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PRACTICE NOTES
This Practice Note explains the circumstances in which an application can be made for a top-up maintenance order where a maximum maintenance calculation has been made by the Child Maintenance Service (CMS) and the gross income of the non-resident parent (NRP) exceeds a specified level. It provides guidance on the procedure for making an application under the Matrimonial Causes Act 1973 (MCA 1973), the Civil Partnership Act 2004 (CPA 2004) and the Children Act 1989 (ChA 1989) for a top-up maintenance order. It also considers orders that may be made in respect of step-children. For information and practical guidance on the statutory child support scheme, see: Child Maintenance Service—overview. Applicable law An application can be made to the court for a 'top-up' maintenance order where a maximum maintenance calculation has been undertaken by the CMS, and the NRP’s gross income exceeds £3,000 per week. The court must be satisfied that the circumstances of the case make it appropriate for the NRP to pay additional periodical payments under a maintenance order over and above the maximum maintenance
NEWS
The Welsh Government has published the outcome of the Children Act 2004 Children Missing Education Database (Wales) Regulations consultation. The consultation gave stakeholders and members of the public an opportunity to provide input on the Children Act 2004 Children Missing Education Database (Wales) Regulations. The Cabinet Secretary for Education, Lynne Neagle, states that: 'after careful consideration of all responses, the Welsh Government has consented to move forward with implementing the Children Act 2004 Children Missing Education Database (Wales) Regulations, and the Education (Information about Children in Independent Schools) (Wales) Regulations.'
PRACTICE NOTES
This Practice Note summarises the key offences relating to the sale of alcohol to under aged children under Licensing Act 2003 (LA 2003). For general information about alcohol licensing, see: Licensing of alcohol and entertainment—overview. The children and alcohol offences The LA 2003 creates a wide range of offences involving children and alcohol. The most common offences are: • sale or supply of alcohol to children • allowing the sale or supply of alcohol to children • persistently selling alcohol to children • purchase of alcohol by or on behalf of children Note however that purchase of alcohol by or on behalf of children under LA 2003, s 149 is rarely prosecuted. All of the offences under LA 2003 are summary only offences which can only be tried in the magistrates' court, with some carrying the possibility of an unlimited fine and/or imprisonment (see Practice Note: Summary of offences under the Licensing Act 2003). Time limits for bringing proceedings The time limit for commencing
PRACTICE NOTES
In brief Data protection laws in the UK seek to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To help ensure that, UK data protection laws impose a large number of obligations on those ‘processing’ personal data (and on the controllers of such processing). The UK data protection regime expressly recognises that the processing of children’s personal data requires specific protection and provides enhanced protection for children’s personal data. This is because children may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. Those additional protections are also relevant to organisations which aren’t actively seeking to process children’s personal data (eg designing a service aimed at adults) since they will need to consider whether they may inadvertently end up processing children’s personal data (eg if a child accesses that service). Organisations that do not adequately protect children’s data protection rights and privacy are a particular focus of the UK Information Commissioner’s Office (ICO). For examples
PRACTICE NOTES
The UK data protection authority, the Information Commissioner’s Office (ICO), has made the processing of children’s data subject to the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) a regulatory priority. The Data Protection Act 2018 (DPA 2018) required the ICO to produce a statutory Code of Practice (the Code) on age appropriate design for providers of information society services (ISS) that process personal data and are likely to be accessed by children. The Code is also commonly referred to as the ‘Children’s Code’. This Practice Note summarises the key requirements set out in the Code. For broader guidance and background on the UK GDPR and children (including any impact of the UK GDPR being ‘assimilated’ into domestic law) read Practice Note: Children and data protection law in conjunction with this Practice Note. For guidance on the meaning of ISS, see Practice Note: Children and data protection law—Key concepts and definitions for the processing of children’s personal data. Most online services, such as search engines,
PRACTICE NOTES
This Practice Note sets out tables of eligibility, based on the Immigration Rules, for applications for settlement — for indefinite leave to enter or indefinite leave to remain — as the child of a person (or, in some limited cases, a relative of a person) with settled status in the UK. This includes eligibility for applications where the child currently has limited leave to remain as the child of a parent with limited leave to remain as a partner of a settled person (under Part 8 or Appendix FM) and the child and parent are applying for ILR at the same time. The Immigration Rules, Part 8, paras 297‒300 will apply where both of the child's parents have settled status, where one parent has settled status and the other has died and, in certain circumstances, where one has settled status and the other does not (eg where the settled parent has sole responsibility for the child or where the non-settled parent is applying for settlement
PRECEDENTS
I am pleased to confirm that you have been granted indefinite leave to [enter OR remain in OR the UK. You are now treated as having settled status. [I am pleased to confirm that you have been granted indefinite leave to enter the UK (otherwise known as settlement). You have been issued with a short-term entry clearance valid for 90 days from [insert date], to enable you to travel to the UK. Please contact us as a matter of urgency if any circumstances arise which mean that you will be unable to travel during this period. OR I am pleased to confirm that you have been granted indefinite leave to remain in the UK (otherwise known as settlement).] Please note that while the information below is correct as at today's date, UK immigration law is subject to regular change. Accessing your eVisa Your indefinite leave to enter OR remain in] the UK is issued in digital format (also known as an ‘eVisa’). [In
PRACTICE NOTES
A child may be eligible to apply for indefinite leave to enter or remain under Part 8 or Appendix FM where: • both parents have settled status in the UK, or one parent has settled status and the other is applying for indefinite leave to remain at the same time as the child • one parent has settled status and the other is dead • one parent has settled status and has had sole responsibility for the child's upbringing • the child is applying for indefinite leave to remain, one parent has settled status and the child normally lives with that parent and not their other parent, or • one parent or relative has settled status, there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care If one of the child's parents has been granted or is applying for limited leave as the spouse, civil partner or unmarried partner of a settled
PRECEDENTS
Documents for main applicants Evidence of the sponsor parent(s)' income and funds: Examples of the types of documents that should be supplied are provided below. The six-month period requested is not a requirement of the Immigration Rules, but is suggested as an appropriate period for evidencing income and savings —payslips for the past six months (for employed persons), and—evidence of income from business/self-employment for at least the past six months (for self-employed persons):(a)—letter from registered accountant for the business confirming income received by sponsor parent(s) over that period(b)—invoices, and/or(c)—business accounts An accountant providing a letter in support of an application must be registered in accordance with a relevant professional regulatory body in their country of practice —personal bank or building society statements or passbooks for the past six monthsBank or building society statements should show what has been paid in and out of the accounts for the past six months. All statements should include the following details:—name of the account holder(s)—account number—date of the statement, and—bank’s name and logoA declaration is needed
PRECEDENTS
A. Documents for main applicant Evidence of the sponsor parent(s)' income and funds: Examples of the types of documents that should be supplied are provided below. The six-month period requested is not a requirement of the Immigration Rules but is suggested as an appropriate period for evidencing income and savings —payslips for the past six months (for employed persons), and/or—evidence of income from business/self-employment for at least the past six months (for self-employed persons):(a)—letter from registered accountant for the business confirming income received by sponsor parent(s) over that period(b)—invoices(c)—business accounts An accountant providing a letter in support of an application must be registered in accordance with a relevant professional regulatory body —personal bank or building society statements or passbooks for the past six monthsBank or building society statements should show what has been paid in and out of the accounts for the past six months. All statements should include the following details:—name of the account holder(s)—account number—date of the statement, and—bank’s name and logoA declaration
PRECEDENTS
[Insert current residential address(es) of sponsor(s)] [Entry Clearance Officer, [Insert name of decision-making centre to which the application is being sent] OR [Insert Home Office address where application is being sent]] [Insert date] Dear [insert organisation name] Letter of support for [insert name of applicant, nationality and date of birth] [I am a [insert the nationality of the sponsor] national and am the [state the relationship
NEWS
Family analysis: This case involved the novel issue of who the respondents to an application for leave to revoke placement orders will be, and similarly whether there is an automatic obligation for the appointment of a children’s guardian in such an application. Lord Justice Baker (with whom Lord Justice Lewis and Lady Justice King agree) makes clear in his detailed judgment that (somewhat surprisingly and likely contrary to how such applications may have been conducted to date) subject children will automatically be respondents to leave to revoke applications. The appointment of a children’s guardian is likewise obligatory. Allowing the appellant grandmother’s appeal and setting aside the first instance order refusing leave, the Court of Appeal directed a rehearing before a different circuit judge, with consideration also to be given to the appointment of a different guardian. Written by David Wilkinson, solicitor at Slater Heelis.