Dispute Resolution Archives

Unravelling the diagnosis: What is Dyslexia?

Posted on 11 October 202321 March 2025 by Sarah O'Sullivan

This may feel like a question that you already know the answer to, Dyslexia is widely understood to be nothing more complex than a struggle with reading and writing. However, Dyslexics, their family, and friends know that Dyslexia is far more pervasive, and they want you to know that too.

The Rose Definition

“Dyslexia is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling. Characteristic features of dyslexia are difficulties in phonological awareness, verbal memory and verbal processing speed. Dyslexia occurs across the range of intellectual abilities. It is best thought of as a continuum, not a distinct category, and there are no clear cut-off points. Co-occurring difficulties may be seen in aspects of language, motor co-ordination, mental calculation, concentration, and personal organisation, but these are not, by themselves, markers of dyslexia.”

So, clearly, although difficulty with reading and writing is common to most Dyslexics, it’s far from the whole picture, and this is often lost in the wider understanding of the condition.

(The irony is not lost that the word ‘Dyslexia’ being so difficult to spell is compounded by its lengthy definition!)

The Dyslexic Continuum

So, what’s the problem of having a simplified understanding of Dyslexia being in the mainstream?

Take this example; the parents of a little girl with (seemingly) functional reading and writing skills may overlook her difficulties with following instructions, organising herself, and starting her work. They may not consider that these difficulties are symptomatic of Dyslexia and that targeted specialist intervention may be necessary to ensure that the little girl achieves.

This little girl’s willpower and creative approach to learning might see her happily and successfully through her early education. But, as the demands of the curriculum increase, the gap between her and her peers starts to widen (to the confusion of all around her). She may well leave education frustrated, disengaged, and with mental health difficulties, having only achieved a fraction of what she would have been capable of with the right support. Children with learning disabilities are four and a half times more likely to have a mental health problem than children without a learning disability.

What can we do?

Whether you’re at the start of the process: wondering if your child needs extra help and provision at school, or if your child has an Education, Health, and Care Plan (EHCP) and you’re worried that it’s not robust enough then we can help.

At Tees, we know that all children are different and cannot be distilled down to a list of diagnoses. Everyone’s experience of their neurodivergence, their needs, and the provision they require, differs. We have the expertise and personal experience of neurodivergence necessary to keep the individual child at the heart of what we do.

Building Safety Act and Fire Safety Act 2022: Implications for landlords

Posted on 7 June 202320 March 2025 by Sarah O'Sullivan

The Building Safety Act 2022 introduced a considerable amount of new legislation focused on the remediation of building safety defects in existing buildings.

The Regulations have been introduced following the Grenfell disaster and have been designed to shift responsibility for the payment of remediation costs from leaseholders to developers and landlords. In doing so the Regulations have imposed a significant administrative burden on landlords.

The Regulations create a new statutory provision to require landlords and associated persons to pay for remediation works for cladding or other safety defects in residential buildings of at least 5 storeys or 11 metres in height.

The government has also introduced the Building Safety (Leaseholder Protections) (England) Regulations 2022, setting out further details of the practical actions leaseholders and landlords will be obliged to take under the Building Safety Act 2022.

What does this mean for landlords?

For landlords, a particularly burdensome characteristic is the obligation to provide Landlord’s Certificates in the form set out in the schedule to the Building Safety (Leaseholder Protections) (England) Regulations 2022 and the associated documents.

Sections 117-125 and Schedule 8 of the Building Safety Act 2022 makes provision for how the remediation of defects in higher rise buildings will be paid for and particularly the balance of liability between leaseholders and landlords.

Schedule 8 sets out the restricted circumstances in which remediation costs can be passed on to the leaseholders and the extent to which landlords are expected to make contributions.

The Regulations prescribe the form and circumstances in which landlords must provide information to leaseholders to enable them to assess whether they will be required to contribute towards the costs of remedial works by payment of a service charge.

The purpose of the new landlord’s certificate is for the landlord to formally communicate with leaseholders as to if they benefit from those restrictions on the service charge. The landlord within the certificate provides information as to whether it is “responsible”, or whether it meets the contribution condition.

When does a landlord need to provide a certificate?

Landlord’s certificates must be provided in the following circumstances:

(a) when the current landlord makes a demand to a leaseholder for the payment of a remediation service charge.

(b) within four weeks of receipt of notification from the leaseholder that the leasehold interest is to be sold;

(c) within four weeks of becoming aware (either themselves or by notification from another person) of a relevant defect not covered by a previous landlord’s certificate; or

(d) within four weeks of being requested to do so by the leaseholder.

When does a landlord need to provide a certificate?

The certificates are set out in a prescribed form annexed to the Regulations and require a wealth of financial detail and details of works carried out. They must also be accompanied by:

(a) details of the corporate structure of any group of which the landlord is part: this includes the names of any group companies; the beneficial owner of each company; the names of each company’s directors; the names of any persons with significant control and details with regard to any trusts that are part of the corporate structure.

(b) financial details for the corporate group: the landlord’s company accounts as well as, where relevant, accounts for each company in the landlord group, with the net worth certified by a chartered accountant or the finance director of the landlord’s company;

(c) evidence and details as regards work carried out: full details of any persons or joint ventures undertaking work and evidence of the relevant details of the work carried out as well as costs.

Similar evidence will need to be provided for superior landlords and/or any previous landlord who was the landlord on 14 February 2022. Such landlords are obliged to provide this when requested to do so by a current landlord.

Certificates will need to be provided before a landlord can make any demand for a service charge contribution from tenants; in such a case, the certificates are likely to be relevant to all tenants in a building. However, landlords will also have to provide a certificate whenever a tenancy is sold, or whenever a leaseholder requests one, which may mean time consuming updating of the certificate.

What if I do not provide a landlord certificate?

Suppose a landlord certificate is not provided in the form set out in the Regulations. In that case, it is presumed that the landlord was responsible for any relevant defects and no service charge is payable.

It is therefore crucial that landlords who wish to demand a service charge for building safety remedial works comply with the Regulations and provide a landlord’s certificate and associated documents within the required timescales.

Fire Safety (England) Regulations 2022 – What are they?

Following the Grenfell Tower disaster in London in 2017, the government has implemented new fire safety responsibilities which introduces significant changes regarding fire safety. This is part of putting pressure on owners, landlords and building managers in England to address concerns around fire safety assessments and compliance checks. The latest regulations came into force from the 23rd January 2023.

The new legislation is aimed at improving the fire and structural safety risks in multi- occupied residential buildings. The regulations are legislated as the Fire Safety (England) Regulations 2022 and are an amendment to the Regulatory Reform (Fire Safety) Order 2005.

The new regulations implement additional fire safety duties that apply to multi-occupied residential buildings that have at least five storeys or are at least 11 metres in height. The building must contain two or more sets of domestic premises.

Building owners and managers should give careful consideration to the new regulations and whether or not they will apply to their property portfolio. If so, the responsible person should take any relevant action to ensure compliance. Failure to comply with the regulations can lead to the risk of an unlimited fine and/ or imprisonment for up to two years.

Who is responsible for fire safety in multi-occupied residential buildings?

The Fire Safety Order requires a ‘responsible person’ to make a suitable and sufficient assessment of the risks to which relevant persons are exposed, for the purpose of identifying the general fire precautions they need to take,e to comply with the requirements and prohibitions imposed on them by or under the Fire Safety Order.

The responsible person is usually the building owner, but in the case of a residential building, it can be any person who has control of the building such as the managing agent or building manager.

The new regulations aim to create better communication of fire risk information between responsible persons and the residents of the building. The new requirements apply to responsible persons.

What are the new requirements?

These are new requirements for ‘responsible persons’ of mid and high-rise blocks of flats:

provide information to fire and rescue services to help them with operational planning and provide additional safety measures
provide residents with fire safety instructions and information on fire doors.
provide their local fire and rescue service with up-to-date electronic building plans
provide information on the design and materials of their external wall
undertake monthly checks of firefighting lifts, evacuation lifts and other key pieces of firefighting equipment
install a secure information box and wayfinding signage.
required to undertake annual checks of flat entrance doors and quarterly checks of all fire doors in the common part (in mid-rise residential buildings (over 11 metres).

Logistics health and safety laws

Posted on 31 May 202320 March 2025 by Sarah O'Sullivan

Logistics and haulage companies have faced unprecedented challenges in recent years. From considerable post Brexit-disruption, inflated fuel prices and other cost increases to substantial driver shortages. Given these onerous external pressures, it is perhaps unsurprising that good health and safety practices can be overlooked or neglected.

Many see health and safety as endless paperwork, red tape, expense and rules that are difficult to understand. However, an employer has a legal duty to make sure that people are safe in the workplace they control, even where they are employed by others or are members of the public. Controlling health and safety risks can be achieved with a little effort and as a result, many accidents can be prevented.

It can be a daunting prospect to consider hazards and risks, but the HSE, Logistics UK, and the Road Haulage Association all provide guidance that can assist you in this process.

The logistics and haulage sector has a lot of moving parts ranging from people and vehicles operating alongside each other, the loading and unloading of vehicles and the distribution of goods. Not all hazards involve operational activities. They also include tasks like cleaning, refuelling, replacing propane cylinders, using high-pressure water hoses and detergents to clean vehicles or carrying out vehicle maintenance activities.

It is vital to have a comprehensive understanding of your responsibility as an employer.

Where to start with logistics health and safety arrangements

The starting point is by examining what actually goes on in your business, removing and controlling hazards as far as possible and taking the necessary managerial and supervisory steps to make sure what is supposed to happen does happen.

A hazard is simply something that can cause harm. Risk is the chance of anyone suffering harm from a hazard. For example, a slippery path is a hazard. The more slippery it is, and the more people walk along it, the greater the risk of someone falling and injured.

The language can be confusing – but focus on the basic common sense factors and focus on whether something could cause harm.

Common areas of risk within the logistics sector are:

Pedestrians and vehicles – health and safety

Segregation is the key message and every workplace should be organised so that pedestrians and vehicles can circulate safely by keeping well clear of one another.

Vehicle movements in the workplace require careful management to control and reduce the likelihood of accidents occurring. Every site, every yard and every warehouse are different in terms of layout, operations and vehicle movements and each will present its own hazards and risks. However, a well-designed and maintained site with suitable segregation of vehicles and pedestrians will make workplace transport accidents less likely. When considering traffic routes, the guidance highlights the following should be considered.

the vehicles being used,
minimising the need for reversing,
avoiding sharp bends and blind corners,
maintenance – do not allow potholes to develop,
anything that can affect load stability e.g., steep slopes.

The most effective way of ensuring vehicles and pedestrians move safely around a workplace is to provide separate pedestrian and vehicle traffic routes. Where possible, there should be a one-way system as this will reduce the need for vehicles to reverse and will help pedestrians and vehicle drivers.

Often complete segregation within warehouses or within yard areas is not possible or practical and therefore the regulations would require employers to have clearly marked pedestrian and vehicle traffic routes, using measures such as barriers, signs and marked routes.

Vehicle maintenance – health and safety

Vehicles should be maintained in good working order in accordance with the manufacturer’s recommendations, so they remain mechanically sound and function properly.

Planned inspections are a vital part of preventative maintenance. These may include daily safety checks carried out by drivers and regular maintenance inspections based on time or mileage. Drivers should be provided with a list of the daily checks to be signed off at the start of each shift. This should be monitored to ensure the checks are carried out properly and acted upon if any defects are reported.

You should have:

a documented pre-shift check,
a system for reporting defects and for ensuring that remedial work is carried out,
a planned routine maintenance system,
a thorough examination/safety inspection regime for each truck.

Loading and unloading – – health and safety

Minimising the risks associated with loading and unloading activities can require the careful consideration of multiple assessments. For example, the hazards will vary depending on the type of vehicle involved (e.g., rigid container, curtainsider, flatbed truck etc), where it is being loaded or unloaded (e.g., at a dock, in the middle of the yard) and the type of load involved (e.g., is it being handballed, does it have to be moved using a mechanical aid?).

To minimise the risks to those involved in loading and unloading, information should be provided on the nature of the load and how it should be properly loaded, secured and unloaded. Make sure vehicles and trailers have their brakes applied and all stabilisers are in

the correct position before loading or unloading. There should be a safe place where drivers can wait throughout loading and unloading. Make sure you take measures to prevent vehicles from being driven off during either loading or unloading at loading bays. These can include measures such as traffic lights on loading bays or vehicle or trailer restraints.

This information should accompany the load and be available to those involved in the loading, transportation and unloading activities. The loading and unloading area should be clear of traffic and people not involved in the activity. It should be undertaken on level ground and away from other work activities.

Prior to any loading or unloading consideration should be given to the location to ensure there is no risk from overhead cables, pipes and other obstructions.

For risk assessments to be “suitable and sufficient,” you will need to consider all these permutations so that you can develop safe systems of work (sometimes known as standard operations procedures or work instructions) to ensure every worker understands how that activity should be carried out to minimise health and safety risks. This includes both employees and non-employees who are visiting a site.

Storage – health and safety

A variety of systems are used for storing goods, from pallets to static racking. The method of storage largely depends on the shape and fragility of the goods being stored and the location. Storage areas should be properly designated and clearly marked. The layout of storage and handling areas should avoid tight corners, awkwardly placed doors, pillars, uneven surfaces and changes in gradient.

Systematic risk assessments of haulage yard activities will identify the different methods of storage used by the organisation. This would also include the equipment used, such as containers, racking as well as stacking. Identifying the different types of goods that are stored may indicate that there are specific hazards associated with their storage. These will need to be considered when developing standards, for example, their ability to bear weight or the stability of the stack.

Farm health and safety: Legal responsibilities for farmers

Posted on 27 March 202320 March 2025 by Sarah O'Sullivan

On a daily basis, farmers and farm workers are exposed to potentially dangerous machinery, vehicles, chemicals and livestock. Farmers are subjected to all sorts of risks including working at height, dealing with electrical equipment and working near pits and silos. Coupled together with the ever-changing weather conditions it is no surprise that the farming industry has a reputation for having a bad safety record.

Farmers have legal responsibilities for health and safety under various regulations in the UK, such as the Health and Safety at Work etc Act 1974, the Management of Health and Safety at Work Regulations 1999, and the Provision and Use of Work Equipment Regulations 1998.

Under these regulations, farmers have a duty of care to ensure the health, safety, and welfare of their employees, contractors, visitors, and members of the public who may be affected by their activities. This includes providing adequate training, instruction, and supervision to ensure that workers can carry out their work safely, providing suitable equipment and machinery, and maintaining safe working conditions on the farm.

Farmers are also responsible for carrying out risk assessments to identify and manage potential hazards on the farm, and for developing and implementing appropriate health and safety policies and procedures.

At Tees, our regulatory experts are skilled at identifying the applicable rules and regulations for farming and agriculture. We can help clarify the potential effects of these regulations on your business practices.

In relation to compliance with these regulations to maintain good health and safety practices, Jamie Hare, a regulatory law expert, at Tees, examines the obligations of farmers and the steps they should take to fulfil these responsibilities.

What are the benefits of implementing safety measures on farms?

Having some simple safety measures in place can prevent unnecessary non-fatal and fatal accidents from occurring. Managing risks in a sensible way helps to protect your business, your family and your workers. It has the additional benefits of reducing injuries and ill health in your workforce which results in improved productivity and better morale. It also provides a level of protection from potential penalties and prosecution if something serious does occur.

Why is training important for everyone working on a farm?

Providing training is a fundamental yet critical aspect to consider. It is vital that training is extended to all individuals employed on a farm. The Health and Safety at Work etc Act 1974 requires employers and self-employed individuals to provide their workers with relevant information, guidance, training and supervision that is essential to ensure their safety and well-being at work, to the extent that it is reasonably practicable.

What are the specific training requirements in the farming industry?

There are a number of other regulations which include specific training requirements. For example, The Provision and Use of Work Equipment Regulations 1998 [DL1] specifies the need for training for people who use work equipment. The Management of Health and Safety at Work Regulations 1999 specifies health and safety training should be provided when new people commence employment.

The underlying message is that everyone at work needs to know how to work safely and without risks to health.

How can training help?

Training enables workers to know about the hazards and risks they may face, and the precautions to take (including any emergency procedures) and should help them to carry out their work safely. It will also enable them to know how to use protective measures, such as guards on machines, the start-stop procedure, PPE and safe methods of work.

How can training be carried out?

Training can be provided in a number of ways and can involve various methods. It can be provided by instructions or on-the-job training delivered by an experienced worker. It can be provided by online courses or by attending local colleges and training centres.

How do I assess the risk on a farm?

It is important to be proactive about the health and safety aspects of your farm business. All accidents can be avoided if the risks are properly managed. A risk assessment is a careful look at what, in your business, could cause harm to people, so that you can decide whether you have taken sufficient precautions, or should do more.

This will enable you to find out which areas of your farm pose the greatest risk to health and safety. Once you have identified these potential risks, you can then take practical steps to avoid accidents. The law does not expect you to completely eliminate health and safety risks on your farm, but rather that you take all steps that are reasonably practical to ensure you and your staff work in a safe environment. This means practising sensible risk management and introducing controls that are proportionate to the risks.

What is the aim of a risk assessment and how can it be used to avoid accidents?

The aim of the risk assessment process is to evaluate the risk or hazard, then remove that risk or hazard or minimise the level of risk by adding the necessary control measures. A hazard is anything that might cause harm, such as working from ladders. The risk is the chance that someone could be harmed by the hazard.

The Management of Health and Safety at Work Regulations 1999 places a duty on employers and the self-employed to make a suitable and sufficient assessment of the risks to their own health and safety and that of others from the work they do.

For each hazard, you need to be clear about who might be harmed. Farming activities can possibly pose risks to the health and safety of you and your employees, any casual workers, part-time workers, trainees or apprentices, contractors, and customers. It also extends to walkers, hikers and cyclists that may come onto your land. Public safety should be a part of your overall health and safety policy.

How do I assess the risk?

The first step is to consider how people might be harmed and how that harm may occur. Examples could include being killed by a bale or vehicle, injured by falling through a fragile roof, crushed by livestock, or suffering long-term health problems from breathing in grain dust.

If you can, you must eliminate the hazard altogether, but if you cannot do this, then you must control the risks by considering the following:

Introduce a less risky option, e.g., switch to a less harmful chemical.
Prevent access to the hazard, e.g., securely cover or fence a slurry pit or guard the dangerous part of a machine.
Organise work to reduce exposure to the hazard, e.g., put barriers between people and moving vehicles.
Provide personal protective equipment, e.g., clothing or footwear.
Provide welfare facilities, e.g., first aid and showers for removing contamination.

What is the 5-step process for approaching risk in the farming industry?

The HSE guidance in relation to health and safety in agriculture sets out a 5-step process to approaching risk.

Step 1: What are the hazards?
Step 2: Who might be harmed and how?
Step 3: Evaluate the risks and decide on precautions
Step 4: Put the results into practice
Step 5: Check controls stay in place and review the assessment.

A risk assessment is not an end in itself. It will not prevent someone from suffering a non-fatal or fatal injury.

This will only happen if you implement the control measures to deal with the hazards and risks you find. If you find there are quite a few improvements needed, big and small, don’t try to do everything at once. Deal with the most important things first, e.g., those that could kill, seriously injure, or cause serious illness.

Farmers will need to ensure that everyone who works on the farm knows about the results of your assessment and understands the controls you have put in place.

Farmers will need to regularly check on the control measures to ensure they are being adhered to and remain in place.

With the developments in ways of work and technology, no workplace remains the same for any length of time. Sooner or later, you will buy new equipment or change ways of working that might bring in new hazards.

If there is a significant change in working practices farmers need to respond to it straight away and review the relevant risk assessments.

What happens if I don’t comply with the regulations?

If a farmer fails to comply with their legal responsibilities for health and safety, they may be prosecuted and face fines or other penalties. In addition, if a worker or member of the public is injured or becomes ill because of the farmer’s failure to provide a safe working environment, the farmer may be liable for compensation claims.

Our regulatory experts can assist in regulatory action including:

health, safety and environmental,
regulatory enforcement including appeals.
inquests

Legal cover insurance: The freedom to choose your preferred solicitor

Posted on 16 February 202320 March 2025 by Sarah O'Sullivan

If you or your business has the benefit of legal cover insurance, chances are you will never need to rely on it. But should a circumstance arise in which it’s necessary to seek legal assistance, it’s important for you to know the full extent of your rights, especially in relation to appointing your own solicitor.

What is Before the Event Insurance?

Before the Event (BTE) Insurance is a type of legal expense cover that may arise as part of a wider insurance policy, such as your home, business, motor or bank insurance. This cover is normally an ‘add-on’ in personal policies, but is also common in a wide variety of business contexts including partnerships, companies, and other corporate organisations.

BTE cover provides you with support in the event that legal assistance becomes necessary. Legal assistance covers a wide variety of circumstances including investigations, inquiries, and legal proceedings. These circumstances can be cumbersome and financially onerous, especially in large commercial settings. Accordingly, BTE insurance is often viewed as a prudent element of the wider business insurance cover policy. BTE insurance may cover an array of eventualities but typically will cover your legal costs including solicitor fees, costs of expert witnesses, court fees and legal costs for the opponent, in the event that they win the claim.

How does BTE cover work?

Most insurers will have a preferred group of solicitors, or ‘panel’, they will refer policyholders to, in the event legal cover is required. The insurers and panel solicitors will agree to fixed fee rates within their terms of appointment which are favourable to the insurers. If legal proceedings are initiated, you will be referred to the insurer’s panel solicitors. There can be benefits to being represented by your insurer’s panel solicitors. For example, panel solicitors will have the relevant expertise for the matter in hand and will have considerable experience in dealing with your type of issue.

Can you instruct Tees to act for you if you are claiming through your insurer?

Yes. Although insurers will place a strong emphasis on you staying with their panel solicitors, there is no obligation for you to do this. In fact, under the Insurance Companies (Legal Expenses Insurance) Regulations Act 1990, policyholders have the freedom to choose their own legal representation.

Indeed, many policyholders prefer to appoint solicitors they know and trust. If you know a solicitor that has represented you before, you may feel this solicitor will serve your interests better, particularly if the legal proceedings are complex or require specialist knowledge. It’s important, therefore, that you are clear on your rights in relation to choosing your own legal representation.

The right to appoint a solicitor of your choice does not arise at the start of your policy. The policy itself is likely to include terms that reference your insurer’s panel solicitors. It will only be at the point where legal ‘inquiries or proceedings’ begin that your own solicitor can be sought. The definition of ‘proceedings’ is broad and includes initial steps that need to be taken (including consultation, investigation, mediation, as well as other early stages of legal assistance), in addition to claims that go on to require litigation. In Nobile v DAS Rechtsschutz-Versicherungs AG, the court ruled that the policyholder’s right to appoint their own solicitor started as soon as a cause of action arose.

Where circumstances such as these do arise, you can either seek confirmation from your insurer that your own solicitor may be used or alternatively, you can ask your preferred solicitor to contact the insurers directly. In either case, it is advisable to act swiftly, to ensure your solicitor can begin to take steps on your behalf.

Are there any limitations on who I choose to appoint?

If you decide to choose your own solicitor, it will be necessary for your insurer and your solicitor to agree on fees and hourly rates, as well as the scope of the work which will be covered under your policy. It’s essential that you check the terms of your insurance policy to ascertain any restrictions or limitations on fixed hourly rates from the outset. If your insurer’s fixed hourly rates are lower than the rates of your solicitor, the insurer cannot simply refuse to pay towards any of the legal costs.

Insurers may try to insist that your solicitor charges the same hourly rate as their panel solicitors. This can be a considerably lower rate than your solicitor’s standard rate of work, so it’s important to note that your solicitor is not bound to agree to these terms. The Court of Appeal case of Brown-Quinn & Anor v Equity Syndicate Management Ltd & Anor [2012] states that insurers may restrict the level of recoverable fees, but not to the extent that it renders your freedom of choice meaningless. This means the insurers cannot set their fixed rates for non-panel solicitors so low that you have no real choice of which solicitors may represent you.

Can schools ban sausage rolls? Understanding healthy eating policies in schools

Posted on 5 August 202221 March 2025 by Sarah O'Sullivan

A primary school in Bradford found itself under fire from some parents who have called the school’s new healthy eating policy “ridiculous.”

The school banned items such as sausage rolls, pork pies and squash from packed lunch boxes in a bid to encourage healthy living at an early age. The policy is a whole school policy impacting on all pupils who attend. But it does raise the question, can schools really dictate what children eat during the day?

Tees’ Polly Kerr is an education lawyer advising parents on education matters such as: exclusions, appeals, special education needs and education health and care plans. In this article, Polly explains more about lunchbox rules.

In January 2015, the government introduced a new set of rules and regulations, which governed the type of foods that schools could provide to pupils during the school day and it became the responsibility of the school to ensure that they met (and continue to meet) the School Food Standards practical guide updated May 22. These include the following:

1 or more portions of vegetables or salad as an accompaniment every day
at least 3 different fruits, and 3 different vegetables each week
an emphasis on wholegrain foods in place of refined carbohydrates
an emphasis on making water the drink of choice:
limiting fruit juice portions to 150mls
restricting the amount of added sugars or honey in other drinks to 5%
no more than 2 portions a week of food that has been deep fried, batter coated, or breadcrumb coated
no more than 2 portions of food which include pastry each week

Interestingly the School Food Standards regulations do not apply to academies established between September 2010 and June 2014 but it is recommended that they be used as a guide and adopted voluntarily by these schools.

There are some exceptions to these rules, such as parties or celebrations, fund-raising events, rewards for achievement or good behaviour, food used for teaching food preparation or cookery skills and on an occasional basis by parents or pupils. So the odd chocolate bar for celebrating a classmate’s birthday is not prohibited by the regulations.

Schools in England must also provide free drinking water to all pupils at all times whilst they are in school and are prohibited from selling drinks with added sugar, chocolate or sweets in vending machines.

Whilst the government have tightened the rules around food supplied by a school in a bid to make children healthier, packed lunches brought in from home are not caught by the regulations.

However, schools are allowed to set their own policies regarding the types of food consumed on their premises during the school day and, provided that the policies implemented by the schools do not breach the school’s obligations under the Equality Act 2010 or any other relevant legislation, schools are free to determine what their pupils bring to school to eat during the day and, if their policies allow, to confiscate or challenge the inclusion of prohibited items within packed lunches.

This article was originally published in November 2017 in Salad Days (http://www.saladdaysmag.uk/).

To check if your child can get free school meals in England and apply to your local authority website – visit Gov.uk

Ideas for your child’s packed lunch:

NHS guidance – Healthier lunchbox recipes
BBC good food – School packed lunch inspiration

UK logistics company Trans Orbis Forwarding Limited fights procurement fraud

Posted on 16 July 202127 March 2025 by Sarah O'Sullivan

Trans Orbis Forwarding Limited, a UK-based haulage company, has become the (almost) forgotten victim of a scam involving a European freight exchange. Our dispute resolution team has been steering them through this tricky and stressful situation.

Fraudulent activity on haulage booking platform

Timocom is the largest transport web platform in Europe, allowing jobs for hauliers to be posted and booked on its site. A fraudster succeeded in setting up a fake profile, which claimed to be our client and started accepting genuine bookings from third party suppliers to transport loads from one destination to another across Europe. These were genuine jobs that the fraudster was then paid for.

The fraud was simple: a third party would instruct the ‘Fake Company’ to take a load from, say, Spain to Italy. ‘Fake Company’ would then post the job on Timocom posing as Trans Orbis Forwarding Limited, even using our client’s directors’ name with fake email addresses and telephone numbers. An unsuspecting haulier who had returned to Spain having completed a job in France would then, with an empty rig, pick up the job from Timocom and take the load from Spain to Italy. The third party would then pay ’Fake Company’ for the job, which had legitimately been carried out, and ‘Fake Company’ would then disappear. The unsuspecting haulier would, in the meantime, raise an invoice to our client Trans Orbis Forwarding Limited, who had no knowledge of the job whatsoever, having never been involved in any European haulage!

Trans Orbis Forwarding Limited faced with huge invoices and threats of court proceedings

Trans Orbis Forwarding Limited owner Dave Shaw first sought out the advice of our dispute resolution team having received a worryingly large number of high value invoices for work they had no involvement with, along with letters threatening court action.

Tees support Trans Orbis Forwarding Limited

Polly Kerr, a Senior Associate in our dispute resolution team, set about reporting the matter to the fraud office, and investigating the origin of the claims, which involved resolving a number of jurisdictional issues since the fraud was being perpetrated in Europe. Letters were issued to hauliers across Europe who have invoiced our client for work they were led to believe was carried out. One such haulier said he would be financially ruined because he has never received payment. Another company has recently issued proceedings in Romania and Polly has used our connections to work with a law firm based there and is assisting with the court proceedings process.

Future consequences of the fraud

On the case, Polly said: “This is a clever fraud and whilst our client’s losses are thankfully minimal, hauliers across Europe are being stung multiple times. No one has issued proceedings in England yet but it’s only a matter of time”.

Polly is working with Trans Orbis Forwarding Limited to raise awareness of this kind of procurement fraud within the logistics sector so that other haulage businesses may avoid encountering similar issues. Polly commented: “Ultimately Timocom need to step up on their due diligence. We have been putting pressure on them through this matter to improve their service – we know that this is not an isolated incident as hauliers across Europe have also been affected.”

Our client’s words

Transorbis Forwarding Limited owner Dave Shaw said: “I am so pleased I found Polly and she was able to guide me through this situation. She even found me an English-speaking lawyer in Romania to assist with the proceedings over there. It is a huge relief to be able to send over any potential claims and for Polly to act very swiftly to bat them away and sign post unsuspecting hauliers to the requisite authorities.”

This type of fraud could affect freight forwarders, dispatchers or any company working in manufacturing and trade sectors.

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

Posted on 20 December 201820 March 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.

Home to school transport – Appeals

Posted on 19 April 201827 March 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.

Taking your children on holiday during term time?

Posted on 5 October 201720 March 2025 by Sarah O'Sullivan

The issue of term-time holidays has been a bone of contention between schools and parents for years.

Term-time holidays: Legal implications and recent court rulings

Some parents have long argued that in order to afford a holiday for their family, it is necessary for them to take time out during the school term because of the significant increase in the cost of their trip outside of term time. The schools, in response, present an equally compelling argument that term-time holiday is disruptive to learning.

The legal framework: Education Act 1996

Section 7 of the Education Act 1996 provides that “the parent of every child of compulsory school age shall cause him to receive efficient full time education…either by regular attendance at school or otherwise.” Failure to ensure regular attendance can lead to prosecution of the parent under Section 444 of the Education Act 1996.

The term ‘regular’ is ambiguous. How can two weeks in the sun fall foul of the term ‘regular’ when a child has otherwise attended school without problem?

Isle of Wight Council v Platt: A landmark decision

The Supreme Court has now provided much needed clarity on this issue in the case of Isle of Wight v Platt [2017] UKSC 28. In this case Mr Platt asked his daughter’s head teacher if he could remove her from school during the term time for a holiday to Florida. It meant that she would miss 7 days of school. The Head Teacher refused this because the circumstances were not ‘exceptional’ by definition. Mr Platt took his daughter anyway and was fined by Isle of Wight Council. He refused to pay a fixed penalty notice and was prosecuted. Mr Platt argued that his daughter attended ‘regularly’ because she had been at school for 90.3% of the year prior to the holiday. The magistrates’ court agreed with Mr Platt. The council appealed to the high court who confirmed that the magistrates court was not wrong but that the term ‘regular’ needed clarification as a matter of public policy.

The council’s appeal to the Supreme Court was upheld unanimously. The court held that the word ‘regularly’ did not mean ‘at regular intervals’ and Lady Hale stated that “unauthorised absences have a disruptive effect, not only on the education of the individual child, but also on the work of other pupils. If one pupil can be taken out whenever it suits the parent, then so can others. Any educational system expects people to keep the rules. Not to do so is unfair to those obedient parents who do keep the rules, whatever the cost or inconvenience to themselves.”

The Supreme Court held that fixed-penalty notices were a sensible approach because they spared the wrong-doer a criminal record but this did not detract from their decision that removing a child from education for the purpose of a holiday is against the law.

Key takeaways for parents

Term-time holidays are unlawful: Removing children from school for holidays without permission is against the law.
Fixed penalty notices: Schools and councils may issue fines for unauthorized absences.
Exceptional circumstances: Permission may only be granted in cases deemed exceptional by school authorities.

Future considerations: Regulation of holiday prices

With the legal stance now clarified, the debate may shift to the rising costs of school holiday travel. Will policymakers intervene to regulate peak-time pricing by holiday companies? While the answer remains uncertain, this ongoing discussion underscores the balance between education priorities and family financial pressures.

For further legal insights or assistance, consider consulting our solicitors specialising in education law.

This article was originally published in July 2017 in Salad Days (http://www.saladdaysmag.uk/).

Avoiding trouble at the end of a commercial lease

Posted on 24 February 201720 March 2025 by Sarah O'Sullivan

We are regularly contacted by landlords and tenants about business lease problems. This is often related to a breach of an obligation relating to the condition of the property and often comes to light at the end of a lease.

What can go wrong?

A landlord and tenant enter into a lease for ten years and throughout that period the condition of the property deteriorates. The landlord does not inspect the property during this time so doesn’t know about the deterioration. The tenant, who sees the property every day, does not notice the gradual deterioration. The term expires and the tenant leaves.

For the landlord: When the lease expires the landlord must incur significant costs in instructing a solicitor and surveyor to set out their claim against the tenant for the tenant’s breach of repairing obligations. What if the tenant cannot pay? The landlord may be left meeting the cost of the repairs themselves if they are to re-let the property. Or they may receive a reduced price in the event of the property being sold. Statutory limitations on lease-end claims also mean that landlords can be left out of pocket.

For the tenant: They are likely to receive the landlord’s claim and they too have little option but to incur significant costs instructing professionals to assess the landlord’s claim, to make sure it is not overstated. They may then be liable for the cost of repairs, consequential losses that the landlord suffers (for example loss of rent), plus the costs incurred by the landlord in bringing the claim, as well as their own costs.

What could they do differently to reduce the risk of all this?

On the landlord’s side – there are usually a number of options provided for in the lease to ensure that the property is not allowed to deteriorate during the term. However, all of them require the landlord to be proactive during the term of the lease. This means the landlord should instruct an appropriately qualified surveyor to inspect the property at regular intervals (for example every two to three years).

Options available to the landlord during the term of the lease

Specific performance / injunction: a claim at Court to seek an Order that the tenant carries out specific works, takes steps to remedy defects which threaten to cause further damage or refrain from acting in a way which is causing damage to the property.

Forfeiture: a process by which the lease may be brought to an end if the tenant remains in breach of the lease. It involves giving a notice specifying the breaches followed by a Court hearing.

Notice of breaches: a process which involves giving a notice to the tenant specifying the breaches and giving a period within which the tenant must complete the works. If they fail to do so the landlord may enter and carry out the works themselves and claim the costs back.

Correct procedure

These remedies are subject to many statutory hurdles and restrictions so it is important to seek advice and follow the correct procedure. Failure to do this can result in the notices being invalid, the claim being unsuccessful, or a claim by the tenant against the landlord or indeed mean that some or all of the costs incurred by the landlord are not recoverable against the tenant.

What can the tenant do during the lease?

A tenant ought to take surveying and legal advice before entering into the lease in order to understand the full extent of their obligations.

Given the potential impact on the tenant’s business of the landlord taking one of the steps available to them in the event of a breach, the tenant is also well advised to be proactive during the term of the lease. Where there are obligations which are periodic (such as an obligation to decorate in the fifth year) the tenant should make sure they remember to do this when the date comes around.

The tenant should also have the property inspected by a professional during the lease and again around a year before the end of the term. This is to review whether there has been any deterioration and what works are required to bring the property up to the required standard.

Another good idea is to set up a fund into which regular payments are made to ensure that money is available to carry out required works.

Be proactive is the message

Early advice and proactive repair management is the best way for both landlord and tenant to protect themselves from the misery that breaches of repair obligations can bring.

Investment in British film or a tax avoidance scheme?

Posted on 24 February 201720 March 2025 by Sarah O'Sullivan

HMRC’s crackdown on tax avoidance schemes: What you need to know

HM Revenue and Customs (HMRC) has released a list of over 1,000 tax avoidance schemes it believes are deliberately designed to reduce tax liabilities. This move is part of a wider government effort to combat tax evasion and ensure fair contributions from all taxpayers.

Accelerated Payment Notices: What Are They?

Once granted new legal powers, expected to come into effect this week, HMRC will issue Accelerated Payment Notices (APNs). These notices require taxpayers to pay disputed taxes upfront, without waiting for a court ruling. HMRC has up to two years from the Finance Bill’s Royal Assent to issue APNs. It is estimated that approximately 33,000 individuals will receive these notices, resulting in billions of pounds in tax demands.

Recipients will have 90 days to pay, unless they formally dispute the validity of the notice. Refunds will only be issued if the court later rules in the taxpayer’s favor.

Understanding Scheme Reference Numbers (SRNs)

Each tax avoidance scheme on HMRC’s list has a designated Scheme Reference Number (SRN). Taxpayers must include the relevant SRN in their tax return. If your tax return contains an SRN, you may be subject to an accelerated payment demand.

Spotlight on Ingenious Film Partners 2

One high-profile scheme on HMRC’s list is Ingenious Film Partners 2. Marketed as a legitimate investment in British cinema, Ingenious Film Partners 2 reportedly generated excessive tax relief for its investors. While investors backed well-known films like X-Men: The Last Stand, Sunshine, and Hotel Rwanda, HMRC claims the scheme was structured primarily to reduce taxable income.

How the Scheme Worked:

Investors committed a minimum of £36,000.
Ingenious loaned an additional £64,000, increasing the total investment to £100,000.
Losses from the films were declared, resulting in approximately £90,000 in tax relief.
High-income taxpayers could offset these losses against their tax liabilities, securing quick tax refunds.

The legality of Ingenious Film Partners 2 is set to be reviewed by a tax tribunal in November.

Industry Response and Ongoing Disputes

Ingenious maintains that it genuinely supports the British film industry and claims its investment schemes have generated over £1 billion in taxable income. The company argues that the government’s actions are unfair and a blatant attempt to boost tax revenue. Investors have also expressed concerns about what they perceive as retrospective taxation.

With legal battles expected to intensify, taxpayers involved in similar schemes should seek legal advice and prepare for potential disputes with HMRC.

Final Thoughts

HMRC’s publication of tax avoidance schemes and the introduction of Accelerated Payment Notices signal a firm stance against tax evasion. Taxpayers are urged to ensure compliance and stay informed about any schemes they may be part of. For those impacted, legal guidance is recommended to navigate the complexities of tax law.