Sarah O'Sullivan, Author at Tees Law

Six-figure settlement for delayed diagnosis of breast cancer claim

Posted on 24 April 201918 May 2025 by Sarah O'Sullivan

Tees has successfully settled a delayed diagnosis of breast cancer claim against Addenbrooke’s Hospital in Cambridge for a six-figure sum. The case involved Claire Radcliffe, who faced a devastating delay in receiving a correct diagnosis, significantly impacting her treatment and prognosis.

Initial misdiagnosis and delayed treatment

In 2012, at the age of 22, Claire Radcliffe discovered a breast lump. Living in Cambridge, she was referred by her GP to Addenbrooke’s Hospital. Unfortunately, her ultrasound scan was misreported, diagnosing a benign 10mm lump. Claire was reassured and subsequently discharged.

In April 2014, Claire experienced concerning symptoms, including fatigue and a newly inverted nipple. After another referral to Addenbrooke’s, she was diagnosed with a 10cm invasive cancer that had spread to her lymph nodes. She underwent radiotherapy, chemotherapy, a double mastectomy, and immediate reconstruction, followed by hormone treatment.

The impact of a delayed diagnosis

Had Claire been correctly diagnosed in 2012, the cancer could have been treated with a less invasive procedure, removing only the lump. A timely diagnosis would have prevented the need for extensive surgery, chemotherapy, and radiotherapy. Claire’s likelihood of a complete cure at that point was approximately 95%.

The 17-month delay, however, has significantly increased her risk of recurrence. Despite her resilience, Claire now faces ongoing uncertainty regarding her health and the potential for future treatment.

Legal action and settlement

Following a four-year legal battle against Addenbrooke’s, Tees successfully secured a six-figure settlement for Claire. Importantly, if her cancer recurs, Claire will have the right to pursue further compensation. The settlement also provides financial security for her and her family, particularly as Claire hopes to have children in the future.

Raising awareness: The importance of breast checks

Now 29 years old, Claire lives in Newmarket with her long-term partner, Timothy. After returning from a round-the-world trip, she is passionate about sharing her story to encourage other young women to prioritise their health.

Claire emphasises the importance of regular breast checks and trusting personal instincts:

“I was very young, just 22, when I developed cancer. It’s really important that women in their 20s realise that just because you’re young it doesn’t mean that you can’t get breast cancer.” “If you find any changes, seek help straight away. Trust your gut instinct. You know your own body – if something feels wrong, don’t hesitate to challenge your doctors.”

Legal perspective

Janine Collier, Claire’s lawyer at Tees, praised Claire’s courage:

“Claire is an incredibly brave young woman. It has been a privilege to help her seek justice and secure a fair financial settlement for the significant impact of her delayed diagnosis.”

Collier further commented on the case:

“The Trust Protocol limited the investigations due to Claire’s young age, relying solely on a physical examination and ultrasound scan. The scan was misreported, leading to the failure to perform a biopsy. The Trust has admitted that a biopsy would have identified the cancer earlier. They have apologized for this error and reviewed the case to prevent similar mistakes in the future.”

Looking forward

While the NHS continues to provide essential care, Claire’s case highlights the importance of vigilance in diagnostic processes. Medical professionals are encouraged to learn from these incidents to ensure better outcomes for patients.

To learn more about Claire’s journey, visit the BBC website where her story is featured.

Tees and Wortley Byers celebrate successful merger

Posted on 1 April 201930 March 2025 by Sarah O'Sullivan

Drinks reception marks successful merger of tees and wortley byers

The stunning Garden Room at Stock Brook Country Club was filled with a celebratory atmosphere on Thursday as it hosted a drinks reception to mark the occasion of the recent merger of two highly successful regional law firms.

Tees, with offices across Hertfordshire, Essex, and Cambridgeshire, merged with Brentwood-based Wortley Byers in January 2019. Thursday’s drinks reception was the first event to be held by the merged business.

Staff and clients gather for celebration

Staff from the firm’s Brentwood and Chelmsford offices mingled with key clients and professional contacts, enjoying drinks, canapés, and the evening’s entertainment. The highlight of the night was a captivating performance by the hugely talented Jess Folley, winner of The Voice Kids UK and daughter of Wortley Byers’ managing partner, Lucy Folley.

Reflections on the event

Ashton Hunt, group managing director at Tees, expressed his delight at the event’s success: “It was an absolute pleasure to be present at our first joint event since the merger,” he said. “Seeing everybody come together in celebration of our achievements marked the culmination of months of hard work on the part of all involved, and left everyone in attendance feeling proud and extremely optimistic about our future.”

Lucy Folley, who now sits on the Tees board in the merged firm, shared her thoughts: “We all thoroughly enjoyed our evening, and in such beautiful surroundings as well! The event allowed staff, clients, and contacts to meet, network, and look ahead to what is certain to be an exciting year of growth and opportunities for Tees incorporating Wortley Byers.”

Merger announcement – Wortley Byers merges with Tees

Posted on 22 December 201830 March 2025 by Sarah O'Sullivan

Wortley Byers has a proud heritage, with its origins tracing back over 50 years to Stamp Wortley, a well-established law firm that merged in 1967 to form Wortley Byers. Similarly, Tees has a long-standing legacy, founded in 1913 by Herbert Stanley Tee in Bishop’s Stortford. For over a century, Tees has remained committed to serving the local community with exceptional legal services.

Now, in a strategic move to enhance client offerings, Tees and Wortley Byers have announced their merger. This union combines the strengths of both firms, expanding expertise, resources, and geographic reach. Tees’ Group Managing Director, Ashton Hunt, shared his enthusiasm for this next chapter:

“I am delighted to announce this merger. Thousands of clients rely on our services, and this partnership allows us to further enhance the range and quality of our legal support.
Tees has earned recognition as a leading regional law firm, with many of our services ranked in the top two tiers by Legal 500. Wortley Byers shares our commitment to excellence, boasting a similarly strong reputation for outstanding legal services. Together, we are even better positioned to serve our clients.”

A Stronger Future for Clients

Lucy Folley, Managing Partner at Wortley Byers, will join the Tees board in the newly merged firm. She is excited about the expanded opportunities the merger brings:

“Both firms have long been known for offering comprehensive legal solutions across a range of practice areas. By joining forces, we significantly increase our depth of expertise and resources. We are also expanding our geographical footprint, ensuring even more clients have access to our legal support.
What makes this merger particularly special is our shared dedication to client care. Both Tees and Wortley Byers prioritize clear communication, practical advice, and delivering excellent results. Our clients can expect the same high-quality service they have come to rely on, with even greater capabilities.”

Committed to Excellence

This merger represents a natural evolution for both firms, uniting two organizations that have long admired each other’s commitment to legal excellence and client service. Moving forward, the newly combined firm will continue to provide friendly, expert legal guidance to individuals, families, and businesses across the region.

Whether you require support with personal legal matters or complex business transactions, the expanded team at Tees is here to help. Contact us today to learn how our enhanced legal services can benefit you.

For more information, visit our website or get in touch with one of our expert solicitors.

Defects and rectification: Do contractors have an automatic right to return and remedy defects?

Posted on 20 December 201826 May 2025 by Sarah O'Sullivan

Contractors may be surprised to learn that they do not have the right to return to remedy a defect unless a contract exists between the contractor and the employer which expressly confers the right.

A properly drawn up building contract should contain a defects liability provision which specifies a period during which the contractor is obliged to return to site and remedy any defects that may emerge after practical completion. A typical defects liability period is normally between 6 to 12 months. This affords the contractor a right to receive notice of defects in the stipulated period and to have the opportunity of correcting them at his own expense.

Without an express right to return, the contractor does not have the right to return to the site to rectify defects and the employer is entitled to engage the services of a third party to rectify any defects that emerge after practical completion. However, it is worth noting that an employer who engages a third party to remedy any defects may be criticised for acting unreasonably and failing to mitigate his loss. This is because under common law the employer has a general duty to mitigate its losses before making a claim against the contractor by taking reasonable steps to avoid or reduce them. Therefore, where an employer fails to allow a contractor to return and remedy a defect, any subsequent claim by the employer against the contractor may be limited to amount that it would have cost the contractor to remedy the defect; the costs often being significantly less than that of bringing in new contractors to do so.

The relevant test is whether the employer has failed to act reasonably by refusing the contractor the right to return and remedy the defect. If the contractor’s original work was of a low standard then the employer can argue that it was reasonable to refuse to let the same contractor return to the site.

The position is different where a defect arises and the employer notifies the contractor but contractor fails to rectify it. In this situation the employer may recover the costs of engaging a third party to rectify the defect.

If you have any queries on this article or would like advice on your company’s contractual documentation please contact us.

Coroner calls for changes after suicide verdict in Matthew Arkle inquest

Posted on 2 November 201818 May 2025 by Sarah O'Sullivan

A coroner’s inquest has concluded with a verdict of suicide in the case of Matthew Arkle, 37, who died in April 2017 at Wedgwood House in Bury St Edmunds. The mental health unit is operated by Norfolk & Suffolk NHS Foundation Trust.

Family’s concerns and missed warnings

Matthew was admitted to Wedgwood House in February 2017 after an overdose. His family and care coordinator reported a decline in his mental health, with worsening auditory hallucinations and increased smoking, which impacted his medication’s effectiveness.

Despite concerns expressed by his family and care coordinator, Matthew was granted an hour of unescorted leave on April 4th. His family had explicitly requested that he not be allowed unsupervised leave as they were away in London and feared he might feel abandoned. However, the inquest revealed that the nurse who approved the leave was unaware of these concerns.

Tragic discovery

When Matthew failed to return from his leave, the police were alerted. His mother was informed only after his absence had been reported. By the following day, the police upgraded his risk level to high. Tragically, on the morning of April 6th, Matthew’s body was discovered within the grounds of Wedgwood House, near the car park.

Questions remain unanswered

Tim Deeming, a Partner at Tees Law, represented Matthew’s family during the inquest. He highlighted the family’s concerns regarding several unanswered questions and systemic failures at the hospital.

“The Court heard about repeated failures, including poor record-keeping, inadequate communication, and the disregard of the family’s explicit requests. Matthew’s care coordinator, who had known him for years, had warned that his mood was at its lowest. Yet this vital information was not acted upon,” Deeming said.

He further criticised the hospital’s delayed response, noting that earlier police involvement may have increased the chances of finding Matthew alive.

Family’s heartfelt response

Matthew’s mother, Sheila, expressed her grief:

“We thought Matty was safe because he was in the hospital. He was let down by those entrusted with his care. If changes are made to prevent another family from going through this pain, Matty’s life will have left a legacy.”

Coroner’s recommendations

The coroner will submit a Prevention of Future Deaths report to ensure lessons are learned. The jury highlighted the following critical failures:

Inadequate record-keeping
Poor verbal and written communication
High stress levels and activity on the ward
Delayed response to Matthew’s disappearance
Inappropriate timing of his unescorted leave

Support and contact

Matthew’s family has requested privacy and asked that all media inquiries be directed to Tim Deeming at Tees Law: tim.deeming@teeslaw.com.

For free, confidential support regarding medical negligence, please reach out to legal or mental health professionals.

Delayed sepsis diagnosis in children: A Portsmouth family’s heartbreaking experience

Posted on 16 October 201818 May 2025 by Sarah O'Sullivan

The dangers of delayed sepsis diagnosis and treatment in children were tragically highlighted in the case of 19-month-old Lilly Reynolds from Portsmouth. In November 2017, Lilly’s family endured a harrowing three-day ordeal as her condition worsened, leading to a critical sepsis diagnosis that could have been prevented with earlier intervention.

The early signs and missed opportunities

Lilly, a previously healthy child with no history of medical issues, first developed a fever and showed signs of erratic breathing and low fluid intake. Her parents sought medical advice by calling 111 on November 4, 2017. The advice given was to visit an out-of-hours surgery, where a GP diagnosed a mild upper respiratory tract infection. Lilly was prescribed paracetamol and ibuprofen, with instructions to seek further medical help if her condition deteriorated.

Though there was slight improvement initially, Lilly’s condition quickly worsened by the following day. She developed a rash on her face, torso, and behind her ears, became lethargic, refused fluids, and had dry nappies. Concerned, her parents took her to the St Mary’s Hospital Walk-in Centre, where she was diagnosed with tonsillitis and prescribed antibiotics. The doctor, however, also consulted Portsmouth’s Queen Alexandra Hospital (QAH), where Lilly was advised to attend for further examination.

At QAH, a consultant ruled out the need for antibiotics, believing the infection was viral. Lilly was discharged later that evening with an open-access 72-hour follow-up, just in case her condition worsened.

The deterioration of Lilly’s condition

Unfortunately, within 24 hours, Lilly’s condition significantly deteriorated. Her parents returned to QAH, where after an initial examination, Lilly was left unattended in her pushchair for several hours. Despite her visible distress, there was little communication from the medical team. At around 2 a.m., a doctor administered a throat spray in an attempt to ease her discomfort, but shortly thereafter, Lilly was sent home with no clear diagnosis.

By midday, Lilly’s condition had worsened further. Her lips turned blue, and her oxygen levels dropped. This prompted a rapid intervention, and Lilly was rushed to the resuscitation room. Broad-spectrum antibiotics were administered, and an x-ray revealed pneumonia and a large buildup of fluid in her lungs. The specialist at Southampton General Hospital (SGH) advised immediate transfer.

A life-threatening situation

Upon arriving at SGH, Lilly’s condition was dire. Her parents were informed that Lilly may lose her leg due to the arterial line placed during her transfer, which had impaired blood flow to her foot. Lilly was later diagnosed with sepsis and pneumonia, and 650ml of fluid was drained from her lungs. The medical team acted swiftly to save her life.

The long-term impact

Though Lilly survived the ordeal, she has been left with lasting health concerns. Her mother, Danielle Barter, expressed the family’s distress: “The whole experience was extremely frightening, and we wouldn’t want any parents to go through what we did. Thankfully, Lilly has recovered from pneumonia and sepsis, but the prognosis for her foot and leg remains uncertain.”

The importance of early sepsis diagnosis

Lilly’s case underscores the importance of early diagnosis and treatment for sepsis. Sepsis, a life-threatening condition caused by infection, is responsible for more deaths in the UK than breast, bowel, and prostate cancer combined. Experts, including Janine Collier, Executive Partner and Head of the Medical Negligence Department at Tees, emphasise the importance of adhering to guidelines issued by the Sepsis Trust and NICE to help healthcare professionals recognise the signs of sepsis early and initiate the correct treatment.

Janine Collier added: “Sepsis is a medical emergency, and early recognition can make all the difference in preventing long-term complications or even death. We will be closely reviewing the facts of Lilly’s case to determine if her treatment was delayed unnecessarily.”

This case serves as a stark reminder of the potential consequences of failing to act on early signs of sepsis, especially in vulnerable children. Early intervention not only saves lives but also maximises the chances of a full recovery without lasting complications.

How to start a business in France

Posted on 8 October 201829 May 2025 by Sarah O'Sullivan

It is possible to start a simple business quickly and cheaply in France. Larger and more complex enterprises may require expert advice to ensure that they are registered correctly and comply with the relevant regulations.

While many of the things you’d do when setting up a business are the same in France as in the UK, for example preparing a business plan and researching your market and competitors, it is often the company structures and business regulations in France that can deter people from setting up their own business there. It is true that France does appear to have a baffling number of processes, but it has in fact been made easier for business start-ups in recent years and many aspects have been simplified.

Here we take a look at the steps to consider:

French legal business structures

There are two types of legal business structure in France:

Sole trader (entreprise individuelle or EI)

If the business you are hoping to set up is small and you do not need any significant funding, it is likely that an entreprise individuelle (EI) will work for you. This is what we would call a sole trader business in the UK. In addition, you can set it up using the business tax status of micro-entrepreneur, which protects your family home from business creditors.

A company (société) such as EURL and SARL

However, if your business requires a loan, is likely to make a loss in the first years, or you are running it with non-family members, then you would be better advised to set up a limited liability company. The most common types are the entreprise unipersonnelle à responsibilité limitée and the société à responsibilité limitée, which are abbreviated to EURL and SARL.

These different structures have a variety of tax implications, i.e. they determine whether you are taxed through your business or your personal income tax. Additionally, there are other types of company for more complex structures, which you would be advised to discuss with an expert in French company law.

It is worth noting that if you are a national of the European Economic Area (EEA), you do not need a residence or work permit to start a business in France.

Registering a business in France

All new businesses in France need to be registered with the authorities, and this is done at a business registration centre known as a centre des formalités des entreprises (CFE). This does the job of notifying all the relevant statutory bodies who need to be aware of your business, such as tax and social security organisations.

You can do this yourself very cheaply if your business is a simple entreprise individuelle, but for more complex business structures, while it is still possible to do it yourself, you are probably better advised to use the services of an avocat (a French lawyer) or an accountant.

Confirmation of your registration usually takes about two weeks, after which you will receive a business identification document, which is called an extrait K for a sole trader or an extrait Kbis for companies. You will also be given a 14-digit business registration number known as your SIRET (the first nine numbers refer to your identity on the national business register, while the last five identify the area in France in which your business is located).

French business classification

There is also a system of classification for all businesses in France that identifies whether your business is a trade, a profession or commercial, or whether you are working as an agent, in agriculture or in the artistic sector. You will need to decide which of these your business falls into when you register the company – if your business falls into two categories, then you should register your principal activity. Your local French chamber of commerce should be able to help you decide on the appropriate category.

French business insurance

Consider taking expert advice regarding your public liability and professional indemnity insurance. While it is not obligatory for all business activities, your business classification will identify what cover is required and premiums can be high.

Finding business premises in France

It is possible to run your business from home in France without any change of use from the planning authorities as long as the property continues to be your home. You may have issues with neighbours, however, and if you are receiving clients or goods to your home address you should apply to your local mairie/préfecture for consent. You should also check your lease if you live in a block of flats, as there may be a clause there which states that commercial activities cannot be carried out on the premises.

Buying business premises in France is fairly straightforward, although you should consider using a legal structure called a société civile immobilière (SCI) as it can offer some financial advantages.

If you buy an existing business and premises, you will be required by French law to respect existing employment contracts. Also remember that France has regulatory requirements for certain types of business, e.g. health and safety if you are considering opening a food-related business.

French business banking and accounting

If you have a separate business in France, you are required to open a business bank account in the same name as the business. You may receive an introduction to a bank when you register your company and it may be necessary to visit the bank in person and to take a copy of your business plan with you. There is likely to be a minimum deposit required and a quarterly charge for your business account.

If you have chosen to trade as an entreprise individuelle, the authorities are usually happy for you to manage the book-keeping yourself, and the same is true if you opt for the micro-entrepreneur tax regime – as long as you keep a book of expenditure and receipts and have this available for possible short-notice inspection.

Although you’ll most likely be willing to do the book-keeping for your new business yourself, it is worth (and this could save you money in the long run) appointing a professional French accountant with commercial expertise, otherwise known as an expert-comptable. They are legally responsible for keeping you informed of changes to the tax laws and for keeping your accounts in good order.

Financial assistance for starting a business in France

A good expert-comptable will also be able to advise you on the best way to access financial assistance for your new start-up. There are many schemes available, and it is worth taking the time to research the one that would be best suited to your business and situation. They will often include tax and social security savings, as well as offering grants or low interest rate loans. The government offers subsidised employment contracts to certain business sectors if you are able to offer jobs to the unemployed, the young or the elderly.

Paying tax in France

How you pay tax will be dependent upon the structure you have chosen for your business, and will either fall under the personal income tax system called impôt sur le revenu or the company tax system known as impôt sur les sociétés.

If you are a sole trader, then you are automatically taxed under the personal income tax system. A limited company in sole ownership can choose to be taxed through either system, while a limited company in joint ownership should be taxed under the company tax system.
Whichever way you pay your tax, you will pay your social security contributions under the régime des travailleurs non salariés (TNS).

Employing staff for your new business

You can find staff via recruitment agencies, newspapers and online much as you would in the UK, or you can use the pôle emploi, which is the national job centre. However, employment law is complicated in France and it is a good idea to contact a specialist French lawyer who will advise you as to whether you have the correct business structure to employ staff. They will also help you to declare your new member of staff to the relevant authority, as well as ensuring that you comply with all other conditions of employment.

Marketing your business

If you are marketing your business in France, i.e. if you are not relying solely on clients from the UK, you must remember to be sensitive to French traditions and protocols. As in the UK, get to know your market and identify appropriate advertising channels. Write all your marketing communications in French and do not presume that you can simply translate any existing materials, which will target the English market, into French.

If you are about to start a business in France and want help at any stage of the process, our French-speaking legal team can give you the straightforward advice you need. The team is led by our French-qualified avocat Herve Blatry, based in our Bishop’s Stortford office, who has extensive experience of conducting business in France and will be able to offer specialised advice and secure you the best results.

Call our French legal team on 01279 322 515 for an initial obligation-free chat, or fill out our enquiry form and we will get in touch.

One year old Scarlett loses foot and fingertip to sepsis: A mother’s story

Posted on 13 September 201818 May 2025 by Sarah O'Sullivan

In March 2018, Natalie Atkins’ one-year-old daughter, Scarlett, fell seriously ill after showing signs of sepsis. Despite seeking medical help, Scarlett’s condition worsened, ultimately leading to the amputation of her left foot and the tip of one of her fingers. Natalie shares her harrowing experience and highlights the critical importance of recognising sepsis in young children.

Scarlett’s symptoms: A rapidly worsening condition

On March 18, 2018, Natalie noticed Scarlett’s alarming symptoms: a high fever, persistent cough, and a red pin-prick rash spreading across her chest, tummy, and back. Scarlett’s feet were bluish-purple and mottled, and her hands and feet felt cold. She was unusually lethargic, disoriented, and refused to eat or drink. Worse still, Scarlett had not passed any urine.

Concerned, Natalie immediately called NHS 111 at 12:18 pm. They advised her to bring Scarlett to the hospital’s Urgent Care Centre within the hour. However, upon arrival, they faced a long wait to see a doctor, during which Scarlett’s condition rapidly deteriorated, making it difficult for her to breathe.

A misdiagnosis and growing concerns

Once seen by a doctor, Scarlett was diagnosed with a sore throat and a viral rash. The doctor suggested they return home and prescribed antibiotics, only advising use if Scarlett’s throat showed signs of infection. But after a restless night, with Scarlett vomiting twice, Natalie grew more concerned. The next morning, Scarlett’s condition had worsened, and she was floppy and disoriented.

After speaking with her GP, Natalie managed to secure an earlier appointment. However, Scarlett’s condition continued to decline. Her lips turned blue, and she struggled to breathe. In a state of panic, Natalie called her GP again, and Dr. Parry urged her to bring Scarlett in immediately.

Life-saving intervention: Sepsis diagnosis

Upon examining Scarlett, Dr. Parry quickly diagnosed septic shock — a life-threatening complication of sepsis characterised by dangerously low blood pressure. Scarlett was immediately transferred by ambulance to Lister Hospital, and from there, she was quickly transferred to Great Ormond Street Hospital. Doctors feared Scarlett might not survive the journey.

Intensive treatment and devastating loss

At Great Ormond Street, Scarlett received life-saving care, including multiple antibiotics, chest drains, and numerous X-rays. Unfortunately, the sepsis had caused severe damage, leading to the amputation of Scarlett’s left foot and the tip of one of her fingers. Scarlett also endured extensive scarring and skin grafts, with more surgeries likely in her future.

The long road to recovery

Before her illness, Scarlett was a typical one-year-old, beginning to walk, feed herself, and explore. However, her recovery has been slow. Doctors predict delays in her walking and potential growth issues in her legs.

Natalie’s message to parents is clear: Be aware of the symptoms of sepsis. If you suspect your child may be affected, call 999 immediately. Early diagnosis is crucial, as delay can lead to life-changing injuries or even death. “We were fortunate that Scarlett survived, but our lives have changed forever,” Natalie says.

Investigating medical negligence

Tees Law is currently investigating whether Natalie has grounds to pursue a claim for damages against the Urgent Care Centre at Queen Elizabeth II Hospital. Janine Collier, Executive Partner and Head of the Medical Negligence and Personal Injury Team at Tees, emphasised the importance of early sepsis diagnosis. “In the UK, more people die from sepsis than from breast, bowel, and prostate cancers combined. Early recognition and treatment save lives and can prevent long-term complications. We will work closely with the family to review the facts of this case.”

Sepsis is a medical emergency, and understanding its symptoms can be the difference between life and death. Early intervention is key to reducing the risk of permanent damage.

Home to school transport – Appeals

Posted on 19 April 201826 May 2025 by Sarah O'Sullivan

Your child’s eligibility for home to school transport can have a big impact on which school you choose. Find out about the eligibility criteria for home to school transport.

Criteria for home to school transport

Eligibility for home to school transport is, in the first instance, calculated by walking distance from the school. To be eligible for home to school transport, your child must be attending their nearest suitable school and live at least:

2 miles from the school (for children under the age of 8)
3 miles from the school (for children over the age of 8, up to age 16).

The distance is measured by the nearest available safe route on foot.

When a child lives within walking distance of their school, the Local Authority is not ordinarily expected to provide transport. Although parents may consider the distance is simply too far for their child to walk, the law could differ. Many parents face the difficult prospect of arranging transport themselves.

Local Authorities are obliged to provide transport for children who attend a school outside of walking distance if:

The child attends that school out of necessity (rather than the parent’s choice)
No alternative travel arrangements are suitable.

Is my child eligible for home to school transport?

Some children who are within walking distance of their school may be eligible for home to school transport.

Children who may be eligible for home to school transport include:

Children who have special educational needs, disability or mobility problems (SEND) which mean they cannot reasonably be expected to walk to school (and there are no suitable alternatives to attend school nearer to home);
Children who live within ‘walking distance’ of their school but who could not reasonably be expected to walk due to the nature of the routes available (and there are no suitable alternatives to attend school nearer to home). This is often the case in rural locations, where there may not be a viable safe route for children to take to school;
Children aged 8-11 registered at a school more than two miles from home who are entitled to free school meals (this supersedes the 3-miles rule for children up to 11 years old);
Excluded children who are required to attend a school other than their registered school outside of walking distance;
Children over the age of 11 years old who are entitled to free school meals and who are registered at a qualifying school.

However, there are exceptions to the rule. Even where a child is deemed ‘eligible’ it is important to note that if there are other suitable travel arrangements available, the Local Authority may not be required to provide home to school transport.

Home to school transport appeals

“When choosing a school, the presence of school buses at the gate each day does not automatically mean that your child is entitled to a place on one,” says Polly Kerr, Senior Associate at Tees and specialist education law solicitor. “Schools have a duty to provide transport to eligible children – unfortunately, some children are simply not eligible. School transport can be somewhat of a minefield for parents with potential to cause practical problems. It’s important that parents understand, both when applying for school places and appealing them, when the Local Authority has a duty to provide school transport and when it does not. Understandably, transport provision can have a significant impact on choice of school and the family’s daily routine,” Polly continued.

Polly helps parents who need to appeal allocation of school places and home to school transport. If you need to make an appeal, Polly has the skills and experience to guide you through the process and help secure the best possible result for you and your child.

Call Polly on 03301 355806 or email polly.kerr@teeslaw.com for a confidential chat about your circumstances and how we can help.

Admission of liability for parents following death of 2 hour old baby in birth medical negligence case

Posted on 16 March 201828 March 2025 by Sarah O'Sullivan

Tees secured an admission of liability and a £15,000 settlement for Melissa, whose daughter Enid was born 13 weeks prematurely and sadly died soon after birth.

A tragic case of medical negligence

Melissa suffered a premature rupture of membranes (PROM) and was admitted to the hospital for observation and monitoring. Despite the severity of her condition, she was negligently transferred to a hospital unequipped to care for extremely pre-term babies. Tragically, Enid passed away from complications that could have been avoided if she had been treated in a specialist unit.

What happened to Melissa and Enid?

At 25 weeks pregnant, Melissa experienced a small vaginal bleed and PROM, a critical pregnancy complication that can lead to premature birth or infection. Concerned for her baby’s health, she went to the hospital and was admitted to a specialist maternity hospital with a neonatal unit equipped to care for babies born at or before 28 weeks’ gestation.

She was under the care of consultants and midwives for several days. On at least one occasion, she experienced pre-term labour, reaching 5cm dilation. Despite concerns of infection, Melissa was given antibiotics and continued to be monitored.

Inappropriate transfer and devastating consequences

Melissa was later transferred by ambulance to a hospital closer to her home. However, this hospital lacked the necessary facilities to care for babies born before 28 weeks. Upon arrival, her cervix was fully dilated, and Enid was in a difficult position. An emergency caesarean section was performed.

Enid required breathing support and was placed in the Special Care Baby Unit. Unfortunately, her breathing tube became dislodged. Despite six unsuccessful attempts to re-intubate her, Enid died at just two hours old.

Seeking justice with Tees

Devastated and seeking answers, Melissa contacted Tees to explore a medical negligence claim. We acted on her behalf under a “No Win, No Fee” agreement. Our legal team thoroughly reviewed her medical records and instructed specialists in maternity care to provide expert evidence.

Melissa claimed that her transfer to the unequipped hospital was negligent. The hospital later admitted that the decision was inappropriate and that, had Enid been born in the specialist unit, doctors likely would have successfully replaced her breathing tube, saving her life.

The case settled for £15,000, reflecting the short duration of Enid’s life. For Melissa, the settlement brought closure and acknowledgement of the failings in her care.

Support for parents after a stillbirth or neonatal death

Losing a baby is a devastating experience. Parents often feel isolated, guilty, and overwhelmed by grief. If you have suffered a traumatic birth or lost a child, Tees is here to help.

Our specialist midwifery and obstetric negligence solicitor, Gwyneth Munjoma, has extensive experience in cases involving psychological trauma and neonatal deaths. You can contact Gwyneth at our Chelmsford office on 01245 294274 or email her at gwyneth.munjoma@teeslaw.com to discuss your case.

Understanding Premature Rupture of Membranes (PROM)

Premature Rupture of Membranes (PROM) occurs when a mother’s waters break before 37 weeks of pregnancy. The baby is surrounded by amniotic fluid, which is contained within a protective sac. When the sac ruptures too early, it can lead to premature birth or infection.

Risks Associated with PROM

Preterm birth
Infection in the mother’s womb (chorioamnionitis)
Respiratory distress syndrome in the baby
Umbilical cord complications

Prompt diagnosis and monitoring are essential to manage PROM effectively and ensure the best possible outcome for both mother and baby.

If you have any concerns about your care during pregnancy or after birth, our expert team at Tees is here to listen and advise.

Client names have been changed to protect their privacy.

Life changing settlement for wrongful birth case after negligence during antenatal screening

Posted on 16 March 201818 May 2025 by Sarah O'Sullivan

Tees secured a life-changing settlement for the family of a boy born with Down’s syndrome, where doctors had negligently failed to detect Down’s syndrome during routine antenatal tests.

Negligence during antenatal screening

Aiden* was born with severe Down’s syndrome, experiencing developmental delays, profound learning disabilities, and requiring life-long care. His parents, Paula and Tim*, gave up their careers to care for him and faced significant mental health challenges.

A promising future turned upside down

Before Aiden’s birth, Paula and Tim had successful careers—Paula ran her own business, and Tim was a vice president of a company. They were excited to start their family and eagerly anticipated their child’s arrival.

The importance of antenatal screening

Antenatal screening is a routine part of pregnancy, designed to detect serious conditions like Down’s syndrome. The purpose is to provide parents with the information they need to make informed decisions. When an abnormality is detected or a high risk is identified, further tests like amniocentesis are recommended.

Critical errors in screening interpretation

In Paula’s case, her screening results were mistakenly interpreted as indicating a low risk of Down’s syndrome. In reality, her results showed a high risk, meaning she should have been offered amniocentesis. Tragically, Paula and Tim were falsely reassured that their baby was healthy.

Had the screening been correctly interpreted, Paula and Tim would have chosen further testing. Upon diagnosis, they would have made the incredibly difficult decision to terminate the pregnancy.

The devastating impact on the family

The shock of Aiden’s diagnosis at birth was overwhelming. Paula developed severe adjustment disorder and depression, while Tim struggled to manage both his demanding career and caring responsibilities. Eventually, both parents were forced to leave their jobs.

The emotional and financial strain on the family was immense. Paula and Tim lost the careers they were passionate about, while facing the lifelong challenges of raising a child with complex needs.

Tees’ commitment to justice

Paula and Tim approached Tees about a potential wrongful birth claim. Our experienced team pursued the case on a ‘No Win, No Fee’ basis. Despite the hospital’s initial denial of liability, Tees persisted, gathering evidence from medical experts and building a strong case.

Eventually, the hospital conceded its negligence. Interim payments were secured to cover the family’s immediate needs, including care for Aiden, accommodation, and specialist support.

Securing a life-changing settlement

Tees achieved a significant settlement that included compensation for Paula and Tim’s emotional suffering, loss of earnings, and the lifelong care Aiden requires. The settlement ensures financial stability and access to the best possible care and support.

Words from our legal team

“This was a particularly complex and sensitive case. The news of Aiden’s diagnosis was a devastating shock to his parents. While Aiden is deeply loved, the circumstances of his birth profoundly affected the family. The settlement provides for Aiden’s lifelong care and offers financial security to his parents. I am honored to have supported them through this challenging process.”

Support from wrongful birth claims solicitors

Wrongful birth claims are deeply distressing and can impact every aspect of a family’s life. At Tees, our compassionate legal team is here to help you navigate the process. If you are considering a claim, contact our specialist wrongful birth claims solicitors for free, confidential advice.

*Client names have been changed to protect their privacy.

£200,000 settlement for maternal birth injury case after mother suffered incontinence and depression

Posted on 16 March 201818 May 2025 by Sarah O'Sullivan

Tees secured a £200,000 settlement for Beatrice*, who endured life-altering injuries after the birth of her first child.

Background of the case

Beatrice was admitted to the hospital to deliver her daughter, Alanna*. During labour, Beatrice received an epidural for pain relief. However, Alanna was positioned abnormally, causing her shoulders to become stuck during delivery. As a result, Beatrice required an episiotomy (a surgical incision to widen the vaginal opening) and forceps to assist with the birth. Alanna, weighing over 4kg, was delivered with the help of a Registrar who repaired the episiotomy.

Symptoms and medical complications

Soon after Alanna’s birth, Beatrice experienced several distressing symptoms, including:

Incontinence – Difficulty controlling bowel movements and passing wind.
Fistula – Passing stool through the vagina, caused by a tear in the wall of muscles between the vagina and anus.
Passive Soiling – Struggled with cleaning up after using the toilet.

Several months later, Beatrice was diagnosed with a third-degree tear to her perineum (the area between the vagina and anus) and a significant injury to her sphincter (the muscle controlling bowel movements). Despite physiotherapy and biofeedback therapy, Beatrice’s symptoms persisted, leading to profound distress and depression.

Impact on Beatrice’s life

The impact of her injuries was severe: she could not return to work full-time, and her marriage broke down due to the emotional and physical toll.

Legal representation and outcome

Janine Collier, an Executive Partner and expert in obstetric anal sphincter injury (OASIS) claims, represented Beatrice on a “No Win, No Fee” basis.

Tees successfully proved that Beatrice’s care was substandard. The third-degree tear should have been identified immediately after delivery, but it was missed by the Registrar. Additionally, a primary repair should have been performed post-delivery, which would likely have prevented Beatrice’s long-term symptoms. Beatrice argued that proper treatment would have spared her from ongoing issues with bowel control and depression.

While the hospital initially admitted liability, this admission was later retracted, and the case proceeded toward trial. Ultimately, the hospital agreed to a £200,000 settlement.

Financial security and future treatment

This compensation provides Beatrice with some financial security, enabling her to fund future treatment and support her as a single mother who is unable to work full-time.

Janine Collier commented, “While many women suffer tears during childbirth, these injuries should usually be detected and repaired immediately. If missed, the consequences can be life-changing, leading to incontinence and depression. Sadly, as in Beatrice’s case, marital relationships can also break down due to these challenges. I’m proud to help these mothers rebuild their lives.”

Client testimonial

Beatrice expressed her gratitude, saying, “I cannot thank you and your team enough for all your work and commitment. I feel overwhelmed, but in the best possible way.”

Birth injury claims: Tears during delivery

If you experienced a perineal tear during delivery that wasn’t identified or repaired, leading to ongoing complications, contact Janine Collier, an expert in Obstetric Anal Sphincter Injury cases. For initial advice, call Janine at 01223 702303 or email janine.collier@teeslaw.com.

Client names have been changed for privacy.

Tees has successfully settled a delayed diagnosis of breast cancer claim against Addenbrooke’s Hospital in Cambridge for a six-figure sum. The case involved Claire Radcliffe, who faced a devastating delay in receiving a correct diagnosis, significantly impacting her treatment and prognosis.

Initial misdiagnosis and delayed treatment

The impact of a delayed diagnosis

Legal action and settlement

Raising awareness: The importance of breast checks

Legal perspective

Looking forward

Drinks reception marks successful merger of tees and wortley byers

Staff and clients gather for celebration

Reflections on the event

A Stronger Future for Clients

Committed to Excellence

Contractors may be surprised to learn that they do not have the right to return to remedy a defect unless a contract exists between the contractor and the employer which expressly confers the right.

A coroner’s inquest has concluded with a verdict of suicide in the case of Matthew Arkle, 37, who died in April 2017 at Wedgwood House in Bury St Edmunds. The mental health unit is operated by Norfolk & Suffolk NHS Foundation Trust.

Family’s concerns and missed warnings

Tragic discovery

Questions remain unanswered

Family’s heartfelt response

Coroner’s recommendations

Support and contact

The early signs and missed opportunities

The deterioration of Lilly’s condition

A life-threatening situation

The long-term impact

The importance of early sepsis diagnosis

It is possible to start a simple business quickly and cheaply in France. Larger and more complex enterprises may require expert advice to ensure that they are registered correctly and comply with the relevant regulations.

French legal business structures

Registering a business in France

French business classification

French business insurance

Finding business premises in France

French business banking and accounting

Financial assistance for starting a business in France

Paying tax in France

Employing staff for your new business

Marketing your business

Scarlett’s symptoms: A rapidly worsening condition

A misdiagnosis and growing concerns

Life-saving intervention: Sepsis diagnosis

Intensive treatment and devastating loss

The long road to recovery

Investigating medical negligence

Your child’s eligibility for home to school transport can have a big impact on which school you choose. Find out about the eligibility criteria for home to school transport.

Criteria for home to school transport

Is my child eligible for home to school transport?

Home to school transport appeals

Tees secured an admission of liability and a £15,000 settlement for Melissa*, whose daughter Enid* was born 13 weeks prematurely and sadly died soon after birth.

A tragic case of medical negligence

What happened to Melissa and Enid?

Inappropriate transfer and devastating consequences

Seeking justice with Tees

Support for parents after a stillbirth or neonatal death

Understanding Premature Rupture of Membranes (PROM)

Risks Associated with PROM

Tees secured a life-changing settlement for the family of a boy born with Down’s syndrome, where doctors had negligently failed to detect Down’s syndrome during routine antenatal tests.

Negligence during antenatal screening

A promising future turned upside down

The importance of antenatal screening

Critical errors in screening interpretation

The devastating impact on the family

Tees’ commitment to justice

Securing a life-changing settlement

Words from our legal team

Support from wrongful birth claims solicitors

Tees secured a £200,000 settlement for Beatrice*, who endured life-altering injuries after the birth of her first child.

Background of the case

Symptoms and medical complications

Impact on Beatrice’s life

Legal representation and outcome

Financial security and future treatment

Client testimonial

Birth injury claims: Tears during delivery

Tees secured an admission of liability and a £15,000 settlement for Melissa, whose daughter Enid was born 13 weeks prematurely and sadly died soon after birth.