Author: Karen

Industrial Deafness

/ Karen

Deaf Awareness Week 2021 runs from 4th – 9th May 2021 and aims to promote the positive aspects of living with deafness and raise awareness of organisations that work to support those living with hearing loss and deafness within our communities. 

To mark the event, we have put together some information on Industrial Deafness and how the law protects those who suffer hearing loss as a result of their working environment.

What is Industrial Deafness?

Industrial deafness can best be described as the deterioration of your hearing as a result of your working environment and conditions.  Any employee who is exposed to loud noise over a prolonged period, or in exceptional cases even for a relatively short period, is at risk of developing industrial deafness.

What is Tinnitus?

Tinnitus is a physical condition (rather than a disease) and can also be caused by an overexposure to noise. The condition manifests itself by causing noises (most often described as ‘ringing’) in the ears when no such noise is actually present.

How might my hearing loss be caused by my job?

The length and intensity of exposure to loud noises both on a daily basis and over a period of time are contributing factors to industrial deafness and tinnitus. Occupations which are most frequently affected by industrial deafness and tinnitus are those who use heavy machinery and include the manufacturing, construction, agriculture and transport industries.

How does the law protect me if I have suffered Industrial Deafness?

At work, your employer has a duty to minimise noise in the workplace in order to prevent the high exposure levels which have been proven to be a potential cause of industrial deafness and tinnitus.

There are regulations in place, including The Control of Noise at Work Regulations (Northern Ireland) 2006 which outline what acceptable levels of noise are, how employers should ensure that noise levels are minimised and that suitable protective equipment, such as ear defenders, is provided.

There is a claims process available for those who may have been affected by noise levels in their workplace and have suffered tinnitus or industrial deafness as a result. A person suffering from industrial hearing loss may also be eligible for Industrial Injuries Disablement Benefit. It would therefore be important for legal advice on all options available to be sought at the earliest instance from a solicitor specialised in this complex area of law.

If you require further information on Industrial Deafness, please feel free to contact us here.

Social Services & Your Children

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swan

Many parents may feel anxious at the prospect of having Social Services become involved with their family– perhaps because of experiences they may have heard from others, read in the media or just simply because they are frightened that Social Workers will try to remove their children from their care. 

These fears are completely natural and not many parents appreciate a stranger, no matter how professional and qualified they may be, “coming into my home and telling me how to raise my kids”.

That being said, Social Services do play an important role when it comes to ensuring the safety and well-being of children in our community

Who are Social Services?

Community Care and Social Service in Northern Ireland is provided by a number of Health & Social Care organisations, known as ‘Trusts’. There are a total of 6 Health and Social Care (HSC) Trusts in Northern Ireland.

Each HSC Trust provides an array of social services, from children’s services, disability services, older people services, mental health services and services for vulnerable adults to name a few.

What is the role of Social Services when dealing with children?

Social Services have an obligation by law to safeguard the welfare of children who they believe may have suffered, or are at risk of suffering harm.

How can Social Services become involved with my family?

A Social Worker can become involved with your family in many ways:-

  • You may directly request support from Social Services in times of stress or for help regarding a particular child or family problem you have.
  • Teachers, Health Visitors, GPs or other professionals working with your family or children may make a referral to Social Services if they have any concerns about a child.
  • Any person, whether known to you or anonymous, who is concerned about the treatment of your child can make a referral to Social Services seeking that they investigate matters.
  • It is also common for the Police to refer matters to Social Services, for example in instances where domestic violence between adults could potentially result in harm to the children.

Can Social Services remove my children from me?

If Social Services believe that your child is at risk of suffering significant harm if they remain with you, they can (if certain criteria are satisfied) apply to the Court and request an Order for the removal of your child from your care. These proceedings are known as care proceedings.

However, issues that Social Services have with your care of your children can be resolved without the need for care proceedings

How can I avoid care proceedings?

If a Social Worker becomes concerned about the welfare of your child, in most cases they will firstly arrange a meeting with both parents to see if it is possible to reach agreement about what needs to happen to protect your child from harm, so that Court proceedings can be avoided.

This meeting is known as a pre-proceedings meeting.

The Social Worker is required to send both parents a letter inviting them to attend at this meeting.  This letter will also set out in detail and in plain language exactly what the concerns are and exactly what Social Services suggest should be done to deal with these concerns and avoid Court proceedings. It is very important for parents to attend at a pre-proceedings meeting with Social Services.

Am I entitled to legal representation at a pre-proceedings meeting?

Yes, each parent is entitled to bring a legal representative with them to a pre-proceedings meeting and they will be entitled to Legal Aid to cover any legal costs, regardless of their income.

What if I do not attend at the pre-proceedings meeting?

If there is a failure to engage in this process for whatever reason, this may result in Social Services issuing care proceedings in respect of your child.

If you receive a letter from Social Services inviting you to a pre-proceedings meeting you should seek legal advice immediately.

Experienced and professional legal advice at this stage of Social Services involvement with your family will go a long way in helping to address any issues or concerns that Social Services may have whilst potentially avoiding the need for lengthy and stressful Court proceedings.

if you require any further information in respect of Social Service involvement with your family, please feel free to contact us here 

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Top Tips for First Time Buyers

/ Karen

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So, you’ve decided that now is the time to take the plunge and set your feet firmly on the property market by buying your first home.

Though buying property can be an exciting time for many, it can also be a daunting experience and will be one of the largest financial commitments you will make in life.

So what kind of issues should you be considering when house-hunting?

1. Know your budget

It is important before you get going to seek the advice of an independent financial adviser to find out how much of a mortgage you could be given by a lender and how much of a balance you will have to pay towards the property from your own savings.

A deposit of around 10% of the house price is normally required but the more you can put down to begin with, the better the mortgage deal you will be able to get.

Be realistic about your lifestyle after you move into the property and don’t overstretch yourself in your monthly mortgage commitments. Remember you will also have other outlays before you get your keys such as legal fees, additional surveys, mortgage product fees and stamp duty so be sure to figure them into your budget along with any costs for redecorating and furniture.

2. Research! Research! Research!

It’s a little odd that we make a commitment to spend a very large sum of money based on a quick walk round a property, possibly with other potential buyers present. When you are viewing a property you like, ask as many questions as you can; When was that sunroom built? Does it have planning permission? Is there a warranty? Who are your neighbours? Who owns that massive tree overhanging the garden and who is responsible for trimming it?

Get a second viewing of the property and consider commissioning your own survey – remember, a survey carried out for mortgage purposes is for the bank’s protection, not yours.

If you don’t already live in the area, then visit the location at several different times of the day and night, weekday and weekend. The character of a neighbourhood can really change depending on the time of day. Check the amount of rates payable for that area. Check out local schools, transport routes and sports facilities. Ask yourself; “Is this somewhere I really want to live?”

3. Be aware of ‘common areas’

Many new developments and apartment blocks will have common areas containing stairs, lifts and common recreational space.

All apartments should have the benefit of a management company who look after the maintenance and insurance of common areas – this is also common in many new developments.

The weeding of all those flowerbeds isn’t cheap and so to maintain and insure the common areas of a development or apartment block, each resident is required to pay an annual service charge to the company managing the development or apartments. This charge may be over £100.00 per month and in some developments substantially more. The estate agent showing you around the property should be able to give you an idea of the service charge before you place your offer. Ask yourself can you afford this as well as your other outgoings.

4. Make yourself an attractive purchaser

Demand for property is now strong and you want to have the competitive edge if you are bidding on a new home. The key to this is being prepared:-

  • Have a mortgage agreement in principle in place – this is a document from your chosen lender saying they are happy to lend to you.
  • Have proof that you have the deposit monies in your bank account.
  • Return calls to the estate agent promptly.

Showing that you are keen and engaged can go a long way to securing your property. Speak to a solicitor in advance and know who you are going to appoint to represent you in the purchase of the property

Above all else, don’t get caught up in the excitement and either over-commit yourself financially, or end up in a property you like, but don’t love. Take your time to make the right choices to ensure that in the end, there really is no place like home.
Happy house hunting!
This post has been provided by property lawyer Ruth Flinn of Francis Hanna & Co. Solicitors. Should you require any further information on buying a house in Northern Ireland or if you would like a free no-obligation quote, please contact Ruth on rflinn@fhanna.co.uk

Having Contact with your Grandchildren

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grandparentsThe bond between a grandparent and their grandchild is often regarded as one of the most precious relationships in life.

Grandparents are free of the stresses of parenting and can simply enjoy a fun and loving relationship with their grandchild.

Often this relationship can be of great benefit, not only to both grandparent and grandchild but also to busy parents who can have some valued time off from parenting.

But what happens to those grandparents for whom a relationship with their grandchild is impossible due to refusal by either or both parents to allow them to have contact time with their grandchildren? Often this can happen when the parents have separated and acrimony develops amongst the wider family.

I am not being allowed to see my grandchild – what can I do?

If you are a grandparent who is being refused contact with your grandchild, you can make an application to the Court for a Contact Order.

What is a Contact Order?

A Contact Order would allow you Court-ordered contact with your grandchild. This application would be made under the Children Order (NI) 1995.

What is the process for applying for a Contact Order?

At first instance, you must seek permission from the Court to bring an application for a Contact Order. Permission is normally sought at the same time as making the actual application and in all but exceptional circumstances this permission is granted. Once permission has been granted, the Court then considers in more general terms your application for contact.

Who would be involved in contact proceedings?

The Court considers in more general terms a grandparent’s application for contact. Each parent would be a party in this application and they are entitled ask the Court to consider any objections which they may have in relation to a grandparent having contact.

What does the Court have to consider when making a Contact Order?

The Court considers all the circumstances of the case and in particular the best interests of the child involved. The Court may ask a Court appointed social worker, known as a Court Children’s Officer, to speak to the child in order to establish what his/her views are in relation to having contact with their grandparent. A child’s views will be taken into account however how much weight the Court places on their views will depend on their age and understanding – for example, the Court will consider the wishes and feelings of a 13 year old much more than they would of a 5 year old.

How much contact can I expect to get with my grandchild?

Whilst Courts are sympathetic to grandparent’s applications for contact and are aware of the importance of such a relationship, a grandparent would not generally expect as much contact as a parent who is living apart from his/her children.

In some exceptional circumstances a grandparent may apply for their grandchild to reside with them. This would generally be in cases where the parents are not providing adequate care for their child. In these cases, a grandparent could apply for a Residence Order. If a grandparent is awarded a Residence Order, they automatically acquire Parental Responsibility for the child for so long as the Order remains in place. This means that they can have a right to make decisions that are in their grandchild’s best interests.

It is of course of benefit to all concerned if contact arrangements can be agreed between parents and grandparents without having to go through the Courts. However, it is no doubt reassuring to many grandparents that they are able to exercise their rights via the Court if they are being refused contact with their grandchild.

If you would like any further information on the issue of grandparent contact, please feel free to contact us directly here  or alternatively leave your comments confidentially below

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Making a Will

/ Karen

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We all know the saying, ‘Life is what happens when you’re busy making other plans’. However, with the hustle and bustle of everyday life, it is sometimes difficult to make any plans at all!

Few people would deny the sense in making a Will, and most of us have at one stage or another considered it, but many of us just don’t get round to the task. Everyday life seems to get in the way and besides, talking about death is a little depressing don’t you think?!

Why should I make a Will?

Well, there is nothing morbid about making a Will – you can rest assured that it does not hasten the event! In reality, taking a little time to plan how you would wish your assets to be distributed upon death and knowing that your family and children have been properly provided for as per your wishes goes some way to relieving the stresses and worries that many of us may have about death, particularly as we get older. Essentially, by making a Will, you control who inherits and how much of your estate each of your chosen beneficiaries receive.

What if I have not made a Will?

If you have not made a Will, then laws made many years ago (which many people feel are now outdated) direct who the recipients of your estate will be. In today’s world, the patterns of family life are much more diverse and a family may include the following:-

  • Children by more than one partner
  • Step-children
  • Long-term unmarried partners.

If you have not made a Will, these are all complicating factors. For example, if you are unmarried but have a long term partner and child together, you may wish, and expect, that your partner would be first in line to inherit, and your child second, however  if you have not made a Will stipulating this, your child will inherit your estate if you die and NOT your partner.  If married, your spouse moves to first in line but does not necessarily take all of your estate. Therefore, if you wish to have the reassurance that each and every member of your family is accounted for upon your death, making a Will is the best option for you.

Planning ahead can save you money and heartache, and most importantly will ensure YOU are in control of what happens after your death.

For more information on how to make a Will, please feel free to contact us here or alternatively leave your details below. 

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