issue 39 Summer 2018
Hertfordshire Law Society Gazette
Attia Hussain gives keynote address Annual Dinner report on page 12
Also this issue: • Mobile Devices and Driving - when the law keeps pace with technology • Historic shift as women outnumber men practising as solicitors • What's in a name? and much more...
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Contents
Hertfordshire Law Society Gazette
Contents issue 39 Summer 2018
4
Council Members for 2018
12
Annual Dinner Report
23
FDAC & Non Lawyers
5
From the President
17
HSL Training Events
Review Hearings
6
Hair Today, Gone Tomorrow...
18
The rise in Legacy giving
26
Experts Under The Microscope
8
What's in a name?
19
The Open Spaces Society
28
Dreamvar: A PII Perspective
9
Solicitor Degree Apprenticeship
20
Care Crisis: FDAC
32
Vetting Care Workers
10
Keeping pace with technology
21
Volunteer for the SBA!
34
In-house staffing problems solved!
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Published: Summer 2018 Legal Notice Š East Park Communications Ltd. None of the editorial or photographs may be reproduced without prior written
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DISCLAIMER: the views expressed by the writers in this magazine are not necessarily those of the Hertfordshire Law Society
http://www.hertslawsoc.org.uk/
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Council Listings
Council Members 2018 President Attia Hussain Crane & Staples (Welwyn Garden City) Family Vice President Judith Gower Hertfordshire County Council (Hertford) Local Government Hon Secretary and Treasurer Claire Sharp Debenhams Ottaway (St Albans) Private Client Immediate Past President Stephen Halloran Lawtons Solicitors (Hatfield) Crime
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Members Robert Bedford Machins Solicitors LLP (Luton) Employment Nicholas Belcher Nockolds Solicitors Limited (Bishop's Stortford) Agricultural and Liquor & Gaming Licensing Marilyn Bell SA Law (St Albans) Family David Bird Crane & Staples (Welwyn Garden City) Private Client & Trusts
Penny Carey University of Hertfordshire (Hatfield) Academic Jeremy Chandler-Smith JCS Solicitors (Codicote) Sole Practitioner Steven Hamilton Taylor Walton LLP (Harpenden) Private Client
(From January 2018 until 31 December 2018) The Law Society Relationship Manager – East
Neil Johnson HRJ Foreman Laws (Hitchin) Civil Litigation
Jack Dunkley
Gary Smith Nockolds Solicitors Limited (Bishop's Stortford) Employment
Parliamentary Liaison Officer Judith Gower
Amanda Thurston Curwens (Hoddesdon) Family National Council Member Paul Davies Hamilton Davies (Stevenage) Employment, Family and Litigation
Hertfordshire Law Society Gazette
Editorial
From the President... We were delighted to be able to host our Annual Dinner on 07 June 2018, once again at the Old Palace, Hatfield. I am so pleased that the event was well attended and supported by local firms and I hope that everyone enjoys the photographs which can be found in this issue and also online. We also had the pleasure of hosting the Presidents from Peterborough & District (Belinda Smith), Berks, Bucks and Oxon (Simon Stone), the Hon Secretary of Cambridgeshire & District (Clare Pilsworth) President of the Beds, Bucks & Herts Chartered Accountants (John Sheehan) , the Mayor of Welwyn & Hatfield (Councillor Barbara Fitzsimon) and our guest speaker the incoming Vice President of the Law Society, Simon Davis. I want to say thank you to all those who assisted in the planning of the Dinner, without the hard work of everyone involved with the Dinner Planning Committee it would not have been the success that it was. I would like to give special mention to Sheryl Hartigan, Stacey Balkin and our Events Planner, Kate Adam of Meredith Marketing . Also thanks to Claire Sharp the Treasurer and Honorary Secretary of HLS and Judith Gower the Vice President of HLS.
HLS is maintaining its commitment to members this year by running a diverse range of professional development events. We ran a Conveyancing professional development event in May and I am pleased to announce that we will also be running an event on 5 July for Private Client practitioners at the University of Hertfordshire with speakers from Radcliffe Chambers. I would urge members to please attend the event as it is free for HLS members and therefore good value for our member firms. I outlined at the conclusion of my speech on 7 July that the Hertfordshire Law Society is one of the oldest Law Societies in the country and I reiterate again that we will strive to become a beacon for the modern solicitor whist maintaining our proud historic roots. Attia Hussain President, Hertfordshire Law Society a.hussain@crane-staples.co.uk Twitter: @HertsLawSoc HERTS LAW SOCIETY PRIZE 2018
Huge thanks also to our sponsors PSG (our headline sponsor), Dictate Now, Radcliffe Chambers, Coram Chambers and Tikit for their kind support and sponsorship without which HLS cannot continue to hold events like the Annual Dinner. I want to give a special thanks to Nick Wild and his team at PSG Herts & Beds for their continued support and sponsorship, not just of the Annual Dinner but for our professional development training events, which means that members of HLS can continue to enjoy training events free of charge. Dictate Now provided not only sponsorship but also the generous donation of an iPad towards the raffle prizes in aid of the Solicitors Benevolent Association. I am so pleased that the speeches from both Simon Davis and me were so well received by those who attended and I was humbled by the standing ovation I received in response to the serious topic of diversity in the legal profession. The Council and I were really pleased also to announce the launch of our twitter account @HertsLawSoc. We have really enjoyed seeing all the tweets and pictures from everyone and we are keen to be able to communicate with our members in this more interactive and direct way.
http://www.hertslawsoc.org.uk/
Congratulations to Laura Tettmar-Saleh of Taylor Walton, the winner of the Hertfordshire Law Society 2018 prize for the trainee solicitor with the highest LPC score, pictured with Simon Davis, the incoming Vice President of The Law Society. We at HLS look forward to following Laura’s legal career with interest. We hope firms will apply again next year and we look forward to seeing whether or not Taylor Walton can continue their winning streak!
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Editorial News
Hair today gone tomorrow
I
am a member of Watford Joggers running club and we like to connect with our local community in which we run. Running around the streets of Watford it is ever more noticeable that homelessness, rough sleeping and precarious housing is an issue in Watford, as it is nationally. I wanted to do something positive to not only raise funds but also to
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highlight the facilities and services that New Hope offers to those who find themselves in need of advice or emergency housing. Shaving my hair off seemed a small sacrifice if it meant that it raised much needed funds for this very worthy cause. This winter was particularly cold and wet and very miserable for those out on the streets. The local authority provides funds to New Hope, to provide emergency beds when the temperature drops below zero. New Hope also provides advice and assistance for people vulnerably housed and works with individuals who have addictions to help them secure housing and address the underlying issues. The Homelessness Reduction Act 2017 has now come into force, this places a duty on the local housing authority to provide advisory services, free of
charge, to any person in the authority’s district. Whilst this is unlikely to solve the issue any time soon, it is a step in the right direction. Now we just need more affordable housing! Kika Watford Solicitor Hertfordshire County Council
Hertfordshire Law Society Gazette
Editorial Articles
What's in a name?
R
obbery Bottom Lane. That’s my favourite road name in Hertfordshire. It could have been Bread and Cheese Lane where I played as a child, but at that age it didn’t really seem that odd a name to me. Now I am at Gresley Close, named in honour of Sir Nigel the locomotive engineer and designer of The Flying Scotsman and Mallard, presumably as the land was formerly railway sidings located just north of Digswell Junction Cottages. A nicer choice of name than The Sidings maybe but both give an indication as to the past use of the land on which the property has been built. So, should I be concerned that my current locale was once potentially contaminative in nature? I doubt the residents of Robbery Bottom Lane are concerned that they may get flagged down to the call of “Stand and deliver!” when they return home of an evening. However, maybe we should pay greater attention to a road name before we purchase that dream property. Environmental Consultants at Groundsure use road and street names as an initial indication when assessing properties in the reports that they provide for conveyancing solicitors acting on our behalf. Tanners Crescent, The Tannery, The Foundry, Works Road and several Mill Lanes are built on potentially hazardous historical land uses. Information available to Consultants enable them to identify and verify the land use plus any remediation that may have taken place. There are some five Watery Lane’s in Hertfordshire. Modern flood modelling data used by
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Groundsure often supports the picture of their watery past whether affected by rivers, surface water, groundwater or an historically recorded event. Chalkdell Fields, Chambersbury Lane, Sandpit Road, and Gravelly Lane all hark back to our extensive mineral extraction legacy within the county. However, with the recent sinkhole events at Oatridge Gardens and Fontmell Close and the historical chalk mines in Highbarns and Chantry Lane, the names of these roads would have given no clue as to what lies beneath. Fortunately ground stability searches within an environmental report or a specialist ground and mining risk assessment help identify and translate historical ground risks into clear, accurate and reliable advice. And so, it shouldn’t really come as much surprise that those leafy homes in Mardley Wood, The Dell, Copse Hill and Woodland Way are subject to a Tree Preservation Order. Similarly, the picturesque hamlets of Letty Green, Tea Green, Peter ’s Green, Ayot Green and Burnham Green as well as the pretty pockets of green at Shephall Green, West Common, East Common and North Common have properties with a lovely outlook but also potential problems with access rights across a Village Green or Common Land. But at least you can freely graze your livestock.
The aptly named Watery Lane in Turnford showing Groundsure flood data restrictions in locally historical sites. Designated areas in the vicinity of Verulamium in St Albans can be considered subject to archaeological sites where planning permissions may be subject to a recording condition. Prae Close is tucked in close to Verulamium and not too far away are Augustus Close, Claudian Place, Flavian Close, Lindum Place and Antonine Gate – all as homage to the Roman past of this area. Less well known, are the thoroughfares of Minerva Close, Neptune Gate, Jupiter Gate, Gordian Way, and Fortuna Close in the Chells area of Stevenage – all reference to the extensive Roman find in 1986 before residential development. There’s Seven Hills in Rome – Six Hills in Stevenage. Of course, a simple name doesn’t tell the whole story and the lapse of local history over generations together with our
increasingly transient nature as homeowners means that we can be less informed as to the former land use of our personal corners of this green and pleasant county. But the experts are on hand so that whilst the residents of Robbery Bottom Lane can rest easy in their carriages, the rest of us should be happy knowing that historic and current information is available to set our minds (and those of our mortgage lenders) at ease. The Property Search Group provide an array of information from Local Authority searches, Environmental, Planning, Mining and Subsidence reports, Common Land and Village Green enquiries and copies of Tree Preservation Orders. Contact us: nickwild@ propertysearchgroup.co.uk. Free samples are available to all HLS members!
Groundsure overlay of current Welwyn Garden City street network with 1922 land uses
Let’s not forget the Wallbank’s Case that set a precedent for the Chancel ‘industry’ was centred around their property named Glebe Farm in Aston Cantlow. Beware residents of various Glebe thoroughfares. Similarly, there may be planning
Hertfordshire Law Society Gazette
Education
Solicitor Degree Apprenticeship
F
rom September 2018 the University of Hertfordshire’s Law School will be offering a new six-year solicitor degree apprenticeship programme, creating a new training route in the legal profession. Additionally, from September 2019, Hertfordshire Law School plans to offer a two-year accelerated option, for apprentices who are already law graduates.
Both programmes aim to prepare apprentices ‘…to be able to…perform their role effectively and provide consumers of legal services with a clear indication of what they can expect from their solicitor’. This is the Solicitors Regulation Authority’s (SRA) Statement of Solicitor Competence (SoSC) and will be met by passing the Solicitors Qualifying Exam (SQE, both parts 1 and 21) and by meeting the requirements of the Institute for Apprenticeships (IfA) published Standard ST02462. The Standard is based on the SRA’s SoSC and once achieved, along with the assessed work-based portfolio (analogous to the conventional Training Contract in that it requires the completion of required skills including, writing, drafting, advising and research), will satisfy the SRA’s regulatory framework for qualification as a solicitor. The programmes enable apprentices to develop a high level of skill, knowledge and understanding to the standard expected of a newly qualified solicitor whilst developing a positive professional persona.
version requires evidence that the apprentice has already graduated in law and will have sufficient opportunity to meet the assessed work-based portfolio requirements of the IfA Standard for solicitor. Both programmes require attendance at the University for at least one day a week across three semesters. ‘Tuition fees’ for apprentices are paid for by their employers and the exact mechanism for this depends on whether the employer is a ‘levy’ or ‘non-levy’ payer3. The programmes have been designed to support professional development by offering a demonstrably high-standard of education and training, as evidenced by the University having recently been awarded gold standard in the Teaching Excellence Framework 2018. Apprentices are provided with the legal knowledge, practical skills and competencies for a career in the legal profession as solicitors, which is achieved by integrating the requirements of the IfA and the demands of the SRA into course delivery and authentic assessments to mirror what solicitors are required to do in practice. Successful completion of the first four years of the sixyear programme entitles the apprentice to be awarded the degree, LLB (Hons) Legal Practice. These programmes provide an excellent opportunity for apprentices to qualify as
solicitors without incurring the debts of conventional degree routes, whilst gaining front-line practical experience and a salary for the duration of the programme. Furthermore, apprentices can practice their advocacy skills in the University’s replica court, in the £10 million Law Court Building and participate in a range of co-curricula activities. For businesses, degree apprenticeships are an effective way of training and developing new and existing staff and are known to have a positive impact on retention and productivity. Employers will also benefit from being able to provide tailored training for their apprentices and assess their suitability over six (or two) years. Employers partnering with the University will be supported throughout the apprenticeship, in addition to having access to a wide range business services and facilities. To discuss these programmes further please contact Christopher Menzies (Programme Leader) via c.menzies@herts.ac.uk. From 2020 all potential ‘solicitors’ will be required to pass the SQE regardless of their route in to the legal profession as solicitors. 2 www.instituteforapprenticeships.org/ apprenticeship-standards/solicitor 3 www.gov.uk/government/publications/ apprenticeship-levy-how-it-will-work 1
Entry to the six-year programme typically requires a minimum of 96 UCAS points (or equivalent) whilst the two-year accelerated
http://www.hertslawsoc.org.uk/
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Editorial Articles
When the law keeps pace with technology – mobile devices and driving
F
rom June 2018, there is to be a significant development in relation to the use of mobile technology for drivers and users of motor vehicles. As it stands, the law prohibits a driver of a motor vehicle using a telephone or interactive mobile device when driving a motor-vehicle. The Highway code rule 149 emphasizing that a driver “must exercise proper control of…the vehicle at all times….[and]…must not use a handheld mobile phone, or similar device when driving”. For obvious reasons, it was accepted that there is a real danger of drivers being distracted by the use of mobile technology and handheld devices. Quite properly, the law has been updated over previous years to ensure that it does not on unduly restrict technological advances whilst also ensuring safe driving and responsible driver behavior. It is often a challenge for legislative changes to keep up with technological advances. However, the clear advancement in technological improvements to facilitate and progress road safety have led to manufacturers developing in-car safety systems, such as advanced driver systems (ADAS). These have included adaptive cruise control systems (ACS), advanced emergency braking systems (AEBS) and active Lane keeping assistance (LKS), all of which take full control of the vehicle’s position and speed when being driven at high speeds. However, what remains is that the driver retains overall control of the vehicle and it is their ultimate responsibility to ensure that the use and management of the systems is done safely. As part of the increased focus on driver safety and automated systems, remote car parking systems have also been developed. Such remote car parking systems (RCP) can be run from a Device provided by the manufacturer of the vehicle itself or through a manufacturer endorsed application which is then installed on a mobile device, such as a smart phone. However, as it stands, the installation and use of such a device on a smart phone or mobile device would render its use incompatible with current legislation, such that at the end of 2017, beginning of 2018, the Department for Transport consulted on the need for legislative reform to allow for such technological advances to be implemented. The consequence of that Consultation is that the legislation has now been amended, effective from the beginning of June 2018, whereby a person will not be in contravention of the provision on the use of a mobile device if that device is being used “to perform a remote controlled parking function of the motor-vehicle… and the mobile telephone or other device only enables the motor-vehicle to be moved where the following conditions are satisfied: • There is continuous activation of the remote control application of the telephone or device by the driver; • The signal between the motor-vehicle and the telephone or motorvehicle and the device is maintained; and • Distance between the motor-vehicle and the telephone or the motorvehicle and the device, as appropriate, is not more than 6 m. The Highway code has also been updated to reflect this legends list to the amendment, with a clear stipulation that the mobile App or device must be legal do use must not put other people in danger at any stage. It is anticipated that further regulatory changes will be made in the coming years as increased focus is placed upon the automation of driving and the necessity for a robust and safe framework to exist around it. To ensure that such changes are not incompatible with the law and that the law does not unnecessarily frustrate such developments there is a balance that must be carefully managed. Stephen Halloran Solicitor, Lawtons Solicitors
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B
ob Wagstaff is the managing director of this company. He was a time served Engineering Technician prior to joining the Police Service, he has served for 30 years in Bedfordshire Police with the last 23 years as an expert in the field of collision investigation. During his service within the Police he has investigated many fatal, serious injury and life changing events, including a number of murder investigations and ‘Cash for Crash’ jobs the most notable being “Operation Exhort” a £3.24 million fraud case. Since 2015, following retirement from the Police Service, he has remained active in the field of collision investigation working as a consultant Bob Wagstaff was the Senior Collision Investigator for Bedfordshire Police and for the Collaborated unit of Bedfordshire
Bob has been commended by the Chief Constable on a number of occasions for his work in the field and most recently commended in open court by the Deputy Coroner, Mr Oldham for his services to the Coroner’s and to the county of Bedfordshire in the role of Collision Investigator. He has continued to develop his skills maintaining a portfolio for Continued Professional Development (CPD) and was registered with Council for Registered Forensic Practitioners (CRFP) in the specialist discipline of Road Transport (Collision Investigation and Vehicle Examination). Bob Wagstaff is currently the External Examiner for De Montfort University overseeing the UCPD, Cert HE and the FdSc courses in Collision Investigation. Bob Wagstaff has written and verified approximately 850 reports in his career and has given evidence on a number of occasions at Magistrates / Crown Court, and has presented evidence on numerous occasions at a number of different Coroners courts.
Tel: 01525 864 852 or 07917 208 308 Email: bob@wagstaffforeniscs.co.uk 9 Sharp Close, Maulden, Bedforshire, MK45 2BZ, United Kingdom
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Editorial Annual Dinner
Hertfordshire Law Society Dinner 2018 T
he HLS returned to the splendid and historical Old Palace at Hatfield House for the 2018 Annual Dinner. Hosted by this year’s President Attia Hussain, over 120 guests gathered for an evening of entertainment and inspiration. We were also delighted to welcome Simon Davis, incoming Vice President of the Law Society as our guest speaker.
Champagne reception in the stunning gardens
Magician Eddie Farmer dazzled guests during the drinks reception in the beautiful gardens before Toastmaster Reg Parsons announced dinner. The undoubted highlight of the evening was Attia’s passionate and hard-hitting speech which received a standing ovation. Combining moments of light hearted humour, from selfies to becoming Perry Mason and having the chance to say “That sir is irrelevant, incomplete and immaterial!”, she also spoke about the serious topic of diversity in the legal profession, saying:
Magician Eddie Farmer dazzles guests
“The struggle for women and in particular those of an ethnic minority to be promoted to leadership positions in society is still an issue and something that needs to be addressed. “Diversity means a mix of skills, of knowledge and experience and it can widen and deepen the client base, support innovation and improve profitability. Improving diversity gives firms a competitive advantage and clients expect to see diverse teams supporting their needs, reflecting the gender, ethnicity, disability and sexual orientation of wider society. More needs to be done to improve the representation of all groups, particularly in senior roles.”
Toastmaster Reg Parsons
The latest news from the Law Society finds that women are surpassing men in making up the profession. Attia concluded by saying how proud and honoured she was to be President of the Hertfordshire Law Society. HLS has been electing women to Council leadership for many years. Attia was particularly proud to serve as the first Asian President of the Hertfordshire Law Society. HLS has joined the world of social media with the launch of its Twitter account @HertsLawSoc Please follow, post and share your news.
President Attia Hussain with Christl Hughes of SBA
Official photography by Jeremy Banks www.jeremybanksphotography.com and available to download free via Dropbox.
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Hertfordshire Law Society Gazette
HLS Council 2018 and Simon Davis
Simon Davis
http://www.hertslawsoc.org.uk/
Attia Hussain gives her speech
Attia Hussain with Her Honour Judge Mellanby
Vice President Judith Gower praises the newly qualified solicitors
Standing ovation - Past President David Bird
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Editorial Annual Dinner
G
uest speaker Simon Davis – Incoming Vice President of the Law Society – commented on the incredibly warm welcome he received on the evening from HLS, one of the oldest Law Societies in England. In a warm and gracious speech he acknowledged the ‘up for it attitude’ and talent of the HLS and how he would be promoting this to other Law Societies around the country. He also spoke passionately about the role of Solicitors as trusted advisors in a privileged relationship with their clients and his plans within the Law Society to work on behalf of all Solicitors to fight their corner to enable them to do their best work. Over £600
was raised from the raffle in aid of chosen charity the Solicitors Benevolent Fund. Sixteen newly qualified solicitors were congratulated on their achievement, with Laura Tettmar-Saleh of Taylor Walton, winning the Hertfordshire Law Society 2018 prize for the trainee solicitor with the highest LPC score. The last surprise of the evening was dancing the night away to His Honourable Judge Perusko and his band Time Flies – along with photo booth antics, photo booth generously sponsored by PSG.
Newly Qualified Solicitors Elizabeth Russell
Crane and Staples
Georgie Donnellan
Crane and Staples
Tom Axon
Braddon and Snow
Beth Kivelä
Rayden Solicitors
Jodie Moore
Rayden Solicitors
Tom Bottomley
Ewart Price
Adam Dunkley
Nockolds Solicitors
Dane Proctor
Nockolds Solicitors
Megan Wickens
Nockolds Solicitors
Kirstie Philpott
Nockolds Solicitors
Stephanie Rabbits
Taylor Walton
Taryn Brandt
Owens Solicitors
Adam Matthews
Debenhams Ottaway
Laura Coad
Debenhams Ottaway
Robyn Adams
Debenhams Ottaway
Tom Marshall
Debenhams Ottaway
Winner of HLS prize Laura Tettmar-Saleh with Simon Davis
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Sponsors Coram Chambers
VP Judith Gower with colleagues Megan Badke and Sarah Cunningham from Herts CC
Headline Sponsors PSG
Hertfordshire Law Society Gazette
HHJ Patrick Perusko fronts the band Time Flies
Drawing the raffle prizes Herts Junior Law Society Division Chair Tom Axon and Vice Chair Elizabeth Russell
Attia Hussain and Simon Davis with Annie Downes and Daniel Park from sponsors Dictate Now.
Thank you to our generous sponsors: headline sponsors
http://www.hertslawsoc.org.uk/
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Education
Herts Law Society Training Events for volunteering their time for HLS.
O
n 10 May, HLS with PSG ran a conveyancing professional development event at the University of Hertfordshire.
HLS would wish to thank PSG and all our speakers including Helen Denton of Hertfordshire County Council, Paul Addison from DevAssist Ltd, Tracey Harvey Head of Planning and Building Control of St Albans City & District Council, Nick Treble from Groundsure, and Tim Longden from Terra Firma Ltd
http://www.hertslawsoc.org.uk/
The Hertfordshire Law Society in conjunction with PSG and Radcliffe Chambers will be hosting a Private Client professional development event ‘Common Problems for Private Clients’ on 5 July, with registration from 6.00pm at the University of Hertfordshire, De Havilland Campus, Hatfield, AL10 9EU. The event is free of charge to Members of Hertfordshire Law Society.
Cambridgeshire & District Law Society
Bedfordshire Law Society
Peterborough & District Law Society
Berks, Bucks & Oxon Law Society.*
Local Law Society Annual Dinners HLS would like to thank other local Law Societies for kindly inviting us to their events and sharing their ideas to support and assist HLS. * The guest speaker was Joe Egan, President of The Law Society
Peterborough & District Law Society
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Charity Editorial
Tracking study indicates steady rise in legacy giving 0
9 APRIL 2018 – LONDON, UK – Over a quarter (27%) of charity donors are preparing to leave a charitable legacy or have already done so (up from 23% in March 2009), according to the latest consumer tracking figures from Remember A Charity. Only 9% reject the prospect of making a legacy donation, down from 13% when the consortium’s tracking study began in 2009. The research also indicates that awareness of legacies is growing, with just 12% of those surveyed saying they are unaware of the option of donating to charity through their Will (down from 17% in 2009).
For more information see Remember A Charity’s new Impact Report. MEDIA QUERIES: Remember A Charity Jenny Turner: jenny@turnerpr.co.uk on 01932 859617/ 07940 472653 Lucinda Frostick: lucinda@turnerpr.co.uk Stages of Change The Stages of Change tracking study is carried out by nfpSynergy. Conducted via an online poll, the study collates the views of over 1,000 charity donors aged 40+. Six stages of change for legacy giving: active rejection, precontemplation (unaware), pre-contemplation (aware), contemplation, preparation and action.
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Rob Cope, director of Remember A Charity, says: “Legacy behaviour and attitudes are really starting to change. While we are likely to see some fluctuation year-on-year, now with nine years of comparable data, we can see a sustained shift in public attitudes towards legacies. This echoes findings from Legacy Foresight and Smee and Ford, showing longer-term growth in the number of gifts in wills and charities benefitting, as well as the amount given. “Bearing in mind that only 6% of people that die currently leave a legacy, even a small percentage increase can make a big difference in terms of charitable returns.” The research, carried out by nfpSynergy, looks at the attitude and awareness to legacy giving among 1,000 UK charity donors aged 40+ on a scale ranging from rejection to action1. One in six (16%) of the over-40s questioned in 2017 say they have written a charity into their will (the second highest figure on record behind its peak of 17% in 2015) and 11% say they are preparing to do so (up from 7% in 2015 and 9% in 2016). A further 13% say they are contemplating it. Cope adds: “It’s an exciting time for the sector, but with more and more charities coming into the marketplace, there is even greater need for organisations to invest in this area of fundraising and ensure they can continue to rely on such a vital income stream.”
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Hertfordshire Law Society Gazette
Charity
The Open Spaces Society T he Open Spaces Society is Britain’s oldest national conservation body. In its early years it saved many commons and other open spaces in and around London: Hampstead Heath, Epping Forest and Wimbledon Common for example. In 1866 it organised a trainload of navvies to march to Berkhamsted Common by moonlight and fell the unlawful iron fencing which Lord Brownlow’s estate had erected on the common. As a result of the society’s efforts the land has remained open to this day.
In 1895 the society’s founders and early activists created the National Trust as a landholding body. The society then established local committees who raised money to buy threatened properties for the Trust. For instance, the society enabled the National Trust to acquire Hudnall Common, near Little Gaddesden, in 1937. Common is land which has an owner but over which others have rights, of grazing or collecting wood for instance. It goes back to pre-mediaeval times and is of great historic and cultural interest. Now, thanks to the society and other organisations, the public has the right to walk on all commons and to ride on many. Anyone wishing to carry out works on common land must obtain the consent of the Secretary of State for Environment, Food and Rural Affairs; the society is a statutory consultee for such works. The society scrutinises every application for works on common land or proposals to exchange areas of common and objects where the proposals are against the public interest. Recently, for instance we successfully opposed a damaging common-land swap at Therfield Heath, Royston, saving the land from development. We also advise communities on protecting their green spaces, by registering them as town or village greens. In Hertfordshire we have helped communities to register village greens at Benslow Field, Hitchen; Croxley Green, Rickmansworth and Waterside, St Albans among others. This gives local people the right of recreation there and protects the land from development. We also promote the concept of Local Green Space as a means of protecting locally-loved open spaces.
Web: www.oss.org.uk Tel: 01491 573535 Email: hq@oss.org.uk Registered in England and Wales, limited company 7846516 Charity no 1144840
Our history of defending public paths in Hertfordshire goes back a long way: in 1896 we founded the Middlesex, Hertfordshire and Buckinghamshire Footpath Association as a branch of our society. Today the society is notified of all proposed changes to public paths in Hertfordshire and we study them carefully, objecting if we believe the change is not in the public interest, or arguing for a better deal for the public with increased widths and better surfacing. The society’s local representatives defend the public-path network and we advise our members on protecting commons, green spaces and paths, taking up hundreds of cases each year. We lobby parliament for better, tougher laws. We have no public funding; we depend on legacies and donations to support our vital work.
http://www.hertslawsoc.org.uk/
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Editorial Articles
Care crisis: Family Drug and Alcohol Court (FDAC)
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n the same week as we saw the launch of the Care Crisis Review, undertaken by the Family Rights Group with the support of the Nuffield Foundation, came the news that the Family Drug and Alcohol Court (FDAC) National Unit has had to withdraw its application for funding to the Life Chances Fund because of lack of support from local authorities and that the National Unit would be closing in September because of the lack of continuing funding from central government. This is grim news, not least at a time when, as both I and my designated successor made clear at the launch, the care system is in crisis. FDAC is the most researched of the recent innovations in family justice. Rigorous, high quality academic evaluation, conducted by Professor Judith Harwin, has proved, conclusively, that FDAC works. As Professor Harwin’s evaluation has demonstrated, more children are reunified with parents if the case has gone through FDAC than through the normal family court, and there is significantly less subsequent breakdown. Similarly rigorous independent evaluation proves that FDAC saves the local authorities who participate significant sums of money: £2.30 for every £1 spent.
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FDAC is one of the most important developments in family justice in the last 40 years. It has grown from a single pilot in London to a service which is now available in many, though still not nearly enough, parts of the country. FDAC, like PAUSE, should be available to all parents facing the frightening prospect of losing their children to the care system and it is vital that both FDAC and PAUSE continue to be funded on a sustainable basis. FDAC and PAUSE are not alternatives; the one is not a substitute for the other. FDAC and PAUSE are complementary; we need them both. My ambition, as I have frequently said, is that every family in every part of the country should have access, depending on their circumstances, to either FDAC or PAUSE – something that too many at present are denied because of a postcode lottery. The continued expansion of FDAC is critically dependent upon the work of the National Unit, whose invaluable work, as midwife and then as health visitor, is so important in the planning, implementation and nurturing of each new FDAC. FDAC improves the life chances of some of the most vulnerable and marginalised parents and children in our society: it increases the sum of
human happiness and decreases the sum of human misery – and it saves the system money. While I very much hope that this latest development will not prejudice the continuing viability of the established FDACs, this profoundly disturbing news must be of immense concern to everyone who, like me, is passionate about the need to improve our family justice system for the benefit of the families, children and parents we serve. For those families and parents, unable at present to access FDAC, and who were anticipating the possible early arrival of an FDAC in their area, the outlook is bleak in the extreme. They surely deserve better of us. What this demonstrates is, dare it be said, a failure of imagination, of vision and of commitment by government, national and local. The Minister recently visited a settlement conference court. The visit, I would imagine, was valuable and informative. Would it not be possible for time to be found in the Minister’s no doubt busy diary for a Ministerial visit to an FDAC? Sir James Munby President of the Family Division
Hertfordshire Law Society Gazette
Wanted! Volunteers for SBA The Solicitors’ Charity
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BA is dedicated to supporting past and present solicitors and their families. We help colleagues across the UK by providing much needed financial assistance, advice and guidance. We want more people in the catchment area of Hertfordshire Law Society to know about SBA and what the charity can do to help in times of need or crisis. SBA is perhaps best known for supporting retired solicitors or their elderly dependants. These individuals invariably live on permanently low fixed incomes and SBA has been able to commit long-term financial assistance to help them retain their independence and dignity in later life. However, the overall demographic has changed significantly for SBA in recent years. Improvements in pensioner income as well as successive waves of contraction in legal services mean that the average age of someone approaching SBA for the first time today is now 46. Triggers for applying to SBA can be a complex mixture of personal and professional issues
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which often require specialist skills to tease out. This is why, when seeking new volunteers, SBA looks first to colleagues within the legal community. The SBA volunteer network is now some 70-strong and comprises current and retired solicitors from many diverse practice areas, who are all at different stages in their legal careers. Each person has their own reasons for volunteering but – whatever their motivation – they all have two things in common: they all understand the pressures of life in the law and they all want to make a difference by helping those who turn to the charity when times get tough. The main function of our volunteers is to support SBA’s application process by meeting applicants and beneficiaries on a one-to-one basis. These meeting usually take place in applicants’ homes. Where needed, volunteers assist with completing the application form and verifying relevant underlying documentary evidence on our behalf. The Area Representative’s report on their visit is critical in helping SBA assess the most effective way of providing help.
SBA is looking for people with excellent communication skills, the ability to listen, empathise and gather information without judgement and a commitment to confidentiality. 2017 saw SBA award £1.4M to support colleagues and their families but there is far more we want to do to reach solicitors in need. If you would like to discuss opportunities for volunteering for SBA, please contact Sue Ellis at sue@sba.org.uk T: 020 8675 6440. We’d be delighted to hear from you. A final word of thanks to everyone at Hertfordshire Law Society, for nominating SBA as the recipient for funds raised by raffle at the 2018 Annual Dinner. Proceeds will certainly be applied to help colleagues, former colleagues and their families in Hertfordshire.
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Articles
FDAC and Non-Lawyers Review Hearings
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atrick Peruško was one of the two District Judges who set up the Bucks and Milton Keynes FDAC in June 2014, running it until early 2017. He was appointed a circuit judge in Bedfordshire in November 2016 since which time he has been working with the three local authorities in Bedfordshire to establish a Beds FDAC. In this article he focuses on one key aspect of the FDAC approach, the non-lawyer review hearings, one of the central features of FDAC proceedings which differentiates them from standard care proceedings. THE PURPOSE AND PROVENANCE OF NLRs Non-lawyer reviews in FDAC (NLRs) are held fortnightly in addition to the usual hearings in non-FDAC care proceedings. Typically, an FDAC case includes at least 10 NLRs as well as the three hearings that are attended by lawyers for all the parties (the first hearing, the CMH and the IRH). No lawyers are present at NLRs because they are intended to provide an informal opportunity for parents to speak openly with the judge about how their case is going. Parents speak for themselves, rather than having their views presented by their lawyer. The NLR lasts 20-30 minutes.
The style needs to be warm and empathetic. The technique includes reflective listening, encouraging parents to believe that change is possible, exploring their ambivalence about the action needed, and using negotiation rather than conflict to promote change. In FDAC, it mirrors the inclusive, trauma-informed approach that underpins the specialist multi-disciplinary team working alongside the judge. The common components of problemsolving courts have been used by the FDAC National Unit to develop a set of 10 service standards (and accompanying practice indicators) that summarise expectations about the provision and ethos of an FDAC service that has fidelity to the FDAC model. These are now being used as the basis for regular audits of service development in local FDAC sites. Standard 8 stipulates that the procedure in court “acknowledges the role of the judge as a catalyst for change, nurturing a relationship with parents and giving families a voice in the proceedings.” There are two practice indicators for this Standard. One is that the judge engages parents in discussion with the professionals. The other is that parents and professionals are clear about what is expected of them during the hearing.
The parents’ key worker from the FDAC specialist team, the local authority social worker and the child’s guardian all attend the NLR. The role of the professionals is to support the judge in reviewing progress with parents and setting goals for the next two weeks. The NLR is also a forum where practical issues are discussed and solutions found. The judge leads the hearing, maintaining the authority of the court, but doing so in a less imposing atmosphere than when all the lawyers are present. Some judges hold NLRs in chambers rather than the courtroom. There is an expectation that everyone present – parents and professionals alike – have a responsibility to problem solve.
Two research reports provide insights into the role and practice of NLRs. One in 20142 explored whether the elements of a problem-solving court approach were present in the original FDAC pilot service. It concluded that they were. While some lawyers had initial reservations about hearings without lawyers present these reduced over time, helped by the circulation to all parties of a review report from the FDAC team ahead of the NLR and a minute of the hearing afterwards. The message was strong and positive: “This is the way care proceedings should be run.”
Problem-solving approaches in court draw on therapeutic jurisprudence1. This is the study of how the law and those who enact it can help or harm people’s well-being and mental health, and about alternative models, including specialist courts for particular problems. Therapeutic jurisprudence sees the judge as having an active role in resolving the problems that bring people before the court, with the judge using motivational approaches to promote adherence to treatment and address related needs. The benefits of the approach are considered to derive from a combination of style and technique.
The other study, in 20163, observed court practice in 10 FDACs in England. The style of the judges was tested against the practice and principles underpinning a problemsolving approach: building strong rapport with parents, praising them for staying on track with treatment plans, being clear about aims and consequences, and encouraging parents to take responsibility for their actions. The study confirmed that the FDAC approach was being followed by judges in all the sites visited and that the judges were unanimous in their enthusiasm for the model. They valued the frequency of NLRs and the
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EVIDENCE ABOUT THE VALUE OF NLRs
fact that something had always been done in between hearings, unlike in ordinary proceedings where time was described as “drifting for weeks on end.” The judges also welcomed the advantages of judicial continuity, echoing the views of parents and others in the earlier study. Seeing the same judge provided an incentive to parents to demonstrate what they could achieve and to do this with an authority figure who knew where they had started and how much they had struggled along the way. It also enabled judges to challenge parents from this same starting point. The knowledge that had accumulated over weeks and months provided a solid bank of information to draw and build on during each hearing. REFLECTIONS FROM CURRENT PRACTICE Patrick Peruško and Carole Burgher were the two District Judges who set up the Milton Keynes and Bucks FDAC in June 2014. Both were subsequently appointed to the circuit bench, HHJ Peruško in Bedfordshire and HHJ Burgher in Birmingham. Bucks FDAC were two of the 10 courts involved in the 2016 study. After a successful pilot this FDAC now has permanent local authority funding. Of the first 65 cases which progressed through Bucks FDAC only six ended with a contested final hearing. In only 4 cases were expert reports ordered. Below are some reflections by the judges on their work. NLRs are at the very heart of a successful FDAC. On day one parents are told very clearly that they have a 4-5 month period (we call it a ‘trial for change’) in which to evidence change. We explain that abstinence and honesty are non-negotiable and, importantly, we support them in an encouraging/motivational way. The parents build up rapport with the judge very quickly. They want to show you the progress they have made in the two weeks since you saw them last. They carry and complete, sometimes for the very first time, a diary with appointments and a folder of the work they are undertaking. If, as often happens, there have been difficulties (a negative test, a missed contact) there is open discussion about where the parent is in the cycle of change. The growing relationship between judge and parents fosters serious and honest reflection: it is not uncommon for a parent in a NLR to say that they have come to the conclusion that they cannot care for their child. One of the reasons why we find FDAC so rewarding as judges is that the NLR
process provides a humane way of both encouraging and challenging parents who are struggling to deal with their addiction and to meet their child’s needs. Parents feel empowered to have a real and loud voice in the process. Even in lawyer hearings the parents want to speak, and we encourage them to do so. No longer is the judge somebody that only lawyers can speak to. It is vital for social workers and guardians to be present. They can help resolve often small but important issues, such as contact and housing. We can lend a hand, like writing to housing officers in support of a housing application where a parent is engaging well in FDAC but we cannot pursue a rehabilitation plan unless accommodation is offered. Sometimes the attendance of other professionals can help, such as a worker from the local substance abuse service joining us to ensure there is a coordinated approach to a treatment package or intervention plan. In these ways problems can be averted or become solvable, often very quickly. FDAC, and in particular NLRs, require a very different judicial approach because the judge is one part of the team working together to motivate parents to sustain change as well as to watch for and solve problems as they arise. It does take a while to adapt to this way of working because it is contrary to the adversarial approach of non-FDAC care proceedings. What makes it so rewarding is the humanity it injects into the process. More often than not parents come away from proceedings feeling that they have been listened to and given a fair chance to parent. As we said to the researchers: “We have all been part of the normal care process for years. In many cases the outcome is predictable and the process perceived to be unfair. Parents are assessed, including their prospects for change, but without adequate support very little does change. That is why FDAC works: it gives parents the support they need. Importantly, it is humane, and the outcome for children is better as a consequence. Even parents who do not succeed acknowledge that they have had a proper chance. FDAC is fair. That is why so few cases end in a contested final hearing.” Wexler D and Winick B (eds) (1996) Law in a Therapeutic Key: Developments in Therapeutic Jurisprudence. Carolina Academic Press. 2 http://wp.lancs.ac.uk/cfj-fdac/ files/2016/11/FDAC_FinalReport_2014. pdf 3 http://wp.lancs.ac.uk/cfj-fdac/ files/2016/12/FDAC_COURT_OBS_REPORT_2016.pdf 1
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Expert Witness
Experts Under The Microscope
The work of the Expert Witness Institute (EWI) A comment by Phillip Taylor MBE Reviews Editor, 'The Barrister', and Head, Richmond Green Chambers
together with specialist lawyers (solicitors, paralegals and barristers), judges and, of necessity, some assorted politicians.
s we move into the mainstream digital age, the role of the expert is bound to change, especially with a much more highly educated workforce and compliance with the Civil Procedure Rules.
One of the more useful aspects of the recent conferences are the lively question and answer sessions which often highlight some of the more pressing contemporary... and controversial... issues. It’s quite amazing how much information can be gleaned from these sessions as we are listening to specific experts and their legal roles (and, sometimes, worries) about what is going on.
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And, it means, also, that the role of the Expert Witness Institute (EWI) will change. The best way to find out about change and to keep up to date is to be involved with the EWI as experts remain under the current judicial microscope. One of the great draws of the EWI is their annual conference held each year in London at the beginning of the autumn. High profile key-note speakers offer a most useful insight into what is happening in the legal world as it affects experts. Attendees include a large cadre of experts
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There have been some unfortunate comments recently about the use made of experts but we, as advocates, now tend to rely quite heavily on their testimony. And, probably, members of the judiciary more so. That is why an exchange of views is so helpful as the role of the EWI changes to meet demand. Their accreditation scheme is one of the new developments and of
use to the courts in the determination of very detailed and complex evidence. The EWI is not confined to medical experts, either. I have been attending their conferences for some years, mainly to cover the key-note speakers and watch developments, and I have been surprised at the wide range of expert evidence now available as cases tend to have become much more complicated and intricate. Mr Justice Spencer said, on his appointment as the new chair of the EWI: “It has never been more important to highlight the critical role expert witnesses play in supporting the proper administration of justice and to establish the highest standards of best practice”. And he is right, of course because the views of experts continue to be carefully scrutinised providing, as they do, a special relevance in all proceedings together with live witnesses.
Hertfordshire Law Society Gazette
Editorial Advertorial
Dreamvar: a view from the Professional Indemnity Insurance perspective
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ublicity surrounding the Dreamvar Court of Appeal judgement has left law firms reeling with many questioning how well protected they actually are when it comes to professional indemnity insurance. Headlines recently revealed the Court of Appeal judgements in Dreamvar Ltd v. Mishcon de Reya and P&P Ltd v. Owen White & Catlin but what does this mean to firms from a professional indemnity perspective?
In this article, Richard Grayson, Director for the PIB Insurance Brokers (PIB) Professions team has highlighted how the high profile case has left many firms asking the key question “are we actually insured under our SRA compulsory cover for the types of claims advanced?” They have outlined that, to most law firms, negligence and breach of contract are assumed to be covered under the SRA’s Minimum Terms and Conditions (“MTC”) compulsory insurance but what about claims against the firm for breach of undertaking, breach of trust and breach of warranty of authority? Grayson, who is also a former practising solicitor, has revealed the answer lies in the wording of the insuring clause required to be present by the MTC in all compulsory layer policies. It states that “the insurance must indemnify each insured against civil liability to the extent that it arises from private legal practice in connection with the insured firm’s practice”. Grayson said: “The key point here is the phrase “civil liability”. Essentially, firms are covered for claims arising from the work solicitors do i.e. “private legal practice”, and any form of civil liability claims arising therefrom. So, in short, the types of claims advanced in Dreamvar should be afforded cover under the firm’s compulsory primary MTC insurance both in terms of the actual claim itself and for attendant defence costs. “The nature of the cover provided by the MTCs is worth reiterating as we have experience of firms who have assumed that they were not covered for claims arising from, for example, a breach of warranty of authority and indeed wasted costs. Consequently, we would always recommend you seek advice from your broker should you be in any doubt about the cover you have purchased.”
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What of Dreamvar itself and how the insurance market is reacting? The issue at stake in the combined appeals was a fairly fundamental one, namely: “Who ought to bear the risk of loss when a fraudster pretends to sell a property?” The Court of Appeal’s answer is that the loss should be shared across the solicitors for the buyer and seller. Reiterating all of the technical legal argument which drove this result is unnecessary as it has been well rehearsed but how will the insurance market respond and will it affect premiums? Insurers look at statistical trends and actuarial analysis to assist in determining their pricing structure which, in essence, means areas of law that attract the most claims in terms of volume and value will inevitably be on the higher risk side for Insurers. Consequently, property work has always been rated as high risk in stark contrast to criminal work where comparatively few claims arise. According to government figures, there are approximately 1.2 million residential conveyancing transactions per annum, representing a value of over £300 billion and according to figures from the Land Registry published in the Financial Times* last December, “the value of property identity fraud cases has more than tripled since 2013 when it was £7.2m, hitting £24.9m in the year to April 2017”. The Land Registry has a counter fraud team which works closely with the police and other agencies to reduce the risk of property fraud. Since September 2009, it has prevented frauds on 254 applications; representing properties valued in excess of £117m. Grayson added: “Insurers have generally collected around £225 million per annum in premium from the profession for the compulsory MTC cover. The reality therefore still remains, using the most basic maths, that these types of fraud are relatively rare in number and we can reasonably assume that not all funds were irrecoverable and that not all of the cases mentioned above led to claims against law firms. “The leading question, therefore, is will Insurers look to increase premiums for those firms who undertake conveyancing?
“Each Insurer will have their own claims statistics, relating to their own portfolio of Insured firms, which they will consider when setting premium levels but they will also look at risk more generally and the statistics mentioned above might suggest that although Dreamvar in isolation created a storm, it may well be in the proverbial tea cup.” Property claims continue to hit insurers not least from cyber related fraud but also investment led, high yield, property transactions such as student accommodation, nursing home units etc and this, combined with Dreamvar and a more general concern about a property crash around Brexit, may lead to much more scrutiny around conveyancing practice and premium levels. Grayson concluded: “Our advice to clients is to look carefully at your conveyancing risk management protocols around client selection and identification, review your cyber fraud and banking risk and, in Dreamvar terms, look for the transactions which may show red flags toward a possible fraud. For example, unmortgaged, vacant at the time of possession, high value and the seller is living abroad and wants a speedy completion. “Insurers will, in all probability, want more detail from firms about these issues so in one sense, Dreamvar has provided an opportunity to consider your conveyancing risk profile more carefully and in readiness for a renewal (if you have one) on the 1st October. “Speaking as a former practising solicitor who undertook property work, I know that those who work in this field are resilient and innovative. There have been innumerable threats to property lawyers over the past three decades be it for example, claims trends, economic upheaval or digitisation and invariably the profession has risen to those challenges and drives on. I expect the same post-Dreamvar.” If you would like to know more or if you have any specific issues you would like to discuss relating to this topic, please contact PIB on 0121 647 7401 or at enquiries@pibinsurance.com *Source: Financial Times Help My House has been hijacked Fake tenants adopt a property owner’s identity and sell the property https://www.ft.com/ content/b195fb02-2fde-11e7-9555-23ef563ecf9a
Hertfordshire Law Society Gazette
Editorial Advertorial
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S
ince the introduction of PD 12J (2nd October 2017) and Part 3A of the Family Section
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Hertfordshire Law Society Gazette
Editorial Advertorial
Don’t Assume Your Care Worker has been interviewed and vetted by your Care Agency I
f you are paying a care agency to provide you with care workers, do you assume that your care provider has met the carers they send through your front door? Do you assume that checking and vetting of the care worker had been done by the organisation you are paying?
Care workers can now apply online, scan their references in online and receive an interview without moving from their own home.
Most people and their families would give the answer ‘yes’.
An interview where the potential candidate should arrive on time, be dressed appropriately and greets the interviewer with friendliness and professionalism.
However, this is not always the case as the increasingly ‘modern’ idea of interviewing potential care workers by Skype or by ‘obtaining’ care workers internationally becomes more common.
Care is not just about a form on which you can type your credentials to be a care worker, a completed form is the first stage which should, in my view, only have the possibility of leading to a person ‘face to face’ interview.
An experienced recruiter will spend the time asking questions, analysing the answers, observing
body language, checking documentation brought to the interview and will always have at the back of their mind ‘would I let this person look after one of my family members?’ Can a Skype interview from a person’s home or other location be as reliable and trustworthy as a face to face interview? Arriving for an interview, is an indication of the commitment of the potential care worker. As a care provider we continually receive emails from European recruitment agencies offering to ‘sell’ us care workers or as an alternative, commission when they work. Care workers will then arrive, and their documentation and experience will have been
• Fraud, including evasion of VAT and Excise Duty
vetted by persons unknown. Able Community Care has its own recruitment department, interviews and vets all it’s care workers in a comprehensive process. We do find forged documents, false referees and information given which turns out to be untrue. Of the thousands of care providers in the UK, the majority will follow the expected recruitment procedures but to make sure, it is always worth asking any care provider you may want to care for you or your family questions about their recruitment processes. Angela Gifford MD of Able Community Care info@ablecommunitycare.com
• Directors misfeasance & disqualifications • Wrongful and fraudulent trading
• MTIC, advance fee and boiler room • Partnership and directors disputes • False accounting and money laundering • Business valuations • Charity, PAYE fraud and tax cheat • Mortgage fraud • Drug offences • Proceeds of Crime Act (POCA)
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• Preparation of detailed reports which clearly set out the issues and conclusions • Assistance at Court including Expert to Expert consultation and giving evidence • Appointment as joint expert
Hertfordshire Law Society Gazette
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Editorial Advertorial
Catch-all solution to in-house staffing problems: outsourcing! By Julian Bryan, Managing Director, Quill
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very employer knows that, at some point in their life, employees will be absent and depart their place of work. Such matters are not always possible to predict. That’s the main reason for the immense popularity of outsourced cashiering services as a more reliable alternative to in-house staff. Businesses have a real fight on their hands when they’re understaffed because it’s unfair to expect other people to share their absent colleagues’ additional workload. The same argument applies when staff are departing. It’s a similarly tough challenge allocating sufficient time to the recruitment process. On top of pre-existing responsibilities, adequate attention should be given to the advertising, shortlisting, interviewing, selection and initiation processes. This is too tall an order for most companies. The preferred way to man a business is outsourcing. With this type of set up, staffing is constant. Typically, firms will be allocated a named cashier. Just like anyone else in employment, there will be occasions when this cashier’s off work. Unlike a traditional set up, however, an assigned deputy will pick up the workload until the cashier’s return. It’s seamless. No service interruption. Ever. Here we’re going to address some of the causes of absent and departing cashiers to demonstrate exactly what employers can find themselves up against… 1. Cashier retiring? The combination of an increased life expectancy and governmentintroduced austerity measures mean that the state pension retirement age is now 67. In theory, while this is good news for employers, who get to keep valued employees for longer, in reality it’s actually possible to retire on a state pension as soon as age 55. It’s new pension reforms that are enabling people to build up bigger pension pots thereby giving them greater freedom to retire early. 2. Cashier resigning? Retirement aside, there are multiple other causes of employees to quit their jobs in order to progress their career elsewhere. Staff turnover is a real issue for today’s employers, and a talent management strategy and succession planning are essential elements of a senior leadership team’s toolkit. 3. Cashier on holiday? Holiday entitlements are typically around the 25-day mark of paid annual leave each year, often escalating with length of service. While holidaying employees don’t cause a notable problem for much of the year, there are peak holiday periods when it does, school summer months and Christmas amongst them. During these times, organisations are stripped right back to a core staffing structure. While staffing problems will be magnified in holiday season, all employers have to accept that staff members will request days off work in order to spend time with family and friends, most likely at the same time as other colleagues. 4. Cashier on sick leave? One thing that simply can’t be planned is sickness. Sometimes people do know in advance about scheduled operations or medical procedures that necessitate time off work. Largely not, though. The wide spectrum of illnesses has minor complaints and infections at one end to serious diseases and disorders at the other. Current reports estimate sick leave costs UK employers £29 billion a year in lost productivity, a figure predicted to maintain an upward
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trend because of factors such as an ageing workforce and rising mental health problems. 5. Cashier on maternity leave? Statutory maternity leave entitlements are up to 52 weeks, the first 26 weeks being ‘ordinary maternity leave’ and the last 26 weeks being ‘additional maternity leave’. There are also fathers’ rights to bear in mind with paternity and shared parental leave obligations. It’s 2 weeks’ leave for the former, and up to 52 weeks’ leave between mother and father for the latter. 6. Cashier going part time? The need to switch from full to part time working can be driven by many things including family commitments and health concerns. For employers, job sharing isn’t always the most desirable solution. Recruiting two part timers can be more costly than one full timer. There may not be enough workload to warrant appointing a part timer and full timer simultaneously. It’s a dilemma and one that’s aggravated by complicated employment legislation. I could go on and on… jury service, study leave, dependant leave, career breaks etc. The key message being the plethora of motives that exist, resulting in a deficient staffing structure and making it difficult to run a business efficiently. What may be surprising to learn is that, although these are tricky to remedy with in-house solutions, they’re really easily solved with outsourced service support. Outsourcing can be instructed in all manner of ways. By and large, outsourcing is a permanent, full time arrangement. Less frequently, but no less effective, outsourcing is a temporary resource engineered ad hoc to help companies through what may be a slight rough patch or critical emergency situation. Outsourcing providers operate in similar ways with subtle differences in cashier allocation, cashier-firm interaction, software utilised and so forth. As a Quill client, you have a named cashier and deputy for the duration of your cover period. Our cashiers use our own legal accounting software, Interactive, and its echits functionality is the tool that closely connects your firm with its Quill cashier. The biggest claim any outsourcing supplier can make, Quill included, is that we’re always available. Even if any Quill cashiers retire, resign, go on holiday, get sick, take parental leave or switch to a part time contract, there’s zero impact on you, the end user of our outsourced cashiering service. That’s because your deputy will cover instead and / or you’ll simply be assigned another cashier for longer term agreements. To you, this means no more short staffing worries. Instead you’ve got continuous cashier support, whatever your unique circumstances and however your requirements might alter over time. To find out more on Quill’s Pinpoint outsourced legal cashiering service, visit www.quill.co.uk/quillit, email info@quill. co.uk or call 0161 236 2910. Julian Bryan joined Quill as Managing Director in 2012 and is also the Chair of the Legal Software Suppliers Association. Quill is the UK’s largest outsourced legal cashiering provider with 40 years’ experience supplying outsourcing services and software to the legal profession.
Hertfordshire Law Society Gazette