people who rent their home will be an "occupation contract" and tenants and licensees will now be called "contract holders”.

Contract holders must be given a written statement containing all of the terms of the occupation contract within 14 days of moving in.

Most pre-existing rental agreements will automatically convert into occupation contracts, and in that case, landlords have until 31 May 2023 to send out the written statement.

The Welsh government has produced model written statements for different circumstances and they can be used as the basis for occupation contracts. The new law says that there are some fundamental terms which cannot be changed from the model wording at all, and others which can only be altered if the change benefits the contract holder.

Here are a few key things to note about the new law:

  • Landlords must make sure that properties are fit for human habitation, having regard to a list of 29 separate factors including damp and mould, carbon monoxide, a lack of adequate lighting, exposure to pests, poor sanitation and drainage, inadequate water supply, etc.
  • Properties must include hardwired smoke alarms on each floor and a carbon monoxide alarm in each room containing a gas appliance, oil-fired combustion appliance, or solid fuel burning combustion appliance.
  • Landlords must give six months’ notice of a "no fault" eviction and one month's notice of an eviction due to a breach of contract. That notice period can be shorter where there is antisocial behaviour, or serious rent arrears.
  • Two months’ notice has to be given of any rent increase.
  • It is easier to add or remove contract holders to the contract: there is no need to end the existing contract and start a new one. Managing joint occupation contracts is therefore simpler.
  • Where the contract holder dies the contract can be passed on to certain other people living in the property such as the contract holder’s spouse or partner, other family member aged 18 or over, or certain types of carers.
  • The new law also gives landlords the right to recover possession of the property without issuing court proceedings by following a prescribed procedure if the property has been abandoned.

There are pitfalls for the unwary and it is important for landlords to get advice about the terms of their written statements, and to get advice before serving any notices to terminate an occupation contract or repossess an apparently abandoned property.

Possession of a Bladed Article in a Private Place

I recently dealt with a gentlemen, whom I shall call Dave, for a little known offence that was introduced earlier this year involving possession of bladed articles in a private place.

Section 141(1A) of the 1988 legislation prohibits the possession in private or public of certain offensive weapons including under subsection (r):

‘a sword with a curved blade of 50 centimetres or over in length; and for the purposes of this sub-paragraph, the length of the blade shall be the straight line distance from the top of the handle to the tip of the blade.’

My client, who is ex forces, had amassed over the years a private collection of swords, some of which, had literally overnight become illegal due to a change in the law.

With the help of an expert, we were able to argue that a number of items seized were not unlawful as they were either not long enough or curved enough to fall foul of the legislation.

We also utilised the following exemption to demonstrate that Dave was sufficiently skilled to have made some of the swords by hand:

3. It shall be a defence for a person charged:

1. with an offence under section 141(1) [F12or (1A)] of the Criminal Justice Act 1988; or

2. with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,

In respect of any conduct of his relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r), to show that the weapon in question was made before 1954 or was made at any other time according to traditional methods of making swords by hand.

Following representations, the prosecution offered no evidence against Dave for all offences, making him very happy that he would not lose his prized collection.

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