Embedded Files
Contact with non-resident children
Options given:
· Speak to mutual friends/family who might be able to mediate between cl and ex-partner
· Write a formal letter to ex-partner to try to reach an agreement regarding contact with child.
· Instruct a qualified family mediator to try to come to an informed decision & ask mediator to conduct a legal aid calculation. Gave client contact details for the National family Mediation (http://www.nfm.org.uk/ 0300 4000 636 Mon – Fri 9am – 5pm).
· If family mediation is unsuccessful then the final step could be to apply to Court for a Child Arrangements Order using Form C100.
· Read through the guide titled “Contact” on the Child law Advice: http://childlawadvice.org.uk/information-pages/contact/
· contact the Child Law Advice service (0300 330 5480 Monday - Friday between 8am to 6pm) who provide initial free child law advice
References
http://nfm.org.uk/index.php/family-mediation/mediation-information-meeting-miam
Help with legal costs - legal aid (EW) § Family, children and domestic abuse
Unsuccessful ESA application
Explained that cl has 1 month from the date of the decision to request a mandatory reconsideration explaining why cl disagrees with the decision. Suggested cl supports this with medical evidence from their GP/health professional.
Explained that cl will receive 2 copies of a mandatory reconsideration notice once a decision has been made. If this decision is still negative, explained that cl can then appeal directly to the HM Courts and Tribunals Service on a form called an SSCS1 within 1 month of the date of the mandatory reconsideration notice with 1 copy of the mandatory reconsideration notice and any written medical evidence from a medical professional.
Explained that you can only claim ESA from the appeal stage (the date when HMCTS receive the mandatory reconsideration notice) but cl may be able to claim JSA until this date and then change their claim to ESA and supply a medical certificate from GP. Explained that if you have a medical condition you have the option of discussing it with your JC adviser as you may be able to restrict your job-seeking agreement.
Explained that you can continue to get HB/CTR even if your ESA stops. However, if your ESA stops, the DWP will usually tell the council and the council may stop your Housing Benefit or Council Tax Reduction. This is because they may think you’ve got other income now, for example that you may have started a job. You should get in touch with the council straight away and explain why your ESA has stopped and that you’ve asked for a mandatory reconsideration.
References
Appealing against a DWP benefit decision (EWS)
Your money and benefits during an ESA reconsideration (EWS) § If you’ve been told you’re not eligible for ESA
Benefits for people looking for work (EWSNI) § Available for work
Disciplinary meeting
Guided cl to section on CitA website titled Disciplinary meetings for cl to read through. Explained that cl should have been given sufficient evidence and an explanation as to why her employer is organising the meeting. Explained that cl should be given sufficient time to prepare for the meeting and gather her own evidence and cl should request that the meeting is postponed to prepare if she has not had sufficient time.
Suggested that cl draft a statement of what cl wants to say during the meeting and gathers evidence to support case.
Explained that cl has the right to be accompanied to the meeting by a colleague, trade union representative or an official employed by a trade union. Explained that you don't have a right to bring anyone else. You can ask your employer, preferably in writing, if someone else can accompany you, but they don't have to agree to this.
Explained that cl’s employer should write to her with the decision on the meeting and should provide her with information on the employer’s appeals procedure.
Also gave cl number for ACAS for further employment dispute advice 0300 123 1100 Mon –Fri 8am – 8pm; Sat 9am – 1pm
References
https://www.citizensadvice.org.uk/work/problems-at-work/disciplinary-meetings/
Employer withholds pay
Explained that if your employer withholds wages that they have previously agreed to pay you then this may be an unlawful deduction of wages.
Explained that ultimately, cl has 3 months from the date of the deduction to make a claim at an employment tribunal.
Suggested if cl does consider taking legal action against their employer that they get specialist employment law advice. Gave cl the contact details for the employment law advisers at the Rochdale Law Centre. Explained that after Rochdale Law Centre's free 30 minute telephone or face to face consultation they charge for their services and cl would need to discuss these charges directly with the RLE.
Gave cl contact number for T2U (0808 802 2000 Mon – Fri 9am – 8pm) for a full benefit check and grants search to establish whether there is any way in which they can maximize their income.
Options given:
· Guided cl to CitA document - Problems getting paid: https://www.citizensadvice.org.uk/work/rights-at-work/pay/problems-getting-paid/
· Discuss the issue with employer and see whether it can be resolved informally.
· Write to employer about the issue and follow employer's internal grievance procedure if they have one. Stressed that cl needs to bear in mind the potentially negative affect making a formal complaint could have on his working relationships.
· Guided cl to Citizens Advice sample letter – Letter to raise a grievance at work: https://www.citizensadvice.org.uk/work/problems-at-work/Letter-to-raise-a-grievance-at-work/
· If this is unsuccessful gave cl the contact details for ACAS 0300 123 1100 (Mon – Fri 8am – 8pm & Sat 9am – 1pm) for support and advice on resolving an employment dispute.
Illegal eviction
Explained before evicting you your landlord must give you correct notice and once this has expired in nearly all cases a court order is needed, and further notice of court proceedings is often required and it is only bailiffs instructed by the court that can carry out the eviction. Explained that it's a criminal offence for your landlord to evict you without following the correct legal steps for eviction so they cannot change the locks, threaten you or physically forces you out of the property.
Explained if they do so cl should call the police on 999 and/or the local authority’s tenancy relations officer.
Sources
Common problems with renting (EW) § Facing eviction
Boundary dispute
Explained that if a dispute arises between neighbours about the boundary between their properties, it will be necessary to establish who owns the disputed land. The primary evidence will be contained in the legal documents.
If the barrier belongs to one owner, they can use it as they wish, without the neighbour’s consent, providing it is safe. The neighbour has no rights over the barrier.
If a fence is jointly owned, each neighbour can use it for support, provided neither makes it unsafe. Any repairs should be financed jointly.
Options given:
• Check property deeds to establish ownership of the fence
• Speak to the neighbour to try to resolve the matter
• If this is unsuccessful write a letter to neighbour to try to resolve the matter
• Try civil mediation: use gov.uk website to locate nearest mediator http://civilmediation.justice.gov.uk/
References
http://www.rics.org/Global/RICS-Boundary-Disputes.pdf
Neighbour disputes (EWNI) § Establishing the boundaries and ownership
Disciplinary meeting
Explained that cl should have been given sufficient evidence and an explanation as to why her employer is organising the meeting. Explained that cl should be given sufficient time to prepare for the meeting and gather her own evidence and cl should request that the meeting is postponed to prepare if she has not had sufficient time.
Explained that cl has the right to be accompanied to the meeting by a colleague, trade union representative or an official employed by a trade union. Explained that you don't have a right to bring anyone else. You can ask your employer, preferably in writing, if someone else can accompany you, but they don't have to agree to this.
Explained that cl’s employer should write to her with the decision on the meeting and should provide her with information on the employer’s appeals procedure.
Options given:
Read through section on CitA website titled “Disciplinary meetings”: https://www.citizensadvice.org.uk/work/problems-at-work/disciplinary-meetings/
Draft a statement of what you want to say during the disciplinary meeting
Gather evidence to support case.
Contact ACAS for further employment dispute advice: 0300 123 1100
Tenancy deposit
Explained that tenancy deposits should be protected and tenants should be given information about the scheme within 30 days of the tenant paying the deposit. Gave cl the option of requesting details of the tenancy deposit scheme from the landlord and making a written complaint to the landlord if the deposit has not been protected.
Explained that if your landlord has not done this then you can take action in the county court to recover your tenancy deposit or claim compensation and the court could fine the landlord up to 3 times the cost of the deposit
Explained that cl would need to pay a court fee for submitting a claim unless she is entitled to a fee remission due to a low income.
Guided to Shelter document titled “Court action for a tenancy deposit refund” which includes a sample letter before action which cl will read through.
References
https://england.shelter.org.uk/housing_advice/tenancy_deposits/court_action_for_a_tenancy_deposit_refund
https://www.citizensadvice.org.uk/housing/renting-a-home/tenancy-deposit-schemes-overview/
Letting agency complaint
Options:
- Read through Shelter’s guide:
“Complaints about letting agents”; and
“ Letting “agent redress schemes”
- Speak to letting agency Branch Manager
- Ask for copy of letting agency’s complaints procedure and make written complaint to letting agency
- If you get to the end of the letting agency’s complaints procedure and this is still unsuccessful in resolving the matter then refer complaint to ombudsman, letting agency must be a member of one of the three:
1. The Property Ombudsman
2. Ombudsman Services: Property
3. The Property Redress Scheme
References
http://england.shelter.org.uk/get_advice/private_renting/problems_with_renting/letting_agent_redress_schemes
Next Steps
T2U
Gave cl the contact details for Turn 2 Us for a full benefit check (0808 802 2000 Mon – Fri 9am – 8pm) Explained that cl would need to have to hand details of household income/ capital/ working hours/tenancy/mortgage agreement/ recent council tax bill.
Transferred to Citizens Advice consumer helpline
Outcome
Transferred call to Citizens Advice Consumer helpline and gave cl their contact number 0345 404 0506 Mon - Fri 9am - 5pm.
Referrals to other Citizens Advice
Will refer cl's case to ……………………Citizens Advice via work queue for a call back within the next 5 working days.
Referrals to other Citizens Advice for debt advice
Will place cl’s case in the work Q for …….......Citizens Advice and cl will receive a callback within 5 working days from the local Citizens Advice or from the Citizens Advice debt contact centre.
Debt referral – Oldham & Rochdale clients only
Will refer cl’s case to a debt adviser via task to Dave Oglaza for a call back within the next 5 working days from the local Citizens Advice or from the Citizens Advice debt contact centre.
Benefits referral – Oldham & Rochdale clients only
Will refer cl’s case to a benefits adviser via task to Neil Murray for a call back within the next 5 working days.
Housing referral – Oldham & Rochdale clients only
Will refer cl’s case to a housing adviser via task to Ryan Wharmby for a call back within the next 5 working days.
Generalist appointment - Rochdale clients only
Booked cl appointment on ……… at …..am at ………… with Gary
Generalist appointment - Rochdale clients with children under 5 only
Gave cl the contact number for the …………….Children’s Centre for cl to book an appointment with a Rochdale Citizens Advice Adviser
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