guardianship order meaning

In this issue: Practice and procedure Financial provision Private children Public children International children LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q&As New legislation Useful information Practice and procedure UKSC Deputy President gives speech on the law and AI On 30 November 2023, Lord Hodge, Deputy President of the Supreme Court, delivered an address at De Montfort University, Leicester, on the relationship between the law and artificial intelligence (AI). He underlined the imperative to reshape legal rules to recognise and regulate emerging technologies, and pointed to the opportunities these innovations offer to strengthen both the legal and justice systems. See: LNB News 03/01/2024 44. Survivors of domestic abuse and their lived experiences with temporary ‘safe’ accommodation in England The Office for National Statistics has released qualitative research examining survivors’ experiences of accessing, living in, and moving on from temporary ‘safe’ accommodation in England. MoJ...

In this issue: Probate Court of Protection Elderly and vulnerable clients HMRC Manuals updates Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Insolvency—private client Contentious trusts and estates International Question of the week Additional Private Client updates this week No Weekly Highlights on 24 April 2025 Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate Non-exempt beneficiary’s share of estate liable for IHT under Re Ratcliffe (Changizi v Changizi) Tax analysis: Following a deed of variation, the testator’s English estate was apportioned 5/6 to his widow and 1/6 to his son. The personal representatives had additionally settled inheritance tax (IHT) arising from failed potentially exempt transfers (PETs) made to the son, for which they bore a secondary liability. Substantial litigation had already occurred in the matter, generating significant...

In this issue: Social housing Children's social care Governance Public procurement Social care Local government finance Licensing Planning Daily and weekly news alerts New and updated content Social housing Rent repayment orders and ‘person managing’ (Global 100 v Ross and others) Global 100 appealed to the Upper Tribunal (Lands Chamber), challenging a First-tier Tribunal (FTT) ruling which had allowed the respondent property guardian’s application for rent repayment orders (RROs) under section 43 of the Housing and Planning Act 2016 (HPA 2016). The London Borough of Haringey had entered into a contract with GGM concerning a council-owned building to provide live-in property guardianship services. In turn, GGM authorised its related company, Global 100 (G100), to issue licences to live-in guardians, a group that included the respondents to the appeal. No payments were made by the respondents to the Local Authority; instead, the authority received only a monthly sum from GGM. The respondents brought proceedings...

This Practice Note summarises the court’s powers when making a special guardianship order (SGO), including decisions about a child’s surname and any removal from the jurisdiction. It also sets out what becomes of existing orders once an SGO is made and the need to consider whether to make a child arrangements order with contact provisions. Existing orders Making an SGO does not, by itself, end any order made under section 8 of the Children Act 1989 (ChA 1989) (an s 8 order). Before granting an SGO, the court must specifically consider whether any existing s 8 order should be varied or discharged. The governing test is whether it is in the child’s best interests for an existing order to remain operative. If a CAO with contact provisions stays in force and there is an enforcement order, the court must decide whether that enforcement order should be revoked. Where an activity direction exists, the court must also consider whether it ought to be...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

Practice Note On 31 January 2018, the Scottish Government opened a consultation on potential reform of the . This was followed by the Scottish Mental Health Law Review, issued in September 2022. In July 2024, the Scottish Government released proposals for an Adults with Incapacity Amendment Act (see here), which remain out for consultation. It is also consulting on a draft Learning Disabilities, Autism and Neurodivergence Bill (see: here). The Scottish Government has signalled that broader reform of the Adults with Incapacity regime will be explored within a Work Programme running to 2030. No fresh legislation is anticipated before the Scottish Parliament is dissolved in May 2026. This Practice Note considers the (AI(S)A 2000), the statute that sets the framework for safeguarding welfare and managing finances for people in Scotland aged over 16 who lack capacity due to mental illness, learning disability or a related condition, or an inability to communicate. Incapacity means being unable to act, make choices, communicate, or understand such choices. It can also extend...

[ Insert address of the [ parent OR guardian ] in the home country ] [ Insert the Home Office address to which the application is being sent ] [ Insert date ] Dear [ insert organisation name ] Letter of support for [ insert name, date of birth and nationality of child applicant ] I am [ insert name, date of birth and nationality ], the [ father OR mother OR guardian ] of [ insert name of applicant ]. I hereby state my full support for my child’s application for UK immigration permission within the [ insert immigration category ] category. [ Describe how you are responsible for your child’s care, for example jointly with your child’s other parent, solely following the death of your child's other parent, in line with a custody or guardianship order, or as the person with sole responsibility for the important decisions in your child's life ]...

The best way to approach this issue The most effective starting point is to identify what the court will need to be persuaded of, namely: that the care order can, and ought to, be brought to an end; and that a special guardianship order may properly be substituted in its place. Whether the care order can and should be discharged turns on how far the difficulty that arose four years ago still persists. If, in truth, the threshold criteria under section 31(2) of the Children Act 1989 are no longer met, the care order can fall away. See Practice Notes: Public children—threshold criteria and Termination, discharge and variation of care and supervision orders...