What is Mediation?
A Mediator is an independent person who will help disputing parties to try and reach resolution. A mediator will meet with you and the other party, identify those issues you can’t agree on and help you to try and reach agreement. Mediators are neutral and will not take sides in any dispute.
Mediators are not advisors and will not give legal advice on your individual position. You will be recommended to obtain legal advice alongside the mediation process and should ensure that you do so before reaching an agreement.
If you need help regarding a family dispute, please contact our Family Solicitor, Stacey Phoenix, for a free no-obligation appointment or discussion via telephone.
The Mediation Protocol and the Family Proceedings Rules 2010
The new Family Proceedings Rules were introduced on 6th April 2011. The rules reform the existing procedures for Family Law.
One of the main introductions contained within the rules is the inclusion of compulsory mediation within divorce proceedings. This means that all separating and divorcing couples will be referred to mediation to try and settle matters before being allowed to make an application to the court.
If you need help regarding a family dispute, please contact our Family Solicitor, Stacey Phoenix, for a free no-obligation appointment or discussion via telephone.
Child Protection – Things to remember.
Our Middlesbrough Solicitor advises;-
- The purpose of a Child Protection Conference is to bring professionals together with the family of a child at possible risk of harm;
- A decision will be made and help and support will be offered;
- Child Protection involvement does not mean that the Local Authority are going to take your children away;
- You are entitled to have a solicitor with you at a Child Protection Conference, for advice and support;
- Legal Help (a form of legal aid) is available for assistance at a CPC and you should check to see if you are eligible.
If you need help because you have been invited to attend a Child Protection Conference, call us first for caring professional advice. You may be eligible for free advice under the Legal Help Scheme (legal aid) and we can assess you for this. Ask to speak to our specialist Family Solicitor, Stacey Phoenix.
Child Protection Plan – What happens next?
Our Middlesbrough Solicitor explains;-
At the Child Protection Conference, a date will be agreed for your first Core Group Meeting, which you will need to attend. Solicitors do not usually attend these meetings as they are informal and relaxed, but in some circumstances you can request that your Solicitor attends with you.
The Chair will also set a date for a Review Child Protection Conference, three months from the date the child is made subject to a child protection plan.
A further review will take place six months after the Review Child Protection Conference and it is at this stage that the professionals will look at the progress made and decide whether or not the child can be “deregistered”. If this is not the case then the plan will continue to be reviewed on a six monthly basis.
If you need help because you have been invited to attend a Child Protection Conference, call us first for caring professional advice. You may be eligible for free advice under the Legal Help Scheme (legal aid) and we can assess you for this. Ask to speak to our specialist Family Solicitor, Stacey Phoenix.
What happens at a Child Protection Conference?
The meeting will be led by the Chair; this is an independent safeguarding officer who makes sure that the meeting follows the correct schedule. There will also be a minute-taker at the meeting, who writes down everything that happens, to allow a report to be provided to everyone involved.
At the meeting it has to be established whether the child is at continuing risk of significant harm.
The test for this forms three parts;
- The child can be shown to have suffered ill-treatment or impairment of health or development as a result of physical, emotional or sexual abuse or neglect, and the professionals believe that this is ongoing or is likely to continue;
- The professionals believe that the child is likely to suffer ill-treatment or impairment of health or development as a result of physical, emotional or sexual abuse or neglect;
- The child has suffered neglect.
If this is the case then the professionals at the conference will decide if the child;
- Should be made the subject of a child protection plan;
- Should be considered as ‘a child in need’;
- Should be neither of the above and no action is required.
What is a Child in Need?
A child can be a “child in need” without being subjected to a Child Protection Plan. This is usually the case if the level of concern is not high or if there have already been improvements within the family environment.
If a “child in need” plan is needed, it will be drawn up at the meeting and it will then be reviewed every 6 months.
What is a Child Protection Plan?
A Child Protection Plan is an agreed plan which states how matters should progress and what action should be taken. This could be action required by the parents, carers or professionals, and this allows for interagency help.
If a Child Protection Plan is needed then the Chair will determine the category or categories of abuse, which are detailed below.
The conference must agree on the appointment of a key worker, and decide when the first Core Group Meeting will take place. A Core Group Meeting allows the family and professionals to meet on a regular (monthly) basis in a more informal setting, the aim being to monitor progress and to offer support. These meetings usually take place at the parents’ home, the child’s school or sometimes at the local Social Services’ office.
The Plan will agree upon the duties and responsibilities of the Core Group members and the family.
Categories of abuse;
When it has been decided that a Child Protection Plan is needed, the Chair of the CPC will decide on one or more of the following categories by which the child will be made subject of the Plan;-
Neglect
Persistent or severe neglect of a child, failure to protect from danger or extreme failure to carry out aspects of care resulting in impairment of child’s health or development, including non-organic failure to thrive.
Physical injury
Actual or likely physical injury to a child or failure to prevent injury or suffering.
Sexual abuse
Actual or likely sexual exploitation of a child or adolescent. The child may be dependant and/or developmentally immature.
Emotional abuse
Actual or likely severe adverse effect upon the emotional or behavioural development of a child, due to persistent or severe emotional ill treatment or rejection. This is only used as a category where it is the sole or main form of abuse.
In some circumstances, the child may need to be made the subject of a plan, due to the severity of the situation. It may not always appear that the category reflects the situation, but the category nearest to the situation will be used, because one must be chosen.
If you need help because you have been invited to attend a Child Protection Conference, call us first for caring professional advice. You may be eligible for free advice under the Legal Help Scheme (legal aid) and we can assess you for this. Ask to speak to our specialist Family Solicitor, Stacey Phoenix.
Can I have a Solicitor attend a Child Protection Conference with me?
Our Middlesbrough Solicitor explains;-
Yes you can. Parents, carers and children are entitled to have a Solicitor present with them at a Child Protection Conference. The role of a Solicitor at a CPC is as an advisor and to offer support to the client. However, in some circumstances where the client does not feel able, the Solicitor may be able to speak on their behalf.
If you need help because you have been invited to attend a Child Protection Conference, call us first for caring professional advice. You may be eligible for free advice under the Legal Help Scheme (legal aid) and we can assess you for this. Ask to speak to our specialist Family Solicitor, Stacey Phoenix.
Who can attend a Child Protection Conference?
Our Middlesbrough Solicitor explains;-
The parents or carers of the child will be invited to attend. The child may be invited to attend all or part of the conference, but only if they are of sufficient age and maturity to understand the procedure.
The professionals invited should include all those who can make a significant contribution to the discussions. Those who are invited but cannot attend should be invited to submit a written report. All of the professionals who attend the meeting should file a report outlining their involvement and other relevant information. Such reports should be provided before the meeting to allow the reader to digest the information but in practice, the reports are usually provided on the day of the CPC.
The people who may attend a CPC can include the following;
- Child or his/her representative;
- Family members (including wider family, where this is appropriate);
- The social worker or team manager who is involved with the family. This can also include any outreach workers or other Local Authority staff involved with the family;
- Foster carers or residential care staff;
- Professionals involved with the child, such as doctors, support staff, teachers or education workers;
- Professionals involved in any investigations, such as the Police or Probation Service;
- Experts, if appropriate, such as hospital consultants;
- A representative of the NSPCC
This list is not exhaustive and other relevant people may be invited to attend.
If you need help because you have been invited to attend a Child Protection Conference, call us first for caring professional advice. You may be eligible for free advice under the Legal Help Scheme (legal aid) and we can assess you for this. Ask to speak to our specialist Family Solicitor, Stacey Phoenix.
What is a Child Protection Conference?
Our Middlesbrough Solicitor explains the Child Protection procedure;-
I have been told that the Local Authority is starting child protection procedures; what does this mean?
This means that the Local Authority believes that there is a risk to a child which needs to be looked into, or that the needs of the child are not being met.
Child protection conferences bring together the child(ren) and their family members with those professionals most involved with them.
What is the purpose of a child protection conference (CPC)?
The purpose of the CPC is to:
- Bring together the family, child and professionals most involved and to analyse evidence regarding the needs of the child and the parents’ or carers’ capacity to respond to the child’s needs;
- Ensure the child’s safety and to promote the child’s health and development in the context of their wider family and environment.
Our Middlesbrough Solicitor, Stacey Phoenix, can provide you with caring and sympathetic advice at such a difficult time, on a no-obligation basis.
You may be eligible for free legal advice under the Legal Help Scheme (a form of legal aid) and we can assess you for this.
We are members of specialist Family Law organisation, Resolution;-
At Paul J Watson, Family Law Solicitors of Middlesbrough, we believe that disputing parties in family law matters should be encouraged to resolve problems amicably, rather than proceeding to Court immediately, if at all possible. This avoids the stress and the expense of prolonged court proceedings for our clients.
Resolution is a family law group which encourages family lawyers to help clients resolve their differences and come to an agreement in a constructive and non-confrontational way. Family Lawyers who are members of Resolution must abide by its Code of Practice, which is designed to promote “an approach to family law that is sensitive, constructive, cost-effective and most likely to result in an agreement”.
You can find out more about the Resolution Family Law organisation by visiting their website. That site contains special advice for parents and is recommended by this firm to anyone who is experiencing a family dispute. You can read the information at: http://www.resolution.org.uk/advice_for_parents/
Both our Family Law Solicitors of Middlesbrough, Paul J Watson and Stacey Phoenix, are members of Resolution and are committed to its Code of Practice: http://www.resolution.org.uk/editorial.asp?page_id=26
Our Middlesbrough Criminal Solicitor writes: Appearing in the Magistrates Court (Adults) – 10 things you should know.
If you need help advice at Magistrates Court from our Criminal Solicitor in Middlesbrough, call us for free advice on 01642 293427 or 07949 186589 out of hours. We can talk to you about your case and whether you would get legal aid.
1) What to do first:-
Usually it is not a good idea to attend without first taking legal advice from a specialist Criminal Defence Solicitor. Your Criminal Solicitor can advise you whether it would be a good idea to have legal representation at Court. Your Criminal Solicitor will also advise you whether you qualify for Legal Aid in the Magistrates Court. Your Criminal Solicitor will need your National Insurance Number to help you apply for Legal Aid.
2) What to do next;-
Make sure you know where the Magistrates Court is and how to get there. Most Magistrates Courts are in the town or city centre, so parking is often a problem, although public transport is usually readily available.
3) On the day:-
Make sure you are at Court on time to meet your Criminal Solicitor and appear in Court, otherwise you might breach any bail granted to you by the Police. If you are answering a Summons, then you are not on bail but it still helps to be on time. Do not ignore the proceedings: they will not go away.
4) What not to do:-
When in the Court room itself, DO NOT;-
- Wear a “hoodie” or other headgear.
- Chew.
- Have your hands in your pockets.
- Back chat the Magistrates
At different times, you will be asked to stand up or sit down. Just do it. Take the proceedings seriously. If you do not do these things, you will only make things worse for yourself.
5) How long will it take?
Usually longer than you might think. There is always a lot of waiting at Court for you and your Criminal Solicitor, so take a newspaper, I-Pod, book or a friend with you. You might be at Court all morning or all afternoon – be patient! “Kicking off” just gets you thrown out by security.
6) Will it all be over in one go?
Not unless it is a Guilty plea for a minor offence; otherwise you can expect to go back to Court at least once more, either for a trial (if you plead “Not Guilty”) or to be sentenced (if you plead “Guilty” or are found guilty after a trial).
7) Is there a crèche?
Not at Teesside Magistrates Court or Guisborough Magistrates Court, or most other Courts in the North East. Best not to take the kids at all (unless they are appearing in the Youth Court).
8) Can I get food and drink there?
At Teesside Magistrates Court, a cafe is open from 10am to 2pm every weekday. Good quality food and drink at low prices! Outside those hours, a machine is available. Just a machine at Guisborough.
9) I work, can I have my hearing on a Saturday?
No, not unless you have been arrested on a Friday night and you are the subject of a Police application to remand you in custody.
10) Will there be any publicity?
There could be, depending on how interesting the Media think your case might be. They can report what takes place at Court and publish your name and address; however, they must be careful not to prejudice your right to a fair trial (if you are pleading “Not Guilty”). Only Defendants under the age of 18 cannot be named (without the special permission of the Court).
The Government is talking about a new law to prevent the publication of the names of anyone accused of rape, unless they are convicted. No date has been fixed for this new law to be brought it and we do not know yet whether it will apply to all sex offences.
Article by Paul J Watson, Principal Solicitor.

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