Ridley & Hall Solicitors news and views - November 2016. The latest news and updates from the award winning Huddersfield law firm.

1. news&views
Issue 17 | November 2016
01484 538 421 info@ridleyandhall.co.uk ridleyhall.co.uk
Ridley & Hall Legal Limited, Queens House, 35 Market Street, Huddersfield, HD1 2HL
Meet the Public Law Team...
In support of The Poppy Appeal & SSAFA
Create a new will with Ridley & Hall’s wills & probate team and
we will donate £50 to charity from the standard fee
30th October until 11th November 2016
Take a look at Ridley & Hall
in the limelight
ridleyhall.co.uk/videos
WeW ll Remember
The Public Law Team helps people to
challenge local authorities to ensure that
they are meeting their legal duties and
responsibilities towards vulnerable people,
adults and children with disabilities or long
term health conditions and carers.
We specialise in:
• Community Care (health and social care)
• Kinship Care (family and friends caring for children –
financial and social care/health support)
• Adoption and adoption support
• Judicial Reviews – challenging public bodies in the
Administrative Court
• Care Proceedings
Legal Aid is still available for these areas of work and Ridley
& Hall Solicitors has a contract with the Legal Aid Agency in
the areas of Family and Community Care.
Nigel Priestley is Senior Partner and head of the Public
Law Team. He is a member of the children’s Panel and won
the Legal Champion of the Year Award at the Kinship Care
Awards 2015. Nigel regularly represents children, parents
and grandparents in care proceedings and has brought
successful judicial review proceedings on behalf of kinship
carers. He advises adopters facing post adoption support
challenges and represents potential adopters in getting
adoption orders and grandparents and other family and
friends carers in obtaining special guardianship orders
(SGO’s) and child arrangement orders. He has brought
successful judicial reviews against local authorities and has
been involved in landmark decisions.
Tracey Ling is a solicitor specialising in Community Care.
She advises and represents adults and children with social
care and health care needs and their carers.The work that
she is involved with includes obtaining and challenging
assessments of need, carers’ assessments and care and
support plans, challenging funding decisions and cuts to
services and providing advice in relation to disabled
facilities grants, care costs, including care home fees and
NHS Continuing Healthcare
decision appeals.Tracey is also
experienced in obtaining
special guardianship
allowances, child arrangement
order allowances and fostering
allowances and other social
care support from local
authorities for kinship carers
and the children placed in
their care. She has dealt with
successful judicial review
claims on behalf of carers and
helped to negotiate out of
court settlements.
Peter Kearney is a
solicitor who specialises
in providing advice and
representation to
adoptive parents. He is
a passionate advocate
for ensuring that
adoptive parents get the
support they need. Peter
also represents family
carers, advising them on
obtaining the support
they need and ensuring
they get the right legal status. He has developed a
particular expertise in helping carers obtain special
guardianship orders.
Helen Jarvis is a solicitor who specialises in kinship care
and care proceedings. Helen is passionate about obtaining
support for family members and friends who find
themselves caring for child relatives, often at the insistence
of Social Services. Helen has expertise in obtaining
assessments for SGO’S and child arrangement orders
allowances. She also challenges local authorities in relation
to fostering payments for family and friends carers and has
successfully challenged local authorities across the country
in relation to unlawful decisions they have made. Helen acts
for carers and parents within care proceedings and has a
particular interest in advising carers about support under
SGO’s.
Rosie Turner is a Community Care Administrator. She has
completed her Law Degree and Legal Practice Course.
Rosie provides support to Nigel and the rest of the team in
most aspects of work.
The team is also assisted by Jane Bolton, PA to Nigel
Priestley, and Helen Crowe, Secretary to Tracey Ling.
Locally and nationally
Very special!
This year has been very special for Ridley & Hall
- we are delighted to have been shortlisted for
nine prestigious awards.
The firm has been shortlisted for Regional Firm
of the Year (North) at the Family Law
Awards, where the important work of family
lawyers is recognised and their many successes
and outstanding achievements are celebrated.
Nigel Priestley, Senior Partner at Ridley & Hall,
has also been shortlisted at the awards for
Partner of the Year.
We were also shortlisted at the very prestigious
Law Society Excellence Awards in the
category of Excellence in Business
Development.
Ridley & Hall hope to be flying the flag high for
Yorkshire, being shortlisted for the Yorkshire
Legal Awards in Family Law and Nigel
Priestley once again shortlisted for Partner of
the Year.
In the exclusive Modern Law Awards, we
were shortlisted in three categories - Best
Marketing Campaign, Lawyer of the Year
with Nigel Priestley, as well as Ridley & Hall’s
Peter Kearney, adoption solicitor, being
shortlisted in the Rising Star of the Year
category.
Most recently, Nigel has been shortlisted as one
of the five finalists for the Lifetime Achievement
Award at The National Adoption Week
Awards, recognising and celebrating good
practice and exceptional achievement among
those working or involved in adoption.
We are really looking forward to the upcoming
awards ceremonies and hope our hard work
and dedication to clients will be recognised.
Congratulations to all!
HELEN JARVISQUESTION TIME WITH...
Helen is a newly qualified solicitor but
has spent nearly 5 years working on
behalf of kinship carers, challenging
local authorities to secure access to
support services. She also acts on behalf
of various family members in care
proceedings.
What do you think makes R&H a
special law firm?
R&H have a strong national presence and
are always willing to travel to help
clients in need to support.
What is your first memory of R&H?
Meeting my lovely team and being made
to feel very welcome by everyone.
Which famous celebrity would you
like to take to lunch and why?
Louis Theroux, to ask him about all the
weird and wonderful people from his
documentaries.
What book would you recommend to
others as a ‘must read’?
‘A Piece of Cake’ by Cupcake Brown.
Name your three favourite hobbies
and interests outside work…
Eating out, baking & rugby league
Do you have a favourite holiday
location?
Cala d’Or in Majorca.
What have you never understood?
Maths
If you weren’t working in the law
profession what would you be
doing?
I was initially going to do an
English degree so maybe a
journalist.
What’s your favourite word?
Pineapple
Fish and chips with mushy
peas, gravy or curry sauce?
None! Tomato ketchup!
Nigel Priestley,
Head of Department
UPDATE ON RUNNING DOWN DEMENTIA
A big thank you to all those who have sponsored Nigel’s Nutty Nine in their
campaign to run 100km over the summer months. Many of the nine have now
completed the task and although we still have one or two stragglers all have
the finishing post in sight.
Here at Ridley & Hall we are passionate about helping those living with
dementia and their carers and we hope to raise as much money as we can for
Alzheimer’s Research UK.
There’s still time to sponsor us at: http://bit.ly/29uY6AE
Hilary Sisson, legal adviser in the wills and
probate department, said:
“Having previously served in the Army and the
Army Cadet force as well as being an RAF
widow these charities are close to my heart.
I am proud that I can, together with Ridley &
Hall, support these two deserving charities, at the same time
as helping you arrange your affairs. “
To commemorate Remembrance Day, Ridley & Hall want to
help and support veterans, currently serving members of
all the armed services and their families, both nationally
and locally.
It is very important to create a will to ensure that whatever you
have, whether it is a modest amount, a substantial amount, or
even items of sentimental value, it is passed onto the people
of your choice, instead of who the law dictates will receive
your assets.
Will you help and support this wonderful cause? Call
today on 01484 538 421 and book your appointment.
Scan me

2. In the middle of September, it became clear that Brad Pitt and Angelina
Jolie were separating after a 10 year relationship and parenting six
children. It would appear that despite good intentions initially, ‘the fur
has started to fly’. At the end of September 2016, Brad Pitt’s “other
woman” hit back after being dragged into the divorce storm.
Angelina Jolie filed on the basis of “irreconcilable differences”. The law in the
US regarding divorce is different to that in England and Wales, where
the Divorce Petition has to be issued on the basis of the
irretrievable breakdown of the relationship which then has to be
supported by five facts:-
1 The husband/wife has behaved in a way that you consider
to be unreasonable.
2 The husband/wife has committed adultery.
3 The husband/wife has deserted you (you have to have
been separated for a period of 2 years)
4 You have been separated for 2 years and both of you consent to the divorce.
5 You have been separated for a period of 5 years.
Sadly, England and Wales have not yet introduced “no fault” divorce, although the Court in England and Wales have been
talking for many years about introducing it. It is at the top of Resolution’s agenda this year to try and lobby government to
secure no fault divorce.
Record Year for the Property Team!
It has been
another record
breaking year for
our property
team.
The new members to the
department have certainly been
kept busy with the work that we
have been dealing with across
Kirklees and beyond. The
Government’s tax changes to
ownership of second properties
took effect on 1st April 2016 and
it was reported in the national
media that the surge in
transactions trying to avoid the
new tax almost took the property
sector to breaking point. Our
property team are renowned for
going the extra mile and they
worked out of hours and over the
Easter Holidays to ensure that all
the deadlines were met. All
transactions were completed
before the tax changes were
implemented.
Introducing Ashley Sowerby,
Property Solicitor
Despite the uncertainty after
Brexit, demand for our property
expertise has continued to rise
over the summer months. Alison
Mason, our partner and Head of
Property, has recently recruited
Ashley Sowerby into the
department due to the increased
demands of the property market.
Ashley is very passionate about
providing a high quality and
personal service to her clients and
we wish her the warmest of
welcomes.
Alison said:
“We pride ourselves on delivering
the highest standard of work
possible, as the case load builds
so does our property department.
To ensure the standard and
quality of our work doesn’t
change I wanted to appoint a
new residential property solicitor. I
am very pleased with the
recruitment of Ashley and believe
she will continue the firm’s
C A S E S P O T L I G H T
Double celebration for Kinship Carer after battle with Middlesbrough Borough Council
A battling grandmother caring for
two grandchildren has won her
fight to get Middlesbrough Council
to pay allowances.
The grandmother has been caring for her
grandson, aged 4, since 2012. His mother had
mental health issues and social services had
concerns about her capacity to parent.
Following assessment, he was removed from his
mother’s care and placed in foster care.
The grandmother, who cannot be named for
legal reasons (named Claire in this article), said:
“I put myself forward to care as I knew it was in
his best interests to stay within the family and
that I could give him the love and care that he
needed. I knew it would not be an easy thing
to take on as I was already caring for two of my
own children, aged 9 and 10, but I was
prepared to do it to ensure that my grandson
was safe and well cared for.
“It soon became apparent to me that it was
going to be even more of a challenge caring for
my grandson than I had first anticipated. He
had challenging behaviour, would wake during
the night screaming, did not like change and
found it traumatic if he was cared for by
anyone other than me.
“I was on income support and could not return
to work as I could not leave my grandson with
anybody else. My partner had a zero hours
contract and at times was without work. Cost
of contact with his family was expensive but no
financial support was provided to me by the
Council even though they had a legal duty to
pay me”
15 months after taking on the care of her
grandson, his half-sister was born. Claire was
contacted by Social Services while the mother
was still pregnant. They had concerns about
the mother’s ability to care and, after the baby
was born, they started care proceedings and
with Claire’s agreement, placed the child with
her until the outcome of the care proceedings
were known.
The court decided that Claire and her partner
should continue to care for their
granddaughter and a Special Guardianship
Order was made in January 2014.
Claire contacted specialist Solicitor, Tracey Ling,
at Ridley & Hall who helped her to challenge
Middlesbrough Council’s decision to stop
paying SGO allowance for the 2nd child and
requested they also start paying Child
Arrangement Order allowance for the 1st child.
Tracey Ling said:
“Claire is an amazing woman. She is an unsung
hero! She took on the care of a very
challenging grandson and she then began to
care for her granddaughter. Her granddaughter
has disabilities and a life limiting condition.
She has experienced a number of complications
and additional health issues.
“Since being in Claire’s care, she has had to
undergo a life-saving operation and will need
further surgeries in the future. Her needs
require very specialist care by Claire and has
meant that it has not been possible for her to
work.’’
In July 2015 Claire was informed of the
Council’s decision to stop paying the Special
Guardianship allowance for their
granddaughter.
She said:
‘’These were outrageous decisions! I’m
delighted that we were able to take up the
battle with Middlesbrough – and win!’’
The local authority agreed to start paying Child
Arrangement Order allowance and to reinstate
the Special Guardianship Order allowance. It
was also agreed that they would pay lump sums
for backdated allowances totalling over
£10,000.
Ms Ling commented:
“This was a fight we had to win. Claire now
receives a Child Arrangement Order allowance
in respect of her grandson, aged 4, and a
Special Guardianship Order allowance in
respect of her granddaughter, aged 2.
It is important that kinship carers are aware
that local authorities often still have
responsibilities and duties towards the children,
even after court orders have been made.
Where there is a discretion to provide financial
support, they must exercise this reasonably.
Claire stated:
“I would personally recommend Ridley & Hall
to anyone who is having issues with support
from the local authority…a personal huge
thank you to Tracey Ling my solicitor for
supporting me and my family. They’ve been
amazing and patient when things were difficult
for me and I am so
glad I made that step
and called. We can
enjoy being a family
for the first time in
months.”
Ridley & Hall are able
to provide advice on
legal aspects of family
and friends care
(kinship care). This
covers both financial
support and general support
needs which the child or carer may have.
Tracey Ling can be contacted on 01484 538 421
or tracey.ling@ridleyandhall.co.uk
Brad and Angelina’s separation
Lessons to be learned
Silver Splitters and Will Disputes
Sarah Young comments...
A trend of older couples splitting up could
see a rise in will disputes, according to
Sarah Young, a disputed wills specialist
with Ridley & Hall Solicitors.
The number of over 60’s divorcing rose by a
third between 2003 and 2013. There were
15,275 divorces in 2011 compared to 13,554
the year before and 10,273 in the year 2000.
The phenomenon of so called “silver splitters” is
likely to lead to an increase in will disputes.
Sarah Young explains:-
Will disputes very often happen when there
has been a relationship breakdown in a
family. When an older divorced parent remarries
or lives with someone new, their adult children
can become concerned about their parent’s
finances and about where they stand in relation
to their parent’s new partner and their family.
The concern might be adult children wanting to
protect their inheritance – or there could be
concern that their parent might be taken
advantage of. Sometimes an adult child might
feel very strongly that if, say, their mum has died
and their dad has remarried, he should bear in
mind what his deceased wife’s wishes would
have been … which would not have included
their hard earned money passing to a second
wife and/or her family!
Nowadays when there are many different types
of families it’s vital to consider updating your will
at least every 5 years and when any significant
life event occurs. Many people aren’t aware, for
example, that a marriage revokes a will.
Couples will often make “mirror” wills which
means that they leave their money and assets to
the other – so if A dies everything goes to B and
vice versa. If either A or B has children from a
previous relationship, this can be a risky strategy.
The couple may agree that whichever of them is
the survivor will “look after” the other’s children
when they die – and the intention to do so may
be genuine at the time. However life doesn’t
always turn out as we plan it. If A dies and B
inherits A’s estate B may intend that when she
dies, A’s children will receive some of her estate.
But what if she falls out with her step children?
Or what if she remarries or lives with someone
else? How can A ensure that his children will
not be disinherited?
There are options - and a qualified wills and
probate solicitor (ideally STEP qualified and/or a
member of Solicitors for the Elderly) can advise
on them.
A final thought from Sarah Young:-
We all find it difficult to discuss death and
money – but none of us want to leave a legacy of
disputes, distress and misunderstanding for our
children. So getting good advice and making your
wishes as clear as you can to your loved ones
(preferably before your death) is definitely to be
recommended.
Sarah Young is a partner with Ridley & Hall Legal
Limited, Queens House, 35 Market St,
Huddersfield, West Yorkshire HD1 2HL
Direct Dial: 01484 558838 Mobile: 07860 165850
Email: sarah.young@ridleyandhall.co.uk.
Sarah is a specialist in
inheritance disputes. She is a
member of the Association of
Contentious Trust and
Probate Specialists (ACTAPS)
and Solicitors for the Elderly
(SFE).
VIEWPOINT VIEWPOINT
Vicky Medd of Ridley & Hall is a specialist accredited Resolution member.
She said “I have recently conducted a mediation where both couples wanted to divorce on as amicable a basis as possible.
They both sensibly put the children first and had shared care. They both said that they would have found it extremely
difficult to try and co-parent if the allegations in the Divorce Petition were too serious. As a result, I was able to mediate
with the couple to get a form of agreed wording which they were both reasonably content with. This means that
discussions were had beforehand and the shock of receiving a divorce petition will be completely negated”.
For more information about advice for family matters and for mediation, please contact Vicky Medd on 01484 538421
Tracey Ling of
Ridley & Hall
CQS Award!
We are delighted to
announce that as of
Autumn this year we have
been re-accredited for the
fifth year with The Law
Society’s Conveyancing
Quality Scheme award
(CQS). This is recognition
of the firm’s high
standards in residential
conveyancing and to
achieve this assessment
the property department
must undergo strict
assessment and
compulsory training.