1. news&views
Issue 15 | May 2016
01484 538 421 info@ridleyandhall.co.uk ridleyhall.co.uk
Ridley & Hall Legal Limited, Queens House, 35 Market Street, Huddersfield, HD1 2HL
It can be uncomfortable thinking
about what would happen if we
were unable to make decisions for
ourselves because we had lost
mental capacity. Making a Lasting
Power of Attorney can give peace
of mind but it is important to do
this when you have mental capacity
as, once you have lost capacity, it is
too late.
What is a Lasting Power of
Attorney?
A Lasting Power of Attorney is a legal
document where you appoint
someone you trust to make decisions
on your behalf. If you have not got a
Lasting Power of Attorney it may mean
an application to the Court of
Protection for your relatives which can
be long and costly.
There are two types of
Lasting Power of Attorney;
Property and Financial Affairs LPA – this
allows the people you trust to make
decisions about your money and your
property, e.g. selling your property and
operating bank accounts.
Health and Welfare LPA – this allows
the people you trust to make decisions,
only when you cannot make them for
yourself, about your medical treatment
and care, e.g. giving or refusing
consent to healthcare and decisions
about staying in your own home.
Meet the Family & Mediation Team...
During Dementia Awareness Week (15th – 21st May), Ridley & Hall
will be offering a discount to clients wishing to prepare and
complete new Lasting Powers of Attorney.
Please phone us on 01484 538421 and ask to speak to a member of the Wills & Probate team for further details.
Have You Made a Lasting
Power of Attorney?
Ridley & Hall are offering a special price to mark
Dementia Awareness Week
Fixed Fee Divorce Costs Now Reduced at Ridley & Hall
Our packaged options include:-
1. Checking Package – We send
you out all the relevant paperwork
and you then send it back to us to
check.
2. Help with Divorce: Preparation
of Documentation Service – We
prepare all the documentation but
you are responsible for sending
the documents to the Court with
the appropriate fee and getting
the paperwork back in from the
Court.
3. Full Divorce Fixed Fee Package –
We are responsible for preparing
the paperwork and sending it off
to the court.
”Most people when they come
in to see us, would prefer not
to have the hassle and stress
of dealing with divorce
proceedings on their own.
The third package can certainly
take that away from people
but if clients do feel that they
cannot afford that package,
then there are two other
services with which we
provide some assistance”
Vicky Medd, Partner,
Ridley & Hall.
If you would like some advice
from the Family team at Ridley
& Hall, please call Vicky Medd
on 01484 538421
Our specialist team members are highly experienced in family
law, and we are all parents too. We know that life can be messy
and confusing. We give sensible, down to earth advice in a
sensitive way. We care about helping you to be able to move on
with your life. We have developed a flexible fixed fee service, so
that whatever your financial position, you can get the advice
and support that you need.
We specialise in divorce & separation, finances, contact with
children / grandchildren, non-molestation orders and occupation
orders in cases of domestic violence as well as mediation
surrounding divorce, finances and contact with children /
grandchildren.
The team is led by Vicky Medd, a family solicitor with over 20 years’ experience.
Vicky was recently involved in one of the first family arbitration cases in the
country and has a lot of experience in dealing with cases as expeditiously as
possible, whilst achieving the best outcomes for clients. Vicky has also been a
family mediator for 9 years. She is a member of the Family Mediators
Association, and is qualified to train other mediators to develop their
professional practice. She has recently been appointed as a Complaints
Adjudicator for the FMA. Vicky is a Collaborative lawyer, which enables her to
work with other Collaborative lawyers across Yorkshire to help clients achieve
settlements with as little acrimony as possible.
Vicky’s colleague, Johanna Allen, is an experienced Chartered Family Lawyer
and Fellow of the Chartered Institute of Legal Executives with a specialism in
family law. Johanna has been with Ridley & Hall since 1994 and has extensive
experience in all family matters including divorce and the financial issues
connected to relationship breakdowns, Children Act matters and
non-molestation orders (injunctions connected to domestic violence).
Both Vicky and Johanna are members of Resolution, the national organisation of
family lawyers committed to non-confrontational divorce, separation and other
family problems.
The team is ably assisted by Michelle Birkett (PA to Vicky Medd), Lauren
Allette (PA to Johanna Allen) and Sarah Brown (trainee solicitor), who will help
clients with any enquiries they have.
Helen joined Ridley & Hall’s Private Client team
in September 2013 and has over 10 years’
post-qualification experience specialising in
Wills, estate administration, powers of attorney,
Deputyship applications and inheritance tax
planning. Helen is a full member of the Society
of Trust and Estate Practitioners, Solicitors for
the Elderly and the Private Client Section of the
Law Society. Originally born in Huddersfield,
Helen now lives in nearby Saddleworth, which
she maintains is still part of Yorkshire, despite
the 1974 boundary change! She lives with her
partner Paul, their one-year old daughter and
their 2 hyperactive Springer spaniels.
What do you think makes R&H a
special law firm?
I have worked at a handful of firms throughout
my career, and I can honestly say that none of
them have valued client care, service and
satisfaction as much as Ridley & Hall. It is great
to work somewhere that holds the same
principles as I do.
What is your first memory of R&H?
On my first day, I attended the staff conference –
like a big staff meeting with all the firm there.
Different people from various committees talked
about what was going on within the firm, from
charity fundraisers to water-saving and recycling
efforts. It made me realise how much the firm
cares about all aspects of its business.
Which famous celebrity would you
like to take to lunch and why?
Without question, David Beckham. It may seem
shallow, but I’d love to talk to him about his
time at Manchester United (I’m a life-long fan),
his home life, his achievements and some of his
fashion choices over the years! He seems like
such a nice guy who is still really grounded after
reaching world-wide fame, just from doing what
he loved. And of course, it wouldn’t be a
hardship to sit and just gaze at him for a couple
of hours!
What book would you recommend to
others as a ‘must read’?
Sadly, as a new mum, I don’t get the opportunity
to read much anymore, unless it’s Peter Rabbit or
We’re Going On A Bear Hunt, which is a firm
family favourite! I do remember reading ‘The Da
Vinci Code’ when it was first published and
finding it gripping.
Name your three favourite hobbies
and interests outside work…
I’m a big fan of the countryside and outdoors, so
a perfect day would be spent enjoying a nice
walk around Saddleworth or in the Lakes. I’m a
bit of a foodie, so cooking and eating are a big
part of my life but above all else, I love making
the most of my time with my
family.
Do you have a favourite
holiday location?
Not really, as I enjoy going to
different places to see what they
have to offer. I do adore France
and have spent a lot of time there
but would also love to go to Thailand at
some point in the future.
What have you never understood?
I am generally baffled by anything too
mathematical or scientific.
If you weren’t working in the law
profession what would you be doing?
In an ideal world, I’d be living on a farm,
running a little cafe or B&B.
What’s your favourite word?
Thank you (although it’s technically two words!)
It’s lovely to be able to say it to show gratitude,
but it’s even better to hear it, as it’s always nice
to know that someone appreciates what you’ve
done.
Fish and chips with mushy peas,
gravy or curry sauce?
With fish, it’s got to be mushy peas. Save gravy
and curry sauce for meat!
HELEN WEBSTER
QUESTION TIME WITH...
Being dementia-friendly is very much at
the heart of the firm’s ethos, and is
especially relevant to our department. We
are doing whatever we can to support and
understand the needs of our clients to
provide them with the best service and we
think this is a great way of achieving it.
Head of Private Client, partner Jill Waddington
See inside to find out more about your Dementia Friendly firm
Here at Ridley & Hall, we are aware that when people go through separation, it is an extremely expensive time...
...as a result, we have looked
carefully at our fixed fee
package for divorce matters
and have made a reduction in
our most comprehensive
package
THE FULL DIVORCE FIXED FEE
PACKAGE - which was £695
plus VAT to £500 plus VAT.
From left to right - Michelle Birkett, Vicky Medd, Johanna Allen, Lauren Allette & Sarah Brown
RH News & Views Apr 2016 S1 hi.pdf 1 26/04/2016 11:55
2. Farming accidents are a
growing concern for workers
Working in agriculture is one of the
most dangerous jobs in Britain.
The Health and Safety Executive (HSE) says, “In
the last ten years, almost one person a week has
been killed as a direct result of agricultural work.
Many more have been seriously injured or made ill
by their work.” This is a shocking statistic.
According to the HSE, the total annual cost of
injuries (in farming, forestry and horticulture) to
society is estimated at £190 million and around
two-thirds of that is due to reportable injuries
(£130 million), with fatalities accounting for
around another third (£55 million).
Samantha Hirst, Ridley & Hall Solicitors’ accidents
at work specialist says, “It is hard to believe that
in this day and age a family, every week, receives
life shattering news that someone they love has
died from working on a farm. The culture of
farming needs to adapt and farmers unions, the
government and business owners need to work
together to eliminate this problem. Every worker
is entitled to work in a safe environment.”
So why is this industry so dangerous?
The advancement of technology in farming could
be one of the main reasons why there are so
many fatalities. The introduction of machinery,
like tractors, combines, choppers and hay balers
bring an array of dangers into the work place and
it is vital they are properly risk assessed. The
problem doesn’t stop there. Farmers and other
farm workers expose themselves to ill health and
permanent disabilities as a result of working with
chemicals, dust and working in harsh weather
conditions for long periods. Common health
problems are asthma and musculoskeletal injuries.
Around 20,000 workers each year are effected by
‘zoonoses’, which are diseases passed on from
animal to humans.
Following health and safety regulations is a crucial
requirement of running any business. Farmers
have a very proud, resilient and hardworking
reputation but according to the HSE, “unwise risk
taking is an underlying problem in the industry,
especially for those farmers who are working
alone.”
Samantha adds, “last year dairy farmers protested
over milk prices and I imagine there are many
farming businesses that are struggling to make a
living because of the cut throat competition from
supermarkets. There is a concern that some
farmers may be tempted to take shortcuts, not
follow health and safety and expose themselves
to unnecessary risk.”
According to a government survey done in 2013,
84% of farms were established family farms.
With an industry that is rooted in family values
and prides itself on its reputation many injuries
are not reported.
What is being done to make working in
agriculture safer?
The government has issued several risk
assessments relating to farming on their website.
Following these regulations will help farmers
identify risks on their farms and in
turn reduce accidents.
If you, or someone you know
has been involved in a
farming accident, please call
Samantha Hirst on 01484
558824 for more information.
Our Commercial Property Department is
helping many community organisations
with Community Asset Transfers...
David Amies, at Ridley & Hall,
heads up the Commercial
Property Department and
provides some details on this
specialist area.
Why are local authorities giving
away buildings?
Towns and villages across the country
have community buildings and land,
which are intended for use by the
wider community, whether it be
recreation grounds, theatres, civic
halls or other assets. Many of these
will be underused.
In most instances, these properties
are owned by the local authority. For
many years, the authority has been
required to demonstrate the effective
use of assets; local authorities have
had wide powers to manage such
assets, including the authority to
transfer or sell assets, where
appropriate.
The Quirk Review of 2007 suggested
that locally based community
organisations may be better placed
to manage land and buildings instead
of the local authority - both in terms
of the amount of usage, and also in
obtaining value for money when
maintaining such properties. As a
result, since the review, local
authorities have increasingly looked
to undertake community asset
transfers - disposing of land and
buildings which are proving to be an
expense and burdensome to
manage.
Often these assets are sold at a value
less than book value or even given to
properly constituted organisations.
From our work at Ridley & Hall with
community organisations, we know
this to be the case and we are able to
provide specialist advice to
community organisations looking to
acquire land and buildings from local
authorities or other statutory bodies.
Some things that require
consideration are:
• It is essential that community
organisations are properly
constituted; particular thought needs
to be given to the legal status,
whether they be managed by
trustees, incorporated as community
interest companies, companies
limited by guarantee, charitable
incorporated organisations or other
types of legal entity. Often,
community organisations will be able
to attract third party funding in
circumstances where a local authority
would be unable to do so.
• Asset transfers will seldom be made
on an unconditional basis – a local
authority will be anxious that the
relevant community organisation
continues to use the land or buildings
for its stated purpose. It might be
that the land and buildings are leased
by the local authority, enabling the
council to enforce restrictions on the
use of the land by remaining as a
landlord. Alternatively, a council may
seek to impose restrictive covenants
or even a legal charge over the
property.
• The local authority would usually
expect to see a business plan, which
demonstrates that the community
organisation is able to funds its plans
and the ongoing maintenance of
buildings.
• Land and buildings will only be
transferred to organisations able to
demonstrate the ability to manage
the assets on a long-term basis.
Although local authorities have been
undertaking community asset
transfers for some time, it is only in
recent years that they have become
more prevalent.
If you are a community based
organisation, run on a not-for-profit
basis, with people who have a
strong commitment to the
community, and a willingness to
devote a substantial amount of time
to the project and would like to
discuss opportunities, then please
call David Amies on 01484 538421.
Ridley & Hall has developed a
relationship with some key third
sector organisations and social
enterprises and is well placed to
assist with the transition of
community assets.
Ridley & Hall Takes Part in Sport Relief
This year, Sport Relief has raised over £50
million raising money that will change lives.
Ridley & Hall took up the challenge taking part
in some fun activities. From kick ups to hula
hooping and from sweepstakes to a bake sell,
the firm enjoyed helping to raise money for such
a worthy cause. Nigel Priestley and Sue Cash
from Ridley & Hall had an early start on the day,
running 10k from Slaithwaite to Marsden and
back…phew!! Money was raised in the office
and many more chose to give via Sport Relief’s
text and donate appeal.
A BIG thank you to all who donated and took
part on the day.
Hilary and the
Twiddlemuffs
Our very own Hilary Sisson, paralegal in our
Private Client team, has been busy knitting
Twiddlemuffs!
People living with dementia often have restless
hands and like something to keep them
occupied. Twiddlemuffs provide a source of
visual, tactile and sensory stimulation whilst also
helping to minimise agitation. Hand knitted
muffs with textured items like zips, ribbons,
buttons, keyrings, or textured fabrics attached on
the inside and outside, they are specially designed to provide a simple
solution for active hands.
Ridley & Hall are in the process of visiting nursing homes in the area
armed with Twiddlemuffs which are proving very popular. So much so
that Hilary can’t knit fast enough!
If you are a knitter and want to help we would love to hear from
you! They are simple to make and the colours and decorations can
reflect whether they are intended for a male or female. If you’re not
a knitter, then perhaps you might be kind enough to donate some
wool and / or “bits n bobs” so that Hilary can continue to create some
more of these simple, but wonderful items.
Please call 01484 538421 and ask to speak to Hilary if
you want to help
Ridley & Hall are your
Dementia Friendly Firm
For the past few years, Ridley & Hall has
been striving to promote dementia
awareness and to work towards the firm
becoming more dementia friendly.
As founding members of the Kirklees
Dementia Action Alliance, our Managing
Partner, Adam Fletcher, has held the
position of Chair since its creation in
2014. The Alliance now has well over
140 member organisations of
like-minded businesses and organisations
- all committed to taking practical actions
to enable people to live well with
dementia and reducing the risk of costly
crisis intervention.
We have led the way, putting a focus on
ensuring we deliver better outcomes for
people with dementia and their carers.
Four of our staff members have been
trained to deliver information sessions on
behalf of the Dementia Friends initiative –
the target is to make 4 million people
more dementia-friendly by 2020. We
hold information sessions at our offices
and we also receive requests to go out
into the local community. Already our
Champions have delivered sessions to
more than 180 people.
As a firm, we have been represented by
participants in the Memory Walk for the
past 5 years, raising money for the
Alzheimer’s Society.
We have adapted our offices to be more
accessible and easier to navigate for
people with dementia, who can struggle
with getting around unfamiliar
surroundings.
The firm’s Private Client department have
now taken on their next
dementia-focussed challenge, with
Dementia Awareness Week just around
the corner (15th - 21st May 2016). They
are reaching out to care homes in the
area, offering support and guidance to
the staff, residents and their families so
that people with dementia and those
around them are aware of the legal
issues that they may face and how to
approach those potential problems,
ensuring they can still access legal
services.
C A S E S P O T L I G H T
Ridley & Hall’s Nigel Priestley looks at a case he was involved in helping a West
Yorkshire grandmother to receive over £110,000 from the local authority...
In a recent case, a West Yorkshire grandmother
celebrated receiving a back payment of over
£110,000 from a local authority.
The grandmother who cannot be named for
legal reasons began caring for her two
granddaughters in 2010. The police had
attended her daughter’s home and found no
food in the house. Their parents were arrested
for a suspected criminal offence and the
children were removed to be placed to live with
their grandmother.
Commenting the grandmother said, “Social
services asked me if I would keep on caring until
my daughter sorted herself out. The local
authority began working with her. I was told
very clearly that the children couldn’t go back to
their mum as she was not in a position to be
their full time carer.”
Sadly she didn’t change and I’ve looked after
them ever since. I never received a penny from
the local authority. I didn’t do it for money. But
I’ve got older and the children have got more
expensive to care for. Taking on the care of the
children cost me a lot. I had to give up work.
The children needed me at home. They had had
a very poor start in life – I had to be there for
them.”
She went on “I didn’t know my rights. The local
authority never explained that the children
were looked after children and that I should
have been assessed as a family and friends
foster carer.”
“Last year I went to a kinship care support
group and met Nigel Priestley. He explained to
me what the duties of the local authority were. I
was shocked. We agreed that Mr Priestley would
challenge the local authority about their failure
to pay me a fostering allowance for the
children. He explained that if they failed to pay,
we could apply for a judicial review.”
“I couldn’t believe it when I was told that I
would get a back payment of £110,000. It was
like something out of a fairy tale. Things like
this don’t normally happen to ordinary people
like me. I took on the children because it was
the right thing to do – and it saved the council
thousands. And in addition the council will be
paying me a weekly allowance of over £350.”
“Kinship carers need expert advice. Ridley &
Hall’s ‘Looked After Children’ team know what
to do. Their actions have changed my life.”
This case highlights the importance of kinship
care support groups. There’s one locally at the
Brian Jackson Centre in Huddersfield, and
groups in Leeds and Bradford – but they meet in
towns across the
country. Carers need
to know their rights.
In this case the local
authority behaved
very responsibly once
they had been
reminded of their
legal duties. They
have agreed to fund
the cost of the
grandmother applying
for a special
guardianship order so that she can have
parental responsibility for them.
Some may be shocked at the amount my client
received. But her life was turned upside down
by taking on the children. She gave up her job
and put the children first. But if she hadn’t done
so they would have gone into care – a huge
financial cost to the council and a massive
emotional cost to the children.
Please contact Nigel Priestley via email or by
telephoning 01484 538421. You can also find
out more about Ridley & Hall’s specialist
services, supporting and assisting kinship carers
across the UK, by visiting our Kinship Care,
Community Care and Carers page on our
website.
Nigel speaks out…
Nigel Priestley is recognised as one of the leading
experts in England on Kinship care. He understands
the need for the right order to be made so that both
the carers and the child are properly supported.
Recently, he has spoken at two major conferences -
he was in Oxford at the NAGALRO Conference and
in Birmingham at a Conference for Social Work
managers and Social Workers.
David Amies,
Head of Commercial Property
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