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When another person or organisation has broken the contract between you to provide the goods or services in return for payment, you may have grounds for compensation or redress.

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Our specialist Litigation team are on hand to help you with any queries you may have.

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Our expert solicitors are here to support you with advice, outlining your options at the very first stages to ensure all possible objectives are reached.

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The Litigation team at Poole Alcock will advise you on the best route to take, depending on your tenancy agreement.

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At Poole Alcock we understand that you want to resolve any dispute cost-effectively and maintain good relations where possible.

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A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

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Forming a company can be a positive and exciting step for many business owners. However, it is important to ensure from the outset that the documents governing your company’s operations suit your business needs.

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Acquisition of another company is an effective way to grow your business. Ensuring a successful transaction is all about the detail. You need to know exactly what you are buying.

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When the time comes to sell your company, or shares in your business, you will wish to maximise the return on your investment of money, hard work, time and emotion.

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A guarantee is a legal commitment to repay a debt where the original borrower has defaulted on their repayments. In essence, the person providing the guarantee will “step into the shoes” of the debtor.

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Whether you are lending to or borrowing from a third party, it is always prudent to record the terms of the loan clearly.

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A company’s articles of association are of paramount importance; they are the key constitutional document setting out the basic management and administrative structure of a company.

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If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

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If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

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When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

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Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

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Most of the legal rights given to parents are by way of Parental Responsibility (PR). PR means ‘all the rights, duties, powers, responsibilities and authority that a parent of a child has in relation to the child and his property by law’.

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You can apply to end or dissolve your civil partnership if you have been in the partnership for at least one year. It is very similar to divorce, in that you will need to make an application to the court.

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When parties separate they may be able to reach an amicable agreement about the finances of the household and how these should be divided going forward. However, for most this can be the most difficult area to resolve.

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We can provide you with the peace of mind of conducting your divorce on a fixed fee basis. We will be able to provide you with the figure at the outset, allowing you to budget and plan your finances in advance.

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We are proud to be chosen by Cheshire Police Federation as their nominated divorce lawyers to provide specialist divorce and family advice to its members.

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A pre-nuptial/pre-civil agreement is a legal agreement made between two individuals before their marriage has taken place. It usually sets out how the couple wish their assets to be divided between them.

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A separation agreement is a written agreement used when a couple want to stop living together. The agreement can be used to decide a variety of topics including, who will pay the mortgage.

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Under the Equality Act 2010 harassment is defined as unwanted conduct which is related to either; age, disability, gender reassignment, race, religion or belief, sex and sexual orientation and is therefore unlawful.

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Unfair dismissal is a complex area of employment law and one where you need a legal expert to safeguard your financial interests as well as your professional future.

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It can be hard to realise that you may have been a victim of workplace discrimination. Discrimination is based upon what are called Protected Characteristics.

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Under the Equality Act there are 9 specific areas which are called protected characteristics; any discrimination against workers because of these characteristics would be unlawful.

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It is important that businesses handle the termination of a director’s contract appropriately, especially if you need to achieve a swift exit without disrupting the operation of the business.

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Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

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Has your employer discussed ending your employment through redundancy or with a settlement agreement/compromise agreement?

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There will be times when an employee’s conduct or performance falls short of what is expected of them in their contract of employment, or they believe that they have been treated unfairly at work.

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The TUPE Regulations are in place to preserve employees’ rights when a business is transferred to a new employer. The Regulations can apply to organisations of all sizes when a business is sold.

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From the recruitment process, through to issues such as TUPE, training from expert employment solicitors can help you to use the law as a positive framework to implement the best employment practices.

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A written contract of employment is a legal requirement as part of the employment relationship and failure to provide one can leave both parties unclear about their rights and responsibilities.

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Settlement agreements, which used to be called compromise agreements, can play an important part in ending an employment relationship, but there are some important legal safeguards.

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Severing ties with a director or senior executive comes with countless decisions about how to protect your business.

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Whether it is direct or indirect discrimination, a case of harassment, or failure to promote diversity, the Equality Act makes discrimination unacceptable in the workplace.

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It is easy for important steps to be missed during a staff crisis however, each vital step may be a legal requirement. An omission that could have a serious impact upon your business.

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Employers should enter into a period of consultation with their employees, giving them information on why the redundancies are necessary and if there are any alternatives available.

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Whilst it is better to try to resolve a dispute directly with an employee, there will be times when it simply is not possible. In those cases, you may be called before an employment tribunal.

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As an employer you have to be cautious with how you deal with dismissals in order to not be accused of an unfair dismissal.

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Failure to comply with employment legislation can be devastating for a business. Compensation awards for unfair dismissal claims can be in excess of £75,000 and awards for discrimination are unlimited.

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Our team has extensive experience of settling claims arising from a wide variety of accidents and injuries suffered in the workplace.

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Whilst a trip to the beauty salon may conjure up images of relaxation and pampering, many services use potentially harmful chemicals and machinery.

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Poole Alcock have a number of keen cyclists who commute to work and enjoy cycling as a hobby or as a competitive sport. We therefore understand the frustration that can occur.

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Every employer should ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

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The loss of a loved one is one of the most difficult situations in life we have to face, and the thought of bringing a claim for compensation at this time is a difficult one.

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An employer has a duty to eliminate or reduce exposure to vibration to as low a level as is reasonably practicable. In doing so, the employer should have assessed any risks in the task concerned.

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Suffering a head injury is understandably concerning for the victim and their family. It is important to investigate any potential brain injury that may have been caused.

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Tinnitus is any noise (for example, buzzing or ringing) in the ear and can be caused by exposure to excessive levels of noise, although there are other causes too.

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It is logical to think that if you are constantly carrying out the same physical task at work, such as lifting heavy boxes without a break, you may well develop a bad back.

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Common causes of road traffic accidents include other road users, poorly maintained roads, obstructions in the road and slippery surfaces. You may have suffered an injury.

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Accidents can happen at any time and in any place – in the street, at work, at the supermarket. If you think that another person or organisation was responsible for your accident then you may be entitled to compensation.

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Suffering a spinal cord injury can be a life-changing event, impacting on almost every aspect of your life. If the accident was not your fault, then financial compensation is often necessary.

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Removal of a child

In what instance could my child be removed from my care? Here are few...

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Removal of a child

30th November 2017

News : Divorce & Family

In what instance could my child be removed from my care?

Here are few examples on when there is a risk of your child being removed…

Police Protection Powers:

Section 46(1) of the Children Act 1989 sets out the police protection powers.

A child may be protected from harm in an emergency situation by a Police Officer taking the child into Police Protection, without a Court Order. This can be for a maximum period of 72 hours.

This tends to be when there is an imminent risk to the child. Additionally the referral is often made late at night or over the weekend.

They must be satisfied there is reasonable cause to suspect the child would otherwise be likely to suffer significant harm. This is intended to be a short-term remedy and the Act does provide for the child to be transferred to Local Authority accommodation at an early stage. When removed and taken into police protection, parents or anyone with PR for the child has no right to remove the child during the period of protection.

The police are not given PR. If the child’s continued detention is warranted, then the police may apply for an Emergency Protection Order (EPO) on the Local Authority’s behalf. Once the EPO expires, if it is felt that the child still needs to be accommodated then there should be an application made to the Court for an order.

Local Authority Powers:

The Children Act 1989 places a duty on Local Authorities to take reasonable steps to identify a child in need. Once a referral has been made, the Local Authority will decide within one working day whether to take action. Where the concerns are sufficiently serious, the Local Authority must carry out an initial assessment within seven working days.

Under section 31 Children Act 1989, the Local Authority can apply to the court for a child or young person to become the subject of a Care Order.

To make a Care Order, the court must be satisfied that certain ‘threshold criteria ‘have been met:

that the child concerned is suffering or is likely to suffer significant harm, AND

the harm, or likelihood of harm is attributable to:

  • the care given to the child, or likely to be given to him, if the Order were not made, not being what it is reasonable to expect a parent to give; or
  • the child being beyond parental control.

Section 20:

Basically, section 20 of the Children Act 1989  is about the Local Authority’s duty to provide a child with somewhere to live because the child doesn’t currently have a home, or a safe home:

  • there isn’t anyone who has parental responsibility for him (for e.g. an asylum seeking child who has come to the UK on his own);
  • the child has been lost or abandoned;
  • the person who has been caring for the child can’t provide him with a suitable home, whatever the reason for this and regardless of whether this is short term or long term problem

The local authority will ask parents to sign a ‘section 20 agreement’. This means the parents are voluntarily agreeing to let their children live in foster care. During this time the Local Authority carries out investigations and will encourage the parents to rectify the situation.

The Local Authority does NOT share parental responsibility under a section 20 agreement.

  • Parents must give valid consent to section 20 accommodation;
  • The parents must understand what they are agreeing to; they must have ‘capacity’
  • The parents must have all the relevant information
  • Removing a child under section 20 must be fair and proportionate
  • Parents must be told they have a right to take legal advice
  • Parents must be told they have a right to withdraw their consent

If you are presented with a section 20 agreement, please call us immediately. Do not sign anything before seeking legal advice.

Should you be faced with any of these scenarios please contact a member of our care team immediately on 01270 256665.

 

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