Q&A - Do we need to be Ofsted registered to look after each others children?
Q: I have two children and had arranged for a friend to look after them for four hours on a Saturday whilst I work. I don't pay her anything because I look after her children for 4 hours while she works on a Wednesday. Now someone has told me we may be breaking the law because we have to be registered with Ofsted. Is this right?
A: Under the Childcare Act 2006 all adults who looked after children for more than four hours per day were required to register with Ofsted, but from 8th April this year the law was amended to allow friends to make unpaid child care arrangements between themselves without registration.
The new legislation is called the Child Care (Exemption from Registration) (Amendment) Order 2010 S12010/744. It was brought in following a case involving two detective constables who worked opposing shifts. Each looked after the other's child under a reciprocal child care arrangement with no money changing hands, but the officers were found to be breaking the law by baby-sitting for each other. The case prompted a public outcry which resulted in the law being amended.
You may be surprised to hear there is however no qualification or minimum age requirement set by the law for evening babysitters, although both RoSPA (Royal Society for the Prevention of Accidents) and the NSPCC recommend that no-one under the age of 16 should be left to care for a child. If a babysitter under the age of 16 is used, then the parent or guardian must be prepared to take responsibility for anything that may go wrong in their absence. If a child is thought to be at risk because they are not adequately supervised, criminal proceedings may be taken against the parents and/or care proceedings could be taken in respect of the child.
Further information relating to this question is available from Nathan Wright, a solicitor with GHP Legal, Family Department in our Wrexham office or from Terry Law, a member of the Family Department at GHP Legal in Oswestry. Terry is a Fellow of The Institute of Legal Executives, and a member of both Resolution and the Law Society Family Law Panel.
 Q&A - Can I get restrictive covenants removed from redundancy agreement?6th September, 2010
Q: I am awaiting details of a redundancy package which I am expecting will contain the same restrictions as those in my contract of employment, in respect of client confidentiality and work I may do elsewhere with another company. So that I am armed with information in the event that my assumptions are correct, is there any way that I could get such covenants removed? After all, I have no choice about leaving the company and I need to get another job to support myself and my family.
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Q&A - Store denies responsibility for spillage that caused me to slip1st September, 2010
Q: When I was shopping in my local Supermarket last month I slipped on the contents of a bottle of cooking oil that had clearly fallen onto the floor and, in doing so, had dislodged its cap. I hurt my wrist quite badly but didn't want to cause a fuss. Later that evening, however, I was in so much pain that my husband insisted on taking me to A&E where it was discovered I had broken my wrist. I contacted the manager of the Supermarket next day to make a complaint, only to be told the store could not be held responsible as the bottle had been dropped by a customer. Surely this cannot be right?
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Q&A - After watching TV programme on Will Writers I am worried!1st September, 2010
Q: I recently made a Will with a Will Writer who was advertising "cheap" wills. I paid an up-front fee and also appointed the Will Writer as my Executor. But after watching the BBC Panorama programme about Will Writers I am worried I made a big mistake.
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Q&A - What is the difference between market and inflation-linked rent reviews?30th August, 2010
Q: I am considering leasing premises for my business and have been looking into business leases. In particular I am concerned about the implication of rent reviews. Please can you explain what the difference is between a market rent review and an inflation linked rent review?
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 Legal Skydive earns charity £266427th August, 2010
Two solicitors from one of the largest law firms in North Wales and Shropshire presented Wrexham based Charity, Dynamic, with a cheque for £2664.30 this week. The money was raised in sponsorship for a tandem skydive which took place at Tilstock Airfield in June.
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GHP Legal wish to recruit Family Lawyers26th August, 2010
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Q&A - Does employer's reaction to symptoms warrant disability discrimination claim?23rd August, 2010
Q: I suffer with depression and anxiety. Because of this, I have occasionally become irritable and aggressive at work. After the last incident my Employer advised me to take leave. When I returned I was moved into a different, non client-facing role. Can I claim disability discrimination?
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Q&A - Should I appeal speeding ticket as boss put time pressure on me?16th August, 2010
Q: I drive for a firm that delivers to big supermarkets all over the country. Some of the supermarkets "fine" our firm a lot of money if deliveries are late and so our boss puts pressure on us drivers to make sure we get there on time whatever. Last week I got caught speeding because I was trying to make up time after being stuck in traffic. Obviously I am going to get points and a fine and that could ruin my chances of getting another job. Should I pay up or appeal?
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 Further expansion for law firm13th August, 2010
A leading North Wales and Shropshire law firm has announced the appointment of another Solicitor to its residential conveyancing department.
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 Solicitor praises Panorama team for exposing will writing dangers13th August, 2010
A North Wales Solicitor has praised the BBC Panorama team for exposing what he says is a massive threat to the families and assets of people who use unregulated Will Writers.
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Q&A - Can I gain payment of overdue account from deceased spouse's estate?9th August, 2010
Q: I belong to a Residents' Association which is responsible for collecting an annual fee from all property owners of a private development, for the maintenance of common parts areas. One of the houses was bought in the sole name of a lady who unfortunately died a few months ago. Her husband is still living in the property but says he cannot pay the fee which has just become due for the next six months because probate of his late wife's estate has not yet been granted. Clearly we have a duty to other residents to collect the fee. What can you suggest?
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 Eisteddfod sponsor urges businesses to support 2011 event5th August, 2010
One of this year's main sponsors of the Llangollen Eisteddfod has praised the organisers for their handling of the event and for their commitment to gaining the extra financial support needed to sustain it in future years in the face of the current economic crisis.
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 Law firm warns of pending disaster for family lawyers and their clients5th August, 2010
A leading local law firm which has one of the largest Family Departments in the region has warned that the long awaited announcement of the new family and social welfare contract awards could leave thousands of clients without representation and dozens of local matrimonial lawyers out of work.
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Q&A - I was refused employment because of my arthritis - what can I do?2nd August, 2010
Q: During a recent job interview, I was asked whether I suffered with any illnesses or health conditions that would affect my performance should I be offered the job. I told the Employer that I suffer with arthritis. I was not offered the position and I believe it was because I have arthritis. Can I do anything?
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Q&A - Loans to adult children - can I avoid a tax trap after the Budget.1st August, 2010
Q: I am retired. During the past eight years I have helped both our children to get on the property ladder by lending them the deposit for a house. In both cases the mortgage lender insisted on my name going on the deeds and on the mortgage, something I was happy to do because it also safeguarded my interest in the properties in the event that either child should get married or take a partner who moved in with them. At the time Capital Gains Tax for higher rate tax payers, such as myself, was at a lower level. Will I pay more tax as a result of changes announced in the recent Budget?
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