Williscroft & Co: Newsletter

Summer 2008

Newsletter

WILLISCROFT & CO Solicitors

Sue Williscroft’s legacy to Bradford – family lawyers of the future

O

n 16th February 2008 we said goodbye to our founder and senior partner Sue Williscroft.

She has taken up a full time appointment as a District Judge in the Derby County Court.

Sue Williscroft was a prominent family lawyer in Bradford for 24 years and set up our specialist family law firm 20 years ago. Since then Williscroft & Co has grown ten fold and now has 15 lawyers and 17 staff at its offices in Peckover Street, Little Germany.

During those years Sue actively helped to develop services for those suffering domestic violence locally through her involvement in the Bradford Domestic Violence Forum. She was also instrumental in setting up Bradford’s first Contact Centre to benefit the children of separated parents.

Williscroft & Co is now in the capable hands of the remaining partners Lindsey Johnson, June Kelly, Lucy Cohen and Stephanie Adams.

On leaving Sue said “It has been a pleasure working in Bradford. There are some great and committed people here. I am sad to be leaving but looking forward to the challenge ahead”

“We are a dedicated and enthusiastic team who will continue to promote Sue’s aims of providing high quality family law services to everyone in and around Bradford.”

Lindsey Johnson has become Managing Partner and is determined to maintain the firm’s strong ethos set

by Sue 20 years ago.

Williscroft & Co Newsletter

Housing Law/The effect of the credit crunch on your home

By June Kelly

I have been a Housing Lawyer here since 1995. Recently I have seen an upsurge in the number of possession proceedings issued by Banks and Building Societies, anxious to call in their mortgages.

I am also seeing increasing numbers of “Warrants for Possession” being applied for which is the final stage of possession proceedings when the bailiff will actually come to take possession of a home.

More and more of the cases have had what I would consider to be “modest” levels of arrears and a payment history that shows a minimum level of default. In many cases, there is plenty of equity available in the home so the lender really should not feel at risk.

I am also finding that lenders are less agreeable to allowing borrowers to stay in their homes “on terms” which would usually include the payment of the full mortgage instalments and something each month towards the arrears. Lenders are anxious to recover all the money that they have lent, in full, at the human cost of families losing their homes. If anyone is facing financial difficulty that means they are struggling to pay their mortgage, and if you are working with individuals in such circumstances, I would urge them to seek legal advice sooner rather than later. It is so often the case that I see people at the very last minute when the bailiff is going to be coming to take possession in the next week or so.

In those circumstances it is difficult to explore all possibilities to see if there is a way of avoiding repossession.

Contact me now to discuss options.

June Kelly

Child Abduction

By Lucy Cohen

Before Sue retired from the practice she had gained accreditation for representing parents in cases of Child Abduction. The firm became a member of the Home Office Child Abduction Panel who allocates cases from abroad under the Hague Convention.

Stephanie Adams and Lucy Cohen are continuing to practice in this very specialist area of work. We have recently had some success in defending applications made by fathers for their children’s return to their home country under the Hague Convention. We have used the defence that the child is settled in this country.

I also have experience in dealing with recovery of children who have been abducted to Pakistan. Pakistan have not adopted the Hague

Convention so these cases are dealt with under the “Pakistan Protocol” which is an agreement between our respective countries to co-operate in returning children to their home countries.

Child Abduction cases tend to be quite complex and need urgent attention to ensure that the children are found and recovered before they disappear without a trace. Please therefore contact Lucy or Stephanie if you require any urgent advice on these matters.

Summer 2008

Collaborative Law arrives in Bradford

By Stephanie Adams I am one of the first lawyers in Bradford to complete the Collaborative Law Training programme. This is a new and innovative way for people to resolve issues arising out of separation.

Both parties have a lawyer and the issues are discussed and hopefully resolved by way of four way meetings which take place at one of the lawyer’s offices. Both lawyers and both clients are present. The parties set the agenda about what is to be discussed at the meetings and the timetable for those meetings i.e. you and your former partner are in complete control of the process. This is different to what

would happen if you were involved in court proceedings or even in a resolution of the issues by correspondence. The role of the lawyers is to work with their client offering legal advice as necessary, and to ensure that the process stays positive and productive. In most cases an agreement is reached and this can be embodied in a court order, if that is considered necessary, without either of you having to attend at court.

At the outset of the case the lawyers agree that if an agreement is not reached they will pass the case to another firm of solicitors, so they have a lot invested in the process as well.

The collaborative process is not for everyone but is an alternative to the more traditional ways of resolving family disputes.

If you would like more information, please telephone me on: 01274 305308 or e-mail me at: Steph.adams@williscroft.co.uk or log onto: http://www.collabfamilylaw.org.uk

Forced Marriages

Islamic Mortgages

By Lucy Cohen

By Asia Majid

and Eligibility for Housing Costs

Later this year we look forward to the introduction of the Forced Marriages Act.

a) Mortgages and other loans to purchase the house

This will allow the courts to make Forced Protection Orders which can prohibit anyone from doing any act which has the intention of forcing someone to marry or, from aiding, abetting, counselling, procuring, encouraging, or assisting another to force someone to marry.

The orders can be made without giving notice to the person, who it is alleged is acting in this way, and emergency orders can be made.

Teachers, health professionals, friends, family members, and other relevant people can make an application to try and stop a forced marriage from proceeding. Powers of arrest can be attached to the orders, which means that if they are broken the police can arrest the offender.

If you would like information, or advice in relation to this matter please contact our offices. We can also offer training to advice agencies.

b) Loans to pay for certain repairs/improvements c) Other housing costs such as ground rent

Housing costs can be met if you are in receipt of income support, income based Jobseekers allowance or Pension Credit.

Help with some of the following is available via this additional “Housing costs” benefit:

We have had a successful result at a recent appeal tribunal where a client on income based Jobseekers allowance was awarded housing costs. The Tribunal decided that his Islamic Mortgage could be treated as a long tenancy exceeding a term of 21 years and he was therefore eligible for housing costs as the “rent payments” were equivalent to interest on a standard mortgage.

Contact Parminder Kumari or Asia Majid for advice and assistance with housing costs or any other welfare benefits or tax credit issues.

Williscroft & Co Newsletter

Education Law The Truancy Trap

By Ruth Davison

Prior to issuing criminal proceedings it is common for the Local Education Authority to resolve attendance issues by either entering into a parenting contract or imposing a penalty notice.

A number of recent newspaper articles show that a parent can face jail if their children regularly truants.

If a child of compulsory school age fails to attend regularly at school then their parent is guilty of an offence and can be fined up to £2,500. If a parent knowing that their child is failing to attend regularly at school, fails without reasonable justification to cause him to attend school then on conviction a parent can face a custodial sentence.

A parenting contract is a voluntary written agreement which confirms the Local Authorities agreement to provide support to the parent in return for the parent agreeing an attendance compliance period.

A penalty notice allows a parent to avoid prosecution by paying a fine.

Practical advice to avoid prosecution • Do not assume that ringing your child’s school to notify of an absence means that the absence is authorised.

• Liaise with your child’s school.

Prosecution often results from lack of communication.

• Ensure that you exceed any attendance targets set by your child’s school.

• Seek legal advice early.

• If entering into a parenting contract ensure that the school offers you the support that you need to address any attendance issues.

• Do not ignore a penalty notice.

If the fine is not paid criminal proceedings nearly always follow.

At Williscroft & Co we can advise you about agreeing the terms of a parenting contract and negotiate with the Local Education Authority (LEA) on your behalf to get you and your child the support you need. Our firm can also provide detailed advice at the point you receive a penalty notice from the LEA and provide representation in any criminal proceedings issued.

Free Advice Evening each Thursday 5pm to 7pm – no appointment necessary Free advice available throughout the week – please call for details

0800 037 8435 Williscroft & Co Solicitors, Pickwick Works, Peckover Street, Bradford BD1 5BD Telephone: (01274) 305380 www.williscroft.co.uk

Race for life For the 3rd year running Williscroft and Co participated in “Race for Life”. The pouring rain did not manage to dampen determination and spirit of those taking part with everyone completing the race in good times. Stephanie Middlemass was the fastest of the team by finishing in 22 minutes – Well Done Steph! Thank you to all those who supported us and donated money to a good cause – our sponsorship page is still open if anyone would like to make a donation: http://www.raceforlifesponsorme.org/ williscroft

E-mail: williscroft@williscroft.co.uk