Category Archives: Law Topic

Lawyers urge that mental health should be prioritised in family law children’s cases

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Curtis Dunkley (Student) 

 

Legal aid is rarely available for family law cases, meaning that most people now have to represent themselves in Court. Solicitor’s argue that significant changes are required to the way these cases are dealt with, so that mental health can be prioritised in the family courts Lawyers are urging for more focus to be on Alternate Dispute Resolution (ADR) like mediation, to help parents and children avoid the stress of court. 

Family lawyers at Irwin Mitchell (a leading national firm) say that these changes are essential to ensure that the experience has a positive effect rather than a detrimental one on the wellbeing and mental health of anyone who requires the assistance of the family court.  

The former CEO of Cafcass Anthony Douglas was quoted in an interim report on the Child Arrangement Programme (CAP) as saying “court has become the default option for too many unhappy separators”. This suggests that mediation is not being used effectively. 

Since the withdrawal of legal aid, the amount of litigants-in-person has risen substantially: during the 2017/18 financial year the number of parties in private law cases with private representation was 36%, compared to the 2012/13 financial year where the number was 58%. Legal experts say this has increased the pressure on the courts, the professionals and, most importantly all the parties involved. 

The Rt Hon. Sir Andrew McFarlane, President of the Family Division, recently urged all those who work in the family courts to concentrate on wellbeing with other professionals pointing out that the current system is unsustainable. 

Irwin Mitchell say that the overall focus should be the mental health and wellbeing of people going through the process. 

Experts argue that the best approach to move forwards is to consider solutions that resolve matters outside of court, whether it is mediation, arbitration, conciliation, or another route. This would help ease the stress of the process for the parties involved and most importantly, the children. 

At the Staffordshire University Legal Advice Clinic (SULAC), students offer free legal advice on family matters and a number of other issues to members of the public. SULAC is currently open and offers appointments at Stoke and Stafford. For more information, or to book an appointment please contact: SULAC@staffs.ac.uk or call 01782 294800 

 

National Pro Bono Week

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Emma Morgan (Student)

This week is Pro-Bono week, which promotes and supports people who provide free legal advice to those most in need. It is part of a global celebration of pro bono that takes place every year.

Students from Staffordshire University offer free legal advice to members of public as part of their law degrees, this helps prepare them for their future careers. This year SULAC students are taking part in the Law School Challenge, hoping to raise as much money as possible for Law Works and Advocate to enable Pro- Bono activities continue in the future.

This also enables the students to spread the word about the hard work and dedication they have put into their studies in order to help members of the public. The students are already well underway with their fundraising for the Law school challenge with the first event already completed and the next one being organised; the students are keen to beat last year’s total. There is also a fundraising page where you can support our cause :

https://uk.virginmoneygiving.com/fundraiser-display/showROFundraiserPage?userUrl=ScalesofJusticeSULAC&pageUrl=1

Staffordshire University legal Advice Clinic is open and currently at Stoke Combined Court, Signpost Stafford, County Hospital and Stoke hospital, YMCA and HMP Stafford. If you would like any more information or to book an appointment, please contact us on SULAC @staffs.ac.uk or telephone 01782294800

Law Alumni Wins Lechmere Essay Prize

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Naz Khan, a recent Graduate in LLB Law, has won the coveted Lechmere Essay Prize from Middle Temple.

“I am delighted to share that I have been awarded the prestigious Lechmere Essay Prize from Middle Temple.”

One prize of £500 is awarded every year for an essay from a member of the Middle Temple on a prescribed topic of no more than 3,000 words.

The winning essay ‘Do events since 23 June 2016 strengthen or weaken the case for the United Kingdom adopting a written, codified Constitution?’ was written during Naz’s time at Staffordshire University.

“Studying constitutional and EU law at Staffordshire University helped to improve my understanding of constitutional issues within the UK and equipped me with the knowledge to answer the essay question.

“Many students often find concepts within these modules difficult to grasp and quickly lose interest. I would say to the current flock of law students at Staffordshire University to remain focused and discuss these concepts in workshops with fellow students and professors as much as possible to improve your understanding.

“I was fortunate to have incredible professors’ and mentors at Staffordshire University, without their support and guidance I would not have had the confidence to enter the competition yet alone writing an essay worthy of winning the award.”

You can read Naz’s winning essay here.

Congratulations Naz Khan and all the best on your LL.M. at Durham University.

Ministry of Justice closing 77 courts in 7 years.

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On the 16th of October 2019, the chief executive of HM Courts and Tribunals Service informed the Public Accounts Committee that 40% of courts are still being used for less than half their total available time. She alleges that more than two-thirds are situated within five miles of another court.

In September the Ministry of Justice revealed that they are planning on closing around 77 court and tribunal buildings over the next 7 years. The idea is that the money that will be saved will go towards modernising the remaining courts. HMCTS has already closed 127 sites in England and Wales since 2015. Between 2010 and 2015 around 140 buildings were also shut.

When these Courts were closed inaccurate information was used to assess the impact on Court users. Ms Acland-Hood suggests that this time they will look at the real travel distances for the individuals who use the courts.

Acland-Hood stated that access to justice remains the priority when considering the closure of courts although given the significant delays already being experienced by Court users it is questionable whether this can be achieved if further closures are made.

HMCTS were questioned on how the Magistrates and Crown courts were to manage if the government’s 20,000 extra police officers plan was to go ahead as this would result in more cases coming through the system. It was acknowledged that if there was a significant increase in cases there would be a problem.

Access to justice is already problematic. Further closures can only make this situation worse. SULAC offers free legal advice to members of the public in Stoke and Staffordshire. Please call 01782 294800 for an appointment.

One million workers are being denied their rights

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Hannah Lewis (Student)

A think tank called the Resolution Foundation claim as many as one in twenty British workers do not receive any holiday pay despite being entitled to the same. There are recorded to be 32 million people in the British workforce and the foundation suggests that at least one million people across the country are being denied their rights in one form or another. The report produced by Resolution First shows that workers are being failed by employers and despite the government taking steps to increase the resources of the HMRC and other bodies, it is largely up to the individuals of these injustices to hold their firms to account. More than 100,000 applications were made to the employment tribunal system in 2018.

Economists fear that job security is being undermined as the power of the trade union declines and the law fails to keep up with the changing employment landscape since the last recession. Although unemployment has fallen in Britain to the lowest levels since the 1970’s a rise in the use of the zero-hour contracts and employment through agencies has led to an abuse of workers’ rights. It is workers aged under 25 and over 65 that are most likely to be affected by violations of legal entitlements. The research shows that almost one in ten workers did not receive a payslip, which is a legal requirement. It is employees at the end of their working life that are the most likely to not receive payslips. The HMRC recorded 200,000 cases of workers not receiving minimum wage in 2018, the majority of those being at the beginning of their working career.

The British government have made many rules and regulations to control the labour market and ensure fairness to its workers. However, these rules are only as good as the agencies that have the power to enforce them. Violations remain a common feature of the job market and millions of people are missing out.

SULAC is a free legal advice clinic provided by final year law students at Staffordshire University. We can offer legal advice on all areas of employment law. Please call 01782 2944800 for an appointment.

 

‘More people need educating on Power of Attorney rights’

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Bissmah Tariq (Student)

The Government’s Office of the Public Guardian (OPG) have announced a drastic rise in investigations into people with Lasting Power of Attorney over the 2017/18 period.

There have been many complaints of Lasting Power of Attorney misuse with a drastic rise in investigations of 45% over the past year. The majority of the investigations were carried out due to concerns from close relatives, local authorities, care homes, financial institutions and legal professionals.

Friends and relatives often accept the responsibility to make financial or health decisions on behalf of relatives or friends who no longer have the mental capacity to do so.

Since many do not fully understand what they are getting themselves into, this has led to people either accidentally or deliberately making mistakes such as not keeping clear records and wrongly gifting or taking money.

Royal London, which obtained the figures through a Freedom of Information request, strongly encourage people to educate themselves on their responsibilities when they agree to act under a Lasting Power of Attorney.

Helen Morrissey, personal finance specialist at the insurance and pensions firm, said: “When done properly the attorneys fulfil a vital role in safeguarding the interests of the person they are acting for. But the sheer number of investigations into their actions is concerning and something needs to be done to curb poor practice.”

Someone agreeing to be appointed under a lasting power of attorney has a legal duty to help make important life decisions on behalf of the individual even when he/she lacks mental capacity. It is strongly recommended that you keep clear and well written records and bank statements as evidence of expenditure to protect your position.

For further advice on powers of attorney please contact SULAC (Staffordshire University Legal advice clinic. Our team of academics and qualified and experienced Solicitors have experience in this particular area and can provide you with free legal advice. Please call 01782 294800 for an appointment.

 

A Year On – The Bar Professional Training Course

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Last year we published an article about celebrating the scholarship one of our students, Jake Edwards, won in order to complete the Bar Professional Training Course at Nottingham Trent University. We caught up with him to see how the course was and to tell us a little bit more about what it entails. 

I started the Bar Professional Training Course in September 2018 at Nottingham Trent University after receiving one of the Middle Temple Inn of Court Scholarships and the Nottingham Law School Dean’s BPTC Scholarship for Academic Excellence.

Before I enrolled on the BPTC I had to complete the Bar Course Aptitude Test (BCAT). This test will not assess your legal knowledge, instead, it will test your ability to use reason and logic. The questions will test your ability to evaluate arguments, recognise assumptions and draw inferences.

On the BPTC I had to complete twelve exams, each assessing a different discipline necessary for legal practice as a barrister. These areas are criminal litigation (evidence and sentencing), civil litigation and remedies, professional ethics, drafting, opinion writing, resolution of disputes out of court (RDOC), conferencing, criminal advocacy (comprising of two assessments examination in chief and cross examination) and civil advocacy. You must then choose two optional modules, I took advanced criminal litigation and family law practice.

The course is very different from any undergraduate law course, the emphasis shifts away from academic research and legal theory. Instead, the focus is on practical skills. The assumption is that you now know the law, or at the very least you will inform yourself of what the law is. The sorts of issues you will face on a day to day basis will largely relate to evidence, procedure and advice.

During the BPTC, I attended twelve qualifying sessions at the Middle Temple, as this is required before you are eligible to be called to the bar. There are a wide range of sessions available including but not expressly limited to advocacy weekends at the Cumberland Lodge, mooting competitions, dining nights, music nights and lectures.

Whilst studying on the BPTC I worked as a County Court Advocate. In this role I have represented clients in court before District Judges across the Midlands on a range of issues including personal injury claims, RTA claims, infant approval hearings, debt recovery hearings, fitness to work cases, mortgage possession hearings and deposit protection hearings. In this capacity you are subject to the same code of ethics that governs barristers and you will frequently find yourself up against opponents who are themselves practicing barristers usually up to five years call.

The BPTC assesses your level of competency with the grading ranging from not competent to outstanding. In July, I received my BPTC results in which I was graded an outstanding overall. I am now waiting to be called to the bar at the Middle Temple in November (Michaelmas call). To be eligible for call you must have obtained at least a competent overall on the BPTC along with twelve qualifying sessions.

Congratulations for all of your hard work Jake!

Graduate Wins Scholarship for Bar Professional Training Course

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Lauren Bicknell, a Graduate in LLB Law with a Foundation Year, has won a scholarship from Middle Temple to study the BPTC (Bar Professional Training Course).

“I am beyond delighted to share that I have been awarded the Jules Thorn Scholarship from Middle Temple to study the BPTC (Bar Professional Training Course) in Nottingham this September.

My path to the Bar has been somewhat unconventional. I finished my A-levels with less than desirable grades and only got in to University through Clearing. However, I have proved to myself that with resilience and determination, anything is achievable. I was exceptionally fortunate to have great mentors at Staffordshire University. Their unwavering support and guidance played an indispensable role in my success.

I am incredibly excited to begin this next chapter of my journey in becoming a barrister.”

Congratulations Lauren and all the best for the Bar Professional Training Course

What Are You Up to Now? Catching up with Law Alumni

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We like to keep in touch with our alumni and hear about what they are doing since graduating. Jade Taylor studied the LLB Law with a Foundation Year degree with us as Staffordshire University and graduated in 2017. Since graduating, Jade has been a support Officer, Coordinator and volunteer in ares within the criminal justice system, including probation work, mentoring and children in care. She has written a guest piece for our blog about her experiences mentoring within the criminal justice system.

Jade Taylor graduated in 2017 with an LLB (Hons) in Law, taking the Foundation Year route.

August 2017 – July 2019 Volunteer Support Officer for CF03, SWM CRC, DLNR, Merseyside Circles

July 2019 – Promoted to Volunteer Coordinator for SWM CRC – Covering Probation Offices Birmingham Centre City and Wolverhampton Lever Street & Community Mentoring for both areas.

October 2018 – Present – Volunteer Independent Visitor for Black Country Independent Visitors (Children in the Care System)

In April 2016, I decided I needed to get some experience in the Criminal Justice System as I was studying a Law Degree at Staffordshire University. I investigated what would be the best opportunity for me and came across Sova/CGL. Going through recruitment I was nervous yet excited. I didn’t know what to expect or how I would deal with this line of work. After the second interview I was hoping and praying I would get the opportunity, and I did. I was over the moon!

Little did I know at the time it would be the best decision I ever made.

I became fully recruited in October 2016 and this is where my journey began. I started off volunteering in Stoke on Trent on the SWM CRC project doing community mentoring supporting service users of all different backgrounds and with all different support needs. I then got involved with Breach Court support at Birmingham Magistrates every Wednesday morning on my day off from university. This was an amazing experience and the support I could give to the individuals been given sentences was incredible. We would sign them up and give them that little glimpse of hope.

Alongside this I was then given the opportunity to mentor in HMYOI Brinsford. I took the opportunity with both hands and again enjoyed every minute. Supporting an individual in custody is daunting to begin with but then I soon realised it was the perfect opportunity to give that person a sense of hope, determination and courage for their release giving them all the vital tools to develop and grow in the community.
It is safe to say that as a volunteer the co-ordinators gave me the opportunity of a lifetime. Not only that but did they make me the person I am today from the beginning. They believed in me, they supported me and they enabled me to grow and develop with continuous training and guidance.

I loved volunteering with Sova/CGL that much I applied for a job with Sova/CGL as the Volunteer Support Officer 4 weeks after graduating in July 2017. Then an even bigger shock and an even better opportunity. I GOT THE JOB!!

I had the most rewarding job of recruiting volunteers and giving them the opportunity that I was given. I go to work happy and come home happy knowing I can do this for others. My work is more than just a job. I also still get to mentor the service users and I will quite happily make that time up! My colleagues are brilliant and I have made some great friendships along the way.

July 2019 came, a promotion opportunity came up. By chance I went for it thinking “what do I have to lose”. It was nerve-wracking but exciting. This is what I had longed for. Going through university thinking it would take years to get into a full time job that I was happy in and what I had studied so long for. I was successful for the post and I have now began my journey based in Probation supporting not only volunteers but assisting service users on license in there day to day struggles. Now that’s rewarding!
I also volunteer one Sunday every month on the Black Country Independent Visitor project where I get to make a difference to a young person’s life in the care system. Again, the most amazing opportunity to make a difference to somebody’s life and enjoy it at the same time.

The opportunities are endless and the volunteers we have are the bread and butter of what we do. I am proud of how far I have come as a volunteer now staff member, but most of all I am extremely proud of the volunteers I get to recruit. I get to watch them flourish into amazing mentors and to give them that rewarding experience is indescribable.

I am proud to be part of this organisation both as a volunteer and staff member and as I will say every day I am extremely proud and value all our amazing mentors on all the projects that we have and the journey I have been on since graduating!