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Jul 10
Love0
child home alone

Home alone

By Childcare and Nannying, houses and property, Legal, Relationships, Safety
by Hayley Garner
NSPCC Local Campaigns Manager

For parents and carers, the summer months can be a tricky time as they try to balance the school holidays with work and childcare commitments. Many might be wondering whether their child is ready to be left unsupervised, or may have concerns about someone else’s child being left alone.

While there is no legal age a child can be left home alone, it is against the law to leave a child alone if it puts them at risk. Every child matures differently, so it would be impossible to have a ‘one size fits all’ law.

As a general rule babies and toddlers should never be left alone. This applies not just to leaving them home alone but also in your car while you run into the shops.

A very young child or one who does not feel comfortable should never be left home alone.

We would also recommend against leaving children under 12 alone, particularly for long periods of time. Children aged six to 12 years are usually too young to walk home from school alone, babysit or cook for themselves without adult supervision. It is worth considering leaving them at a friend’s house, with family or finding suitable childcare.

Once your child is at secondary school you could talk to them about how they would feel if they were left alone at home. Whether they are 12 years old or almost 18, there might be reasons they don’t feel safe in the house alone, and it is vital they feel comfortable and safe being left unsupervised.

If your child feels ready to be left at home alone, there are some simple things you can do to help keep them safe.

Set some grounds rules Make sure they know what to do if the phone or doorbell rings. Write down all your contact numbers and the numbers of friends and family in case you can’t be reached. Agree in advance if friends are allowed over.

Practise what to do in an emergency
Even though it is unlikely it is best to prepare for anything that might go wrong while you are out. Come up with a safety plan for different scenarios, such as a fire or burglary.

Make sure they are really safe online
Consider if there are any games or sites they might have access to while you are out that might upset them or put them in danger. Discuss what they are allowed to do while you are out and remind them not to give out any personal details online. More information on staying safe online can be found on the NSPCC website – www.nspcc.org.uk

Be clear about when you will be back
Make sure they are clear about what time you will be back and how you will let them know if your plans change.

Check in with them
Give your child a call every so often. If it is the first time they have been left alone, try to check in regularly. Even if your child is older and has been left home alone before, you should still check in once every few hours, particularly if you are out late.

Build up slowly
Leave them for a short time at first, no more than 20 minutes, then build up over time and keep checking in to make sure they are comfortable. Being left home alone for an hour is very different to being alone for a whole afternoon or overnight. We would not recommend leaving your child home alone overnight if they are under 16 years old.

You can find more advice on how to keep your child safe on the NSPCC website – www.nspcc.org.uk. Children can find support at www.childline.org.uk or by calling 0800 1111 and speaking to a trained Childline counsellor.

Adults with concerns about a child can contact the NSPCC Helpline by calling 0808 800 5000 or by emailing help@NSPCC.org.uk

 

Jul 03
Love0
cute puppy

The rise of the ‘Pup-Nup’

By Finance, houses and property, Legal, Relationships

What will happen to your pet if your relationship breaks down?

For most pet owners, their companions are part of the family, so if a couple separates, what happens to them? In this article, Jon Whettingsteel, Partner and Family Law Specialist at Dutton Gregory Solicitors investigates.

According to a survey undertaken last year by Statista, 62% of households (approximately 17.8 million homes) own a pet, and with an average of two pets per household, that’s over 35 million domestic animals homed across the UK. Dogs proved the most popular pet (13 million), with cats coming in a close second (12 million) and just under 60% of pet owners were aged between 16 and 34 years old.

In law, pets are viewed as ‘chattels’ or property, and treated the same as the family car, furniture or artwork. Unlike children, there is no specific guidance in law or criteria on what the Court will consider when determining ownership of a pet.

Section 24 of the Matrimonial Causes Act 1973 gives the Court the power to make a ‘Property Adjustment Order’ and even an ‘Order for Sale’, but these only apply if the parties are married. If a couple is in a relationship and/or living together, the issue of pet ownership is likely to be dealt with under Small Claims Court.

When determining which Order to make in relation to a pet, a Court may look at;
• Who bought the pet? Is there a name on any purchase documentation?
• Who is the registered owner? The contact listed on any microchip, for example?
• At what point in the relationship was the pet purchased?
• Whose name is registered on any insurance or at any veterinary practice?
• Who looks after the pet on a day-to-day basis?
• Who pays for the pet’s costs?
• Was the pet a gift from one party to the other, or from a friend or family member?

None of the above is determinative, and it will always be down to the discretion of the Court to decide who should retain ownership of any pets and what points to consider.

There is some, albeit limited, case law such as RK v RK in 2011 where the Judge stated they did “….. not consider it appropriate to make an order in respect of one of the dogs because, on the evidence I have heard, they would seem to be have been looked after principally by the husband.”

In another case, K vs K in 2005, the Judge commented, “The division of chattels must be accomplished prior to trial,” showing the court’s reluctance to make an order around pets.

In the event of a dispute, parties may wish to consider ‘mediation’, where a third party, preferably with experience in pet disputes, can help the parties reach an agreement. There is also ‘arbitration’ where it is agreed to give the third party the power to make a legally binding decision, but both methods often prove quicker and cheaper than a Court Application.

The best way to prevent this situation is for a couple to enter into a Pre-Nuptial or Cohabitation Agreement.

‘Pet-Nups’ or ‘Pup-Nups’ as they have become known, can set out not just who owns a pet, but also payments towards the costs of care, contact and effectively allow pets to have similar arrangements to children in the event of separation.

Although not automatically legally binding of enforcement, recent case law suggests that the Court are attaching more weighting to agreements between the parties where these are entered in to freely and willingly.

As with any agreement that is potentially legally binding, parties should obtain bespoke legal advice.

Disputes are demanding of time and finance, so parties should ensure they have in place a clear written agreement about arrangements for their pets when looking to get a new furry or feathered family member.

Jon Whettingsteel is a Partner and Family Law Specialist at Dutton Gregory – if you want advice then please contact Jon on 01483 755609 or j.whettingsteel@duttongregory.co.uk

 

 

Jul 02
Love0
conveyancing dean wilson

Thinking of buying or selling your house?

By Finance, houses and property, Legal

Dean Wilson LLP’s Head of Residential Conveyancing, Siobhan Cox, shares five top tips on conveyancing for those looking to buy or sell their home.

1. Choose the right conveyancer
Select an experienced conveyancer with a good reputation. If you are recommended a conveyancer by your estate agent, ask why they are recommending that conveyancer. Is it because they have an agreement with them where the estate agent benefits financially from the referral, or, are they recommending them because they are an expert in their field and the best person for the job? The amount that a conveyancer charges will vary but you should not base your choice solely on price. It is important to choose a qualified and experienced conveyancer with a good reputation and someone that you know will be available to speak to you throughout the transaction to explain the process and any issues that arise. It is a good idea to speak to the conveyancer who will be acting for you before you instruct them. Building a good relationship with your conveyancer is vital as buying and selling a home is a stressful time and having someone on your team who you trust is essential.

2. Understand the conveyancing process
Familiarise yourself with the steps involved, including property searches, contract reviews and the transfer of ownership so that you have an understanding of the various stages of the process. Discuss the process with your conveyancer and ask them to let you know realistic time scales for the transaction so that you can plan accordingly.

3. Instruct your conveyancer early
When you place your property on the market, it is also a good time to instruct your solicitor. This will enable you to complete all of the necessary compliance steps with the solicitor which will save time when a sale/purchase is agreed and will mean that you can move straight into the conveyancing process. As a seller, there are a number of forms that need to be completed and documents to be collated. Your conveyancer can send these to you so that you can start to complete the forms and pull all of the documents together or obtain duplicates for any that you discover cannot be located. Your conveyancer will also be able to obtain the title documents for the property to ensure that there are no discrepancies with names or addresses that need to be rectified before the sale can proceed.

4. Understand all of the costs involved
Make sure that your conveyancer provides details of all of the likely costs that will be involved at the outset so that there are no unexpected sums to pay which could lead to financial strain. You should ask about the Stamp Duty Land Tax, Land Registration Fees and any additional costs that may be involved, particularly if you are buying or selling a leasehold property.

5. Selling a leasehold property
Check the length of your lease and speak to your conveyancer about whether you should look at extending the term before you place the property on the market. The buyer will need to know what the current ground rent is and the current service charge payable, so make sure all of this information is to hand, as well as details of any major works that have recently been completed, or are due to be completed in the next 12 months. If there is a managing agent, pass these details to your conveyancer. On a sale your conveyancer will need to obtain a pack of information from the managing agent or freeholder. There is usually a charge for this and occasionally, it can take three to four weeks to obtain this information. It is therefore important to request this pack as early as possible in the transaction.

Dean Wilson LLP’s reputation has been built upon our ability to deliver and exceed our clients’ expectations. For over 100 years our success has been founded upon our client focused approach, backed by the knowledge and expertise of our lawyers. www.deanwilson.co.uk

Mar 02
Love0
co-parenting

Putting children first

By family, Legal, Mental health
by Julian Hunt
Partner at Dean Wilson and Head of the Family Department

A guide to mindful co-parenting after separation

When marriages and partnerships end, it’s easy to get caught up in the storm of emotions and conflicts that inevitably arise. Yet amidst the troubles, there’s a group whose needs often risk being overlooked – the children. While separation is challenging for adults, its impact on children can be profound and long-lasting, potentially affecting their mental health and future relationships.

Studies have shown that it’s not the separation itself that most damages children, but rather how parents handle it. This brings us to a crucial question: How can separating parents ensure their children’s wellbeing remains at the forefront?

Building a foundation of respect
The foundation of successful co-parenting lies in maintaining respectful communication between parents. This might seem like a tough challenge when emotions are running high, but it’s essential to remember that every hostile exchange or negative comment can leave lasting impressions on children. Even when parents think their children aren’t listening, young ones often pick up on tensions through overheard conversations or social media posts.

Love without limits
One of the most significant challenges for separating parents is accepting that their child can maintain loving relationships with both parents and their new partners. Children have a remarkable capacity for love, and forcing them to choose sides or feel guilty about spending time with the other parent can create emotional wounds that take years to heal.

Flexibility emerges as another crucial element in successful co-parenting. Life doesn’t stand still after separation, and neither should parenting arrangements. Children’s needs and wishes evolve as they grow, and parents must be prepared to adapt their arrangements accordingly. This might mean being understanding when a teenager prefers spending time with friends over parent time or being willing to adjust usual arrangements to accommodate special occasions.

Keeping children out of adult matters
A common downfall in post-separation parenting is using children as messengers or confidants. While it might seem convenient to relay messages through children or seek their emotional support, this places an unfair burden on young shoulders. Children shouldn’t be drawn into adult discussions about financial matters or be asked to keep secrets from either parent. They certainly shouldn’t be pressured to lie to professionals or family members about their situations or feelings.

Creating two welcoming homes
The question of possessiveness often arises in separated families – whether over the children themselves or their belongings. A healthy approach involves making it easy for children to move between homes with their necessary items, rather than creating artificial boundaries that make them feel like visitors in either home. This extends to maintaining connections with extended family members who play important roles in children’s lives.

Special occasions and holidays present unique challenges for separated families. These moments hold significance for both parents and children. Rather than viewing these occasions as potential difficulties, parents should approach them as opportunities to demonstrate mature co-parenting. This might mean sharing celebration times or alternating years for certain events.

Individual needs, individual solutions
It’s worth noting that siblings might have different preferences for spending time with each parent, and that’s OK. Each child’s relationship with their parents is unique, and forcing identical arrangements on all siblings might not serve their individual needs. Parents should be prepared to accommodate these differences while ensuring all their children feel equally valued and loved.

Progress over perfection
Co-parenting isn’t about perfection – it’s about progress. Neither parent will get everything right all the time, and expecting perfection from either yourself or your ex-partner sets an impossible standard. What matters most is maintaining a consistent focus on your children’s wellbeing, even when faced with disagreements or challenges.

Getting professional support
For parents struggling with these transitions, professional support can be invaluable. Family mediators, family consultants and legal professionals who specialise in family law can help navigate complex situations while keeping children’s interests paramount. These experts can assist in creating sustainable parenting plans that protect children’s wellbeing while respecting both parents’ rights and responsibilities.

Looking to the future
As our understanding of children’s needs in separated families continues to evolve, one truth remains constant: children benefit most when their parents can set aside their differences to focus on co-parenting effectively. This doesn’t mean pretending past conflicts don’t exist or forcing fake relationships. Rather, it means developing a new kind of relationship – one based on mutual respect and a shared commitment to raising healthy, well-adjusted children.

The journey of separation is rarely easy, but by keeping children’s needs at the centre of all decisions, parents can help their children navigate this significant life change with resilience and security. After all, while partnerships may end, parenting is a lifelong commitment that deserves our very best efforts.

Dean Wilson LLP’s reputation has been built upon our ability to deliver and exceed our clients’ expectations. For over 100 years our success has been founded upon our client focused approach, backed by the knowledge and expertise of our lawyers. www.deanwilson.co.uk

 

Jul 04
Love0

The benefits of a co-parenting app

By Legal, Relationships

In this issue of the magazine, Jennie Apsey, Solicitor in the Family Department at Dean Wilson LLP, explores co-parenting apps.

Separated parents know only too well that sharing the responsibilities of parenting and communicating about contact arrangements, children’s extra-curricular activities, holidays, and school events can prove difficult, especially if they are not on good terms. Often, parents can feel overwhelmed juggling communication and keeping track of arrangements via multiple methods of communication such as texts, WhatsApps, emails, Facebook Messenger and calls, and doing so can lead to information being missed and minor disagreements and misunderstandings escalating into major conflict. This is where use of a co-parenting app can really help.

What is a co-parenting app and what are the most popular ones available in the UK?
A co-parenting app is a tool which can assist parents in communicating, organising, and documenting arrangements for their children, whilst helping to reduce conflict and providing a permanent digital record that is tamper-proof, putting an end to who said what and when.

There are a variety of different apps available in the UK including OurFamilyWizard, AppClose, 2houses and Talking Parents, to name just a few, all of which are available to download from the App Store and Google Play. Communication is at the heart of all these apps, and they have many shared features but also some variations, so it is a good idea to do some research to see which would meet your family’s needs before signing up to one. Some are free and some require a yearly subscription, albeit the cost is not significant, especially when shared between parents. Some that require a subscription offer free 14-day trials to allow you to check whether the app works for you and covers everything your family needs it to.

What are the usual features of a parenting app?
A secure messaging feature is key, and many come with a date and time stamping feature on the messages. At the touch of a button you can print out complete conversations should they be required, which eliminates the need for taking multiple screenshots of texts or printing out email trails. There are also shared calendars for co-ordinating pick ups and drop offs, GPS and expense trackers, payment facilities, and options to share medical information, school reports and photos. Some apps also have an in-built parenting plan tool to assist parents in coming to an agreement about child arrangements and some also have a professional access feature to allow parents to share information with their legal teams, counsellors or mediators. OurFamilyWizard’s ToneMeter is particularly popular. It works like a kind of spellchecker, picking up on negative tone and checking whether you are sure you want to send the message or whether you might wish to consider alternative, less inflammatory wording. This can be a useful tool for reducing conflict and over time, improving communication between separated parents. TalkingParents offers recorded phone and video calls, which depending on your own family’s needs, may be a useful tool.

Do the courts ever recommend using a co-parenting app?
Where difficulties in communication are a particular feature of a Child Arrangements case before the courts, use of a co-parenting app is almost always recommended, and in some cases ordered, with OurFamilyWizard featuring prominently in Child Arrangements Orders in the courts of England and Wales.

Are there any disadvantages to using an app?
Aside from there being an associated cost with some of the apps, the only other thing to bear in mind is that whilst they can assist in reducing conflict from miscommunication and the likelihood of arguments taking place in front of the children, they cannot solve or eliminate fundamental differences or disagreements between the parents. If you are unable to resolve an issue with your child’s other parent, you should seek specialist legal advice to discuss your options.

As an ABC reader you can call the Family Department on 01273 249 200 to arrange a no obligation telephone discussion and, if required, a fixed-fee meeting.

Dean Wilson LLP’s reputation has been built upon our ability to deliver and exceed our clients’ expectations. For over 100 years our success has
been founded upon our client focused approach, backed by the knowledge and expertise of our lawyers. www.deanwilson.co.uk

 

Mar 04
Love0
Divorce help

Court is not the only way

By family, Legal, Relationships
by Rachael House
Partner, Dutton Gregory

Contrary to what we may see on television, when couples divorce or dissolve a civil partnership, there are not many people who say to their lawyers “I want to take my ex to the cleaners!”. In my experience the majority of people say the opposite: “I want to be fair but get what I am entitled to”. In that circumstance, I commend my client for their sensible outlook and discuss with them the ways that settlement can be achieved without going to court.

We will then attempt to engage the spouse/civil partner in an out of court route such as mediation, the collaborative process, round table meetings, arbitration, a private financial dispute resolution hearing or early neutral evaluation. This list of options has grown in recent years, so there are plenty of routes to keep people away from the overworked and underfunded courts.

Despite all the options, it can sometimes become apparent that each party’s perception of what is fair can differ, or one party is an ostrich and does not engage in any meaningful negotiations. This can result in a stalemate in negotiations. Thus, an application to the Family Court to ask a Judge to make decisions for the couple can sometimes seem the only way forward. This can result in the parties both having an outcome imposed upon them that neither of them is happy with. Furthermore, each person will have spent many thousands of pounds in legal fees and may be stuck in the court system for a number of years.

If the above is not enough to put people off going to court, there is now even more of a deterrent in the form of two new elements being applied to the process in 2024:

1 Parties to court proceedings will need to let the court know what their thoughts are on trying to reach settlement outside of the court process, rather than staying within the court arena. If they do not wish to negotiate out of court, then they have to justify why they should not have to go and try an out of court route. If the Judge is not satisfied with the answer, an order can still be made to send the couple off to try and progress matters outside of the court arena.

Furthermore, if the Judge is not satisfied with a party’s engagement, they can make that person pay towards the other person’s legal costs. The court has long been trying to get couples to engage in out of court processes, and so is formalising the process from April so that couples will need to be much more alive to the risk of paying even more money to their ex if they show no interest in trying to move their disagreement away from the court.

2 The press will be allowed to report on court hearings. Initially just in proceedings concerning disputes over children – but this is expected to extend to financial proceedings in due course. This will be subject to strict rules on not naming the parties. There has been a pilot in place across a number of courts in England and Wales, but as from 29th January it has been extended to include 16 more courts including Guildford.

Imagine feeling nervous already about going to court but then having a journalist gawping at you as they type every word on their laptop, hoping for a juicy snippet of detail to entice their readers about the way the relationship has failed.

If your relationship has broken down and you are wondering what the difference is between the out of court routes, here is a summary:
Mediation – a third independent party helps couples reach a negotiated agreement.
Collaborative process – negotiations face to face with lawyers and a firm commitment to try and stay away from court.
Round table meetings – negotiations face to face with lawyers.
Arbitration – a jointly appointed arbitrator makes a decision that will be binding on the couple and become a court order but is more flexible and much quicker than court.
Private dispute resolution hearing/early neutral evaluation – the assistance of a specially trained person acting as a judge identifies and seeks to resolve the issues in the case, with the aim of limiting overall legal costs and time delays.

I know there will still always be situations where court is unavoidable. However, I hope that more people will become aware that going to court to resolve their issues is fraught with risk as to the uncertainty of outcome, speed, cost and privacy.

Rachael House is a specialist family solicitor at Dutton Gregory so if you want advice, then please contact Rachael House on 01483 755609 or r.house@duttongregory.co.uk

Mar 03
Love0
legal rights for grandparents

Grandparents’ rights

By Legal, Relationships

Jennie Apsey, Solicitor in the Family Department at Dean Wilson LLP,

explores the rights of grandparents.

In an ideal world, all family relationships would be strong and healthy, and everyone would get on. However, family arguments do happen and sometimes have significant consequences. Whether as a result of falling out with your children and their partners, or as result of them going through an acrimonious separation or divorce, you may find that access to your grandchildren is restricted or completely cut-off, which can be a very painful experience.

Do I have any legal rights as a grandparent in England?
Grandparents do not have an automatic right to contact with their grandchildren and the law primarily recognises the rights of parents in matters concerning the upbringing of their children. However, under the Children Act 1989 what is in the best interests of the child is the primary consideration and therefore all is not lost should you find yourself being denied a relationship with your grandchildren.

What should I do if I am not being allowed to see my grandchildren?
If you find yourself in this situation and you have been unable to negotiate with the children’s parents to come to an agreement, you should see if you can resolve the issue amicably with the help of a mediator. A trained mediator could help you come to a satisfactory agreement without the need for any court orders and they are likely to understand the sensitive and emotionally stressful nature
of the situation.

What happens if mediation is refused, or it breaks down?
In this instance, it is important to take specialist family law advice. Only people with Parental Responsibility have an automatic right to make an application to the Court for a Child Arrangements Order, and grandparents will require the permission of the Court to make an application. In practice, the application for permission is dealt with at the same time and on the same form as the application for a Child Arrangements Order (form C100). You will need to explain your reasons for making the application, and in the majority of cases permission will granted and the application issued after consideration of the following:
• The grandparent’s relationship with the grandchildren;
• The nature of the application;
• Whether there may be a risk of any harm to the grandchildren if the application is granted;
• Whether permitting the grandparents to have contact with the grandchildren would have any negative effects on the rest of the family.

What happens when an application is issued?
The parents of the children will be notified of the application made by the grandparents and a hearing will be listed. If no agreement can be reached at this stage of the proceedings, further hearings will be necessary, culminating in a Final Hearing at which oral evidence will be heard from both parties. During the course of the proceedings, usually with the help of Cafcass, the Court will obtain the views of the grandchildren, providing they are old enough to express them.

The Court will make a final decision with reference to the Welfare Checklist found in section 1(3) of the Children Act 1989:
• The ascertainable wishes and feelings of the children concerned (considered in the light of their age and understanding);
• Their physical, emotional and educational needs;
• The likely effect on them of any change in their circumstances;
• Their age, sex, background and any characteristics of theirs which the court considers relevant;
• Any harm which they have suffered or are at risk of suffering;
• How capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs;
• The range of powers available to the court under the Act in the proceedings in question.

The Court must put the best interests of the children ahead of any other considerations including the wishes of the parties. If the Court believes that contact with the grand-parents is beneficial for the children, they will grant a Child Arrangements Order which will stipulate the terms of that contact.

Dean Wilson LLP’s reputation has been built upon our ability to deliver and exceed our clients’ expectations. For over 100 years our success has been founded upon our client focused approach, backed by the knowledge and expertise of our lawyers. www.deanwilson.co.uk

 

Nov 10
Love0
family christmas

Giving children the best Christmas

By Christmas, family, Legal, Relationships, Toys

For a lot of people, Christmas is about spending time with family, but what happens when children have more than one? If not handled carefully, talk of Christmas can descend into conflict and arguments about where children spend the festive season.

In this article, Family Law Specialist, Rachael House, from Dutton Gregory Solicitors in Woking gives her tips on how to establish a Happy Christmas for all.

Top tips for child arrangements over Christmas:
1. Plan ahead
Discussions should be had as soon as possible. That way, if there is disagreement, there is time to resolve it.
2. Child first
A good way for parents to try and reach an agreement and overcome the desire to spend as much time as possible with their children, is to focus on what the child needs or wants.
3. Compromise
It is always best if parents, who know their children and what is best for them, can find a solution between themselves.
4. No point-scoring
Parents shouldn’t try and outdo each other, either in terms of time or presents.
5. Keep records
Arrangements are best confirmed in writing, (an email conversation will suffice) so there is a clear record of what has been agreed.

If you need help
If they cannot agree, a lot of parents find benefits in using mediation. This is where an independent, neutral third party assists in discussing and negotiating through a situation.

The process is voluntary, and a mediator cannot make a binding decision, but if parties can reach a solution, a ‘Memorandum of Understanding’ can be drawn up to record what parties have agreed to. In certain circumstances this be drawn up in to a Court Order, but only if it is deemed of benefit to the child.

There are alternatives to mediation. Collaborative Law is where parties sit around a table (or in different rooms if they don’t want to meet face-to-face) and engage in negotiations with the support of their solicitors providing legal advice. This too is a voluntary process and any decision is not legally binding.

A couple can also choose to undertake Arbitration where the decision of the arbitrator is legally binding on both parties. The parties jointly agree an arbitrator (a professionally trained and qualified expert who effectively performs the role of the Judge), prepares paper evidence and the arbitrator then hears from each party before making a decision. Arbitration is often a very effective way of resolving a dispute where the issues are limited or narrow, such as arrangements for Christmas.

If you want advice about Christmas, or any child contact, then contact Rachael House on 01483 755609 or r.house@duttongregory.co.uk

Nov 08
Love0
Adult Carers Week

Unpaid carers and their rights

By Childcare and Nannying, Legal, Relationships, Work employment
by Barbara Cormie
Marketing and Communications Manager, Action for Carers Surrey

Life as an unpaid carer can be tough – but it’s even tougher if you’re not aware of the rights you’re entitled to. The UK has nearly 10 million people in a caring role – people that are helping a relative or friend who is disabled, frail, or unwell, who couldn’t manage without this support.

People can become carers overnight, or can only realise they are carers over time, as a partner or parent’s health declines. And some people never know a life that’s not caring, as they are born with a disabled brother or sister.

carer adviceAlthough it can be rewarding, and deepen relationships, caring can also be extremely hard, and will often affect someone practically, socially, emotionally, and financially.

Statutory rights
But here in the UK there is some understanding of what a carer’s role entails, and in theory – there is statutory support for unpaid carers, and a number of rights which should help make lives easier.

Your rights include the right to a Carers’ Assessment, the right not to be discriminated against, and employment rights.

So what exactly are my rights?

The right to a carers assessment
Under the Care Act 2014, adult carers have the right to an assessment by their council, of their caring role, and to be provided with the financial and practical support they are found to need. The assessment should include finding out whether the carer is able – and willing – to care, as well as the affect on their wellbeing, and their access to work, study and recreation.

And under the Children Act 1989 and the Children and Families Act 2014, there is a requirement for councils to similarly assess the needs of parent carers of disabled children under 18. And under the same Acts, children themselves under 18 who are carers, have the right to an assessment, which looks at the impact of caring, and whether the young person wishes to continue caring, and if it’s appropriate for them to do so.

advisor chatYour employment rights
If you’re a carer juggling work with your caring role, then you also have employment rights. This includes the right to request flexible working.

And just this year, the Carers Leave Act was passed, meaning that from a yet undefined date in 2024, all carers will now have the right to up a week of unpaid carers leave. (The right to request some leave, was previously only available to certain qualifying employees.)

It is also worth checking your contract as increasingly employers are recognising the value of supporting carers in their workforce and you might find that you are offered more generous terms.

The Equality Act
In the UK people have protection from discrimination in employment, in education and when receiving services. You are protected from being discriminated against on the basis of various ‘protected characteristics’, one of which is disability.

So this means, a carer cannot be discriminated against on the basis of their ‘association’ with a disabled person. For example, if you were verbally abused by a shop assistant about your child’s mental health condition, then potentially you would have been discriminated against under the Act.

The Government, working with CAB’s guide: ‘The Equality Act: What do I need to know as a carer?’ talks through the Act, different situations, and how you might take action if you think you have been discriminated against.

Further information on rights
National charity, Carers UK, have lots of in-depth information on your rights. www.carersuk.org/help-and-advice/practical-support/what-are-your-rights-as-a-carer

Carer Rights Day
To raise awareness of carers’ rights and entitlements, the annual Carers Rights Day helps carers get the support they need – and this year it’s on Thursday 23rd November. So look out for events near you to help you find out more.

If you are in Surrey, please consider coming along to one of charity Action for Carers 10 Information Fairs, being held across the county, between 20-25th November. Action for Carers and many other charities and organisations will be there, offering advice and information about your rights, and caring generally. Fairs are ‘drop in’ and free. Visit www.actionforcarers.org.uk/news/fairs-for-surreys-carers-marking-carers-rights-day-2023 to find out more.

Don’t struggle on alone
Try and find out what you are entitled to, and if you need any help, please give your local carers organisation a call.

Barbara Cormie is Marketing and Communications Manager for Action for Carers Surrey. Action for Carers are a charity supporting Surrey’s unpaid carers aged 5-95, with advice, information, free events and more. Visit www.actionforcarers.org.uk, or call the Helpline on 0303 040 1234 for more information.

Aug 20
Love0
autism laid out

Supporting children with Autism in school

By Education, Legal, Relationships, special educational needs
by Chloe Chapman
SEND Consultancy Services

An estimated 700,000 adults and children have a diagnosis of Autism Spectrum Disorder (ASD) in the UK – approximately 1% of the population. However, there may be many more who do not have an official diagnosis but have the same profile of needs. If your child has Autism or suspected Autism, school can be an overwhelming and challenging experience.

The NHS website details the common signs of Autism in young and older children. There are also useful descriptors of how Autism can present differently in girls and boys; with girls generally being better at ‘masking’ typical Autistic behaviours, making it harder to spot (and diagnose) in girls.

How do I obtain a diagnosis of Autism?
If you suspect that your child may have Autism you will need to make a referral through your GP or child’s school, which is then referred to a Paediatrician. A Paediatrician will meet your child in a clinic setting and discuss their developmental milestones, and observe how your child plays and interacts. It is important to share any reports written by other medical professionals, and your child’s educational setting. Following this you will receive a written report outlining whether your child meets the criteria for a diagnosis of Autism. It is important to note that waiting lists to see a Paediatrician are often a minimum of 20 weeks long, and in reality significantly longer. It is possible to pay privately for a Health Professional to provide an assessment of Autism; this can typically cost a minimum of £1,500 and sometimes significantly more.

What school support is available for children with ASD?
If your child is struggling with the demands of the classroom or the social aspects of the playground it is important to ask for a meeting with the Special Educational Needs Co-ordinator (SENCo) in the first instance. You will need to check if your child is on the school’s SEN Support Register as this will allow the school to draw up to £6,000 funding to support your child (it is useful to note this is roughly 12 hours of support across the school week). You have the right to ask how this funding is being spent to support your child. Typical support for children with ASD might include a social skills group, structured social groups such as LEGO® therapy, sensory circuits and structured learning activities to support attention span in adult led tasks. Educational settings are able to seek advice from, and make referrals to, outside professionals such as an Educational Psychologist, Specialist Autism Advisory Teacher, Speech and Language Therapist or Occupational Therapist. These professionals will be able to provide individually tailored advice to the school in how best to support your child.

Autistic children can sometimes present with difficult or challenging behaviour in the classroom. This can be a response to the overwhelming sensory nature of the classroom, the number of social interactions that are required or because delayed social communication skills make it difficult to verbally communicate effectively. If your Autistic child is displaying dysregulated behaviours it is important to work with the school to identify possible triggers and support strategies. Difficult behaviours can be considered a means of communication (especially in non-verbal children) so it is important to work out what message your child is trying to get across. Providing alternative means of communication through; Picture Exchange Communication System (PECS), Signing, Objects of Reference or other means) can help to support your child to communicate and reduce frustrated behaviours.

Do I need a diagnosis to apply for an Education, Health and Care (EHC) Needs Assessment?
If your child has ASD traits and is struggling to manage in the school environment it is important to note that you do not need a diagnosis in order to apply for an EHC Needs Assessment. An EHC Needs Assessment is a statutory process through the Local Authority to assess the type and amount of support a child needs in an educational setting (Information about how to apply for an EHC Needs Assessment is on the Local Offer for your area). The types of difficulties your child faces and the way they communicate and behave does not change upon diagnosis; however having a recognised diagnosis can help others understand more about why your child may find certain things challenging. If you are worried about how your child is managing in a mainstream school and would like the Local Authority to consider a special school place you may need a diagnosis of Autism in order to be considered for a space in certain schools.

What if things are not going well for my child in school?
If things are not going well for your child in school (whether or not they have an ASD diagnosis) and they are on an SEN Support Plan you could consider (in conversation with the school) whether to apply for an EHC Needs Assessment. If your child already has an EHC Plan in place you should contact the school and Local Authority to arrange an early Annual Review to consider if the provision in place is working or not.

You can also contact local support groups or SENDIASS (as outlined in the Local Offer) both of which can offer impartial advice. You could also consider contacting an independent SEN Consultant who would be able to discuss the individual concerns regarding your child and advise next steps accordingly.

If you would like more information and advice about supporting a child with Autism then please get in touch.
www.sendconsultancyservices.co.uk chloe@sendconsultancyserivces.co.uk

 

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