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a-z advice
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abortion
Until you’re 16 you’re only entitled to a confidential consultation with a doctor if they agree to it (which most will) – but if they don’t, they can refuse to discuss the matter. So check first. Some doctors will perform an abortion without parental consent if they consider it necessary for your welfare, but they usually prefer you to discuss it with your parents. If you don’t want this, or if you don’t want to go to your family doctor for a different reason, try either the Family Planning Clinic, Brook Advisory Centre, or another GP.
You can have an abortion without parental consent if the doctor is satisfied that:
one of the grounds for abortion (listed below) is met and
you’re mature enough to understand the nature/possible consequences of abortion.
Establishing pregnancy
Pregnancy tests can be done by:
a home testing kit
a GP
family planning clinic
Brook Advisory Centres
some local chemists
private clinics. But some places oppose abortion and will try to persuade you to go ahead with the pregnancy
Grounds for abortion
1 You’re not more than 24 weeks pregnant.
2 Two medical practitioners (normally your GP and a hospital gynaecologist) must agree. In practice, once one refers you, the second is automatic.
3 To have the baby would be a bigger risk to your ‘physical or mental health or any children in your family than if it were terminated’
or
you would suffer grave permanent injury (physically or mentally) if you continue with the pregnancy
or
there is a likely risk that the child would suffer from physical or mental abnormalities seriously enough to be handicapped
The doctor, in establishing whether to recommend an abortion will also look at social factors like your housing, financial situation, education etc.
NHS abortions
NHS abortions are free of charge. But whether you can obtain one depends on:
What local facilities are available
Local waiting lists
How many weeks pregnant you are. It may be difficult if you’re more than 12 weeks pregnant
If your GP is unsympathetic
Whether you’ve had an abortion before; some areas don’t do repeat abortions.
If you have any delays waiting for the abortion taking your pregnancy over 24 weeks –e.g. you might wait two weeks for pregnancy test results, three weeks to see a consultant and two weeks for the operation.
If you’re from abroad, you might not get an NHS abortion
Private clinics
You should phone the clinic and make an appointment. See below for contact details of organisations that can help.
Some clinics charge high fees, but sometimes you may be able to get an abortion for free, so you should always check the charges and what they cover. When you go to the clinic, a pregnancy test will be carried out and you’ll be examined. You’ll see two doctors, both of whom have to agree to refer you for an abortion. Then you’ll get an appointment to visit a clinic or hospital for the operation. Counselling will be offered at most clinics.
How long will it take?
This varies according to the method used. If you’re more than 12 weeks pregnant you’ll probably spend at least one night in hospital.
Contact details:
British Pregnancy Advisory Service
Austy Manor
Wooton Wawen
Solihull
B95 6BX
Helpline: 0845 7304030
www.bpas.org
Their leaflets are free, but there’s a charge for all its other services, including abortions. A list of charges from the website
fpa England
2 - 12 Pentonville Road
London
N1 9FP
Helpline: 0845 310 1334
Website: www.fpa.org.uk
The fpa has offices all over the country, including Norwich, offering free contraception pregnancy testing and advice, and a helpline giving details of all local services.
YouthNet’s website, provides some information as well: www.thesite.org
Women's Health provides information on health care for women.
52 Featherstone Street
London
EC1Y 8RT
Helpline: 0845 125 5254
Website: www.womenshealthlondon.org.uk
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alcohol
It is illegal to give a child under five alcohol (unless done so by a doctor on health grounds).
Between 5 and 16 years old someone can drink alcohol at home.
A child can go into a pub at 14 or 15 but not drink/buy alcohol there.
At 16 or 17 a young person can drink wine, or beer - not spirits- with a meal in a restaurant.
It is illegal for someone under 18 to buy or drink alcohol in a pub.
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babysitting
There are no legal restrictions on the age of a babysitter, or the child being cared for. However the parents of the child being cared for are responsible for it, and if its harmed whilst in the care of a babysitter under 16, they would have to have a good reason for leaving their child with the babysitter.
Over 16 a babysitter can be charged if they harm or neglect a child they are babysitting.
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bailiffs
A bailiff is someone who:
is instructed to act on behalf of a creditor to whom a debt is owed, enforces a fine, acts for a landlord to carry out an eviction, acts for a creditor to repossess goods or enforces an injunction.
This means that s/he can enter your home and take away possessions which, when sold off, will go to repay the money owed. There are different sorts of bailiffs: County Court Bailiffs, Sheriff’s Officers, and Private Bailiffs. These are the main areas where they will be used:
- rent arrears
- council tax arrears
- other unpaid taxes
- enforcement of Magistrates Courts fines
- court judgements
The powers of bailiffs vary depending on the type of debt s/he is enforcing. But there are some important points, which are common to all bailiffs:
The bailiff can call at your house at any reasonable time to seize goods, but you do not have to let him/her in.
The bailiff cannot enter your house by force, but s/he can legally enter your property through open windows, or unfastened doors.
The bailiff can force entry to separate buildings such as sheds and garages.
Once the bailiff has been inside your house by entering peacefully s/he can call again and enter even without your permission by force and remove your goods.
When seizing goods the bailiff must leave the premises safe.
When in your house the bailiff has the right to access all rooms and can force his/her way into other parts of the property.
The general rule is that, once the bailiff has obtained entry, s/he can seize any item on the premises. But there are certain exceptions:
A bailiff acting on a County Court Judgement cannot seize clothing, bedding, furniture, household equipment or other goods necessary to meet basic domestic needs.
In general, no bailiff can seize tools, books, vehicles or other equipment necessary for personal use in employment or business. However, a bailiff acting for Council Tax, VAT and Tax may be able to do so.
No bailiff can seize goods belonging to anyone other than the person named on the distress warrant e.g. your partner, children, lodger.
No bailiff can seize goods subject to hire purchase or rental agreements (goods on credit sale can be seized because they belong to the person).
Goods you own jointly with someone else can be taken.
If the bailiff cannot gain access s/he may take goods that are not in your home e.g. in the garden, shed, at your workplace, at a friend’s house or a car parked in the street.
When the bailiff ‘seizes goods’ they will not normally be removed from your premises immediately. The bailiff will merely list goods that can later be removed; this is called ‘walking possession’. Once goods have been identified in this way you have an obligation to take good care of the goods and not to remove them. You can be charged a daily fee for each day the walking possession agreement continues. Goods seized by the bailiff must be put into auction to be sold; the bailiff is under a legal obligation to obtain the best possible price. Because the second-hand value of goods is only a fraction of their value when new, a bailiff will often identify far more goods than you may expect.
If you have received notification that the bailiff is going to call at your home, you may be able to negotiate with him/her or the creditor. You may also be able to make an application to the court to suspend the bailiff’s action.
Your local CAB, a solicitor or other advice agency will be able to advise you on how this can be done. If you cannot suspend the bailiff’s action, it may not be too late to make an offer to the bailiff to repay the debt over a period of time. If you cannot afford to make the bailiff an offer, don’t despair. Call into your local CAB who may be able to help by negotiating with the bailiff on your behalf. Take any papers about the debt owed, or papers left by the bailiff, when you seek advice.
If a bailiff is used to enforce the payment of a debt, you may have to pay charges as well as the debt. The amounts are set down in regulations. The charges for goods vary according to what the debt is for. In addition, a bailiff can charge for certain costs and fees, but these must be reasonable. S/he should not be charging for sending out initial letters asking for the outstanding debt to be paid or for making payment arrangements. Equally s/he should not normally charge VAT. Your local CAB or advice agency can provide more detailed information on these charges.
The bailiff cannot have you sent to prison for failing to co-operate. If the bailiff calls you do not have let him/her in. You should get advice as soon as possible.
A bailiff must not threaten you illegally, force entry into your home, or use offensive language. If you are concerned about a bailiff’s behaviour, you can complain either to the creditor or to the court which sent him/her to call, try to have someone with you to witness what happens. You or your witness should make a note of anything the bailiff says or of any powers s/he claims to have and make a written record as soon as possible.
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banks
For more information on banking and money advice click here
There is no lower age limit on opening a bank account. However the bank has the right to decide whether to allow the young person to or not. There are also limits as to which sorts of account a young person can have such as credit or overdraft facilities.
You can borrow money at any age but getting a loan is difficult under 18 because any contract would not normally be enforceable by law.
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benefits
See our benefits guide as well.
Income support or income-based jobseeker's allowance
Between 16 and 18 if you are no longer a dependent you can claim income support or income-based jobseeker's allowance. But you can still only claim these benefits in special circumstances.
Housing benefit
You can claim housing benefit at any age. However someone who is single and under 25 with no children can only get housing benefit for local single room rent.
Council tax benefit
You are only eligible to pay Council tax at 18 or over, and so can claim council tax benefit, if your income is low enough, at 18.
Social fund
You can sometimes claim a ‘crisis loan’ from the social fund in an emergency. You don’t have to be on income support or income-based jobseeker's allowance to claim this.
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body piercing
There are no legal restrictions on the age at which a child or young person can have her/his ears or other body parts pierced. However, some establishments may operate their own informal guidelines on obtaining parental consent. |
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changing your name
See our FAQs section on this as well.
Between 16 and 18 you can only change your name with parental consent. You cannot choose your own name until you are at least 16.
Similarly your parents can change your name while you are under 18 without your consent; but you can dispute this under the Children Act 1989.
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contraception
There is no age restriction on giving contraception advice or products.
A doctor can prescribe contraception to anyone under 16 without informing their parents.
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cigarettes
Anyone can smoke cigarettes in private at any age. But it is illegal to sell cigarettes or tobacco products to anyone under 16.
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contracts
No-one under 18 you can usually enter a legally enforceable contract. But if you make enter into an unenforceable contract as a young person you can still enforce your rights.
One contract you can enter into is that if you drive a vehicle at 17 then you must have third party liability insurance.
Also a contract can be enforced against someone under 18 if it is connected with property, for example, leasing a house or flat. This type of contract is legally binding even if you are under 18.
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copyright
What is Copyright?
Copyright protects your work from being copied, or broadcast until you've given permission. Copyright exists automatically without doing anything but it's useful to have evidence of when you created your work!
How Do I Get Copyright?
As soon as a work is created for example, on paper, copyright exists. It isn't necessary to make any formal registration.
What are a copyright owner's rights?
A 'copyright owner' has the right to:
• copy and issue copies of the work
• perform, play or show the work in public
• broadcast the work
• making the work available electronically,
• making an adaptation of the work.
If anyone else does any of these things without permission they will be infringing copyright. The owner may then be able to take legal action.
It's a criminal offence to break copyright in order to make a commercial profit. If a person's copyright has been infringed, they can report the matter to the police in order to start a criminal prosecution.
Written By Dean Starkey
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cosmetic surgery
There are a huge variety of different types of cosmetic surgery available. Some operations are available on the NHS, although a lot are carried out privately.
If you are considering having cosmetic surgery it is vital that you consider it thoroughly, and talk to as many people as possible about it, finding out as much as you can. You should always consult your GP first. Even if you intend to have private treatment, your GP will be able to refer you to a reputable surgeon, and the General Medical Council recommends that everyone should be referred by his or her GP.
You should always, ALWAYS see a qualified surgeon. Sadly the law allows any doctor to call themselves a cosmetic or plastic surgeon without having any surgical training. It can also be confusing as there are all sorts of different letters that will appear after their names- but be warned, some of these are meaningless. For example the letters (FRCS) -Fellowship of the Royal College of Surgeons, doesn’t qualify someone to perform plastic surgery.
The letters you should look for are: (BAAPS) – meaning that they are members of British Association of Aesthetic Plastic Surgeons. Their list of doctors working at reputable clinics is available at www.baaps.org.uk
If you want to go ahead with cosmetic surgery, here are some tips:
Use a surgeon who is a member of BAAPS
Make sure everything is fully explained to you before the operation
Get a second opinion if you’re unsure
Get insurance!
Be prepared for bruising and discomfort afterwards- try and get a friend or family member to stay with you
If you have a complaint about a surgeon or procedure:
Private health treatment is covered by the Supply of Goods and Services Act 1982, which states that treatment must be carried out with: 'reasonable care and skill'. If the surgeon doesn’t comply with terms and conditions, agreed or implied, then they’re in breach of contract. If you are going to take action against a surgeon, you will need to decide what outcome you want: i.e. getting your money back, getting the treatment finished, or claiming compensation.
If you suffer pain or injury through the surgeon’s negligence, you’re entitled to compensation for this, and any loss of earnings and other expenses.
To claim compensation, you can try to negotiate with the surgeon or take court action. It is essential that you consult a solicitor, and choose one who has experience in dealing with medical negligence cases.
For further advice and information consult your nearest CAB or use the Just Ask Directory to find a solicitor near you: www.clsdirect.org.uk
Finally, Labour MP Ann Clwyd is keen raise awareness of the concerns over the regulation of cosmetic surgery, and has received nearly 500 complaints about operations carried out by private clinics.
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council tax
No one under the age of 18 has to pay council tax. For information on council tax benefit click here |
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courts
There are two kinds of court cases, civil and criminal. A criminal case is where the state acts as prosecutor; every other case is a civil one. All cases start in the Magistrates court, but some criminal cases are then transferred to the Crown court. The defendant is the person charged with the crime, the prosecution is the individual or party starting court proceedings. Initially someone is charged with an offence, but they can still be innocent - only if found guilty in court are they then convicted.
Over 10 you are responsible for a criminal offence and treated in the same way as anyone under 18 and therefore face criminal proceedings. However these would normally dealt with in a youth court. Anyone under 18 arrested for a criminal offence has the same rights to legal advice as an adult. In criminal cases, many Crown Courts have a child liaison officer who is responsible for arrangements for the child witness's attendance at court
Under 18 you can also be sued for negligence by a parent. Negligence is ‘failure to act with reasonable care so as not to cause damage to other people or property’. The other party can also sue for compensation if injured, for example if you ride your bicycle carelessly.
A person suing someone under 16 can wait up to six years until that child is working before enforcing the judgement.
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curfew
New curfew laws in Norwich
The Thorpe St Andrew (Dussindale) areas around the Fitzmaurice pavilion, Thorpe St Andrew school and the Thorpe St Andrew recreation ground have got a curfew. If someone is loitering in any of these areas after 9 o’clock, then the police have the right to move them on, if they then refuse to move on then the police officer can take them home, and if they refuse to be taken home then the police are within the law to arrest them. If the person in question is over 16 and refuses to move on the police officer can then just arrest him without the threat of being taken home. |
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discrimination
It is illegal to discriminate against a child or young person on the grounds of race, colour, nationality, ethnic origins, sex or disability.
Racial or religious harassment includes verbal abuse, threats, graffiti and physical attacks.
A child or young person who has suffered discrimination could take action against the organisation or individual responsible.
For further information refer to:
The Race Relations Act 1976
The Sex Discrimination Act 1975
The Disability Discrimination Act 1996
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driving
You can ride an electrically assisted pedal cycle from the age of 14, a moped or invalid carriage from the age of 16 and a motorbike, car or certain classes of van and lorry from the age of 17.
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drugs
For more information on drugs click here or visit the Matthew Project's website: Matthew Project
Anyone over 10 in possession of illegal drugs can face prosecution.
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education
You have to attend school from age 5 until the last Friday in June of the school year (September to September) that you are 16. Education is free if you go to a state school.
Up to 16, if you do not attend a state school you can be educated at a private school or out of school, for example at home by a parent or tutor.
If your parents have problems with money, for example, the costs of transport or meals, help may be available until you are 16.
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employment
*Please note that this information is based on bylaws relevant to Norfolk only.
17 & 18 year olds
Anyone under 18 must not be employed to do work that
is beyond their physical or psychological capacity;
involves exposure to chemical agents, toxic material or radiation;
involves a health risk because of extreme cold, heat or vibration.
Anyone under 18 should not be asked to do night work between 10pm and 6am unless offered a health assessment that should be repeated at regular intervals
Anyone under 18 has the right to paid holiday in the same way as other workers. A worker aged between 16 and 18 also has specific rights regarding hours of work and rest breaks. But until you are 18 you are not entitled to the minimum wage.
A young person must not be employed where there is a risk of accidents. But these health and safety provisions do not apply to occasional domestic work in a private house, for example babysitting.
Anyone under 18 will need permission from both parents to join the armed forces. If the parents are separated or divorced, only the permission of the parent with whom they live is needed.
15 & 16 year olds
No-one under 18 can work before 7am or after 7pm and must not work more than 2 hours a day on school days or Sundays.
They also must not work on Saturdays for more than 8 hours, and in school holidays for more than 8 hours a day up to a maximum of 35 hours a week.
YOU MUST HAVE A BREAK OF ONE HOUR FOR EVERY FOUR HOURS YOU WORK
An employer must perform a risk assessment if employing anyone under 16, taking into account their inexperience/ immaturity and other factors that could pose a risk, and inform their parents or carers of the outcome.
The employer also needs an employer’s permit, for which they’ll need to complete a form signed by the young person's parents. Even for someone working in a family business their 'employer' needs this permit.
Most trade unions allow young people to join at the age of 16, but some accept younger members.
Jobs that are prohibited:
Working in a commercial kitchen, such as a café, pub, restaurant, hotel etc.
Serving alcohol.
In cinemas, nightclubs or theatres.
In a factory, or lifting heavy objects.
Handling dangerous chemicals, petrol or fuel.
Anywhere gambling takes place.
Collecting money or street trading.
In telephone sales.
13 & 14 year olds
Please note that it is illegal for anyone under 13 to work at all.
Between the ages of 13 and 14 you must not work during school hours and on Saturdays and school holidays for more than 5 hours a day or for more than 25 hours a week. Again, you must not work more than 2 hours on a Sunday.
Also there are only a few jobs that you can do. These are:
Working in shops.
Delivering newspapers.
Office work.
Serving in a café, or working in hotels – but not the kitchen.
Shampooing/sweeping up in a hairdressers.
Light agricultural or horticultural work or working in a riding stable.
For more information on any of the details given here please contact the Child Employment Team, Norfolk County Council, on 01953 456545.
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films
Films are classified as follows:
In a cinema
U Universal – suitable for any age group
PG parental guidance recommended but unaccompanied children are admitted
12 no-one under 12 is allowed admittance
12A no-one under 12 is allowed admittance unless accompanied by an adult
15 no-one under 15 is allowed admittance
18 no-one under 18 is allowed admittance
The cinema manager has the right to refuse admission at his/her discretion. Generally children under 5 are not allowed admittance unless accompanied by an adult.
On video the following classifications apply:
Uc Universal but particularly suitable for children
U Universal – suitable for any age group
PG Parental guidance needed as some scenes as not be suitable for children
15 Not suitable for, or to be supplied to anyone under 15
18 Not suitable for or to be supplied to anyone under 18
Restricted 18
Only licensed sex shops can supply these.
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giros
The way that benefits are paid changed in 2003; they are now paid directly into a bank, building society or post office account. So to claim benefits you will first need to open either a basic, current or savings account at a bank or building society, or a post office account.
The following current accounts let you withdraw cash from the post office: Alliance and Leicester, Barclays, Cahoot, The Co-operative bank, Lloyds TSB and Smile.
But if you can’t get a bank account or prefer to remain using the post office, in April 2003 the post office launched a Post Office card account that most people will be able to open. This only lets you have benefits and tax credits paid into it, and you can’t go overdrawn. You can get your cash over the counter at any post office and will also receive a card with a PIN number.
If someone else currently collects your benefits for you, you can arrange with the bank or post office for them to continue withdrawing your money for you.
If you receive more than one benefit you can have them all paid into one account or open separate accounts for them.
Finally if you have less than £10.00 in your account and the cash machine only lets you withdraw £10.00, then you can go in to the bank or post office during opening hours and withdraw your cash over the counter.
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gcses
Any employee who is 16 or 17 without a certain standard of education is entitled to ‘reasonable’ paid time off to study. So if you wanted to retake an exam like maths and there was a class held at a college or sixth form near you your employer would be obliged to let you have time off to attend. You do not have to have worked for your employer for a minimum amount of time, and it does not matter how large or small the firm is you work for.
Even when you turn 18 if you have previously started study in this way you are entitled to finish your course.
For more information on GCSE's check out
GCSE Bitesize
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health
Anyone under 16 must be registered with a GP by their parents. However anyone under 16 can ask their doctor not to inform their parents if they want to keep a consultation confidential.
NHS charges
Anyone under 16 and anyone 16-18 in full-time education is entitled to free prescriptions, eye tests, vouchers for glasses and wigs and dental treatment.
Anyone aged 16-17 not in full time education is entitled to free dental treatment (including check ups) and may receive other help for NHS treatment if on a low income.
For more information about NHS services and all health related matters try NHS direct, available online www.nhsdirect.nhs.uk or call 0845 4647
You could also try Norfolk's health information database: www.heron.nhs.uk
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housing
Local Authorities have a duty to provide accommodation for any young person that meets the criteria in the homelessness provisions of the Housing Act 1996, or, under the Children Act 1989 if:
No one has parental responsibility
The young person is lost or abandoned
The person caring for them is unable to provide suitable accommodation /care
The local authority considers the person’s welfare would be seriously damaged if they do not receive accommodation.
Renting
Legally there is no restriction on anyone under the age of 18 renting accommodation. But landlords usually require a guarantor for anyone under 18. If a young person wants to move into local authority accommodation after leaving care, the Social Services department usually act as guarantor.
Buying property
No one under 18 can apply for a mortgage to buy accommodation.
Leaving home
Usually anyone over 16 who wishes to leave home can do so without parental consent.
If someone under 16 is forced to leave home the social services department are likely to intervene and offer to provide services so the child can stay at home. Alternatively they can find a relative to accommodate the young person or if they are at risk the local authority may consider taking them into care.
For more information on housing and homelessness click here
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i.d.
If you need a card to carry as proof of identity you can get a CitizenCard.They are now available to anyone of any age. They are free of charge to anyone under 18 and cost £7 to anyone 18 or older.
You’ll have to complete a form, pay the fee and provide two passport sized photographs plus a statement from a qualified professional person confirming your age and that the photos are a true likeness.
You can get an application form from:
CitizenCard
PO Box 1221
Newcastle-under-Lyme
ST5 1UF
Tel: 0870 240 1221
Fax: 01782 741960
E-mail: info@citizencard.net
Website: www.citizencard.com
Other forms of ID include your passport and birth certificate.
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laws
Laws are created by:
Bills (suggested legislation) presented to Parliament to be decided on. If the Bill is successful, Acts and sections of Acts are passed.
European Union (EU) directives that have to be enforced in this country.
Other documents that result in changes to the Information System, for example, cases referred to the European Court of Justice, and government reports awaiting implementation.
Copies of public Bills are available from Her Majesty's Stationery Office or on the website of the Houses of Parliament. The address is www.publications.parliament.uk
Acts
Once a Bill receives Royal Assent, it becomes an Act of Parliament. However there is a time lapse between an Act being made and it coming into effect to allow for any necessary administration. During this time, the Act is on the statute books but it does not have the force of law.
The actual start date of a particular Act cannot be given until a Commencement Order has been made Regulations are made called Statutory Instruments (SIs) and, until these have received parliament’s approval, the full details of the Act are not known.
EU Directives.
These are enforced in each EU member state within a certain time, usually two years or a time specified in the Directive itself. A Directive is implemented in the UK by an Act of Parliament, so the UK government has some control over the means of enforcing it in the UK.
Example of an Act that has recently come into effect:
Fur Farming (Prohibition) Act 2000
Extent: England and Wales
Royal Assent: 23 November 2000
Fur farming will be banned, and it will be illegal to keep animals solely or primarily for slaughter or for the value of their fur. This mainly applies to the farming of mink. Fur farmers will be compensated for their losses.
Date it came into force: 1 January 2003
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marriage
A marriage of someone under 16 will not be recognised unless it took place in a country with a younger age limit.
At 16 or 17 someone can get married in a registry office with parental consent or in a church without parental consent providing the vicar is unaware of any dissent.
Anyone over 18 can get married without parental consent.
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national insurance
At 16 you will get a National Insurance number and have to start paying contributions if you start work.
At 16 if you stay on in education you are given ‘starting credits’ paid on your behalf instead.
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noise
Noisy neighbours
The term ‘neighbour’ can vary quite a lot depending on the circumstances/offence. It can include someone up to 100 metres away. Before using our step by step guide, it best to see how the law differs according to what is causing the noise.
Children - are not defined as a 'nuisance'. If children cause the noise, your only solution is to approach their parents.
General neighbourhood noise – e.g. car alarms, music. This is covered by the Environmental Protection Act 1990 that the local authority (council) is responsible for enforcing. For example they can break into a vehicle and silence the alarm. They can also gain entry to property in order to deal with noise and/or seize noise-making equipment.
Minor noise - such as noise from animals/street traders, is restricted according to local bylaws. Your local authority enforces these, but as an individual you can also prosecute.
Burglar alarms – In London, a local authority can access a building to silence an alarm when its been operating for an hour. Unfortunately, here the local authority can only do so with a warrant and accompanied by a police officer. This is expected to be amended soon but the date is not set at present.
Neighbour noise - Under the Environmental Protection Act 1990, local authorities have extensive powers to deal with noisy neighbours. You should ask your Environmental Health Officer (EHO) to investigate the noise first. Sometimes, these officers come out on evenings and weekends, and at very short notice. They measure the level of noise, and have a duty to investigate all complaints.
Noisy neighbours – a step by step guide to your options.
1 Keep a record of the frequency/type of noise as this can be used as evidence.
2 Approach the neighbour yourself and try to discuss it with them. If you won’t be able to keep your temper try writing.
3 Talk to other neighbours. Sometimes being approached by a group of neighbours can help persuade someone that they are causing a nuisance.
4 Local mediators are able to help. Mediation UK www.mediationuk.org gives information about mediators in your area.
5 If the neighbour is a tenant try contacting the landlord, but remember this could result in them being evicted. To find out who their landlord is you can use the land register – contact your local Citizens Advice Bureaux
6 Call the Environmental Health Officer. They’ll talk to the neighbour concerned. If this doesn’t work, they’ll serve a notice on the person. If the noisy neighbour still doesn’t comply with the notice, the local authority can prosecute. Or, if the person is one of their tenants they can apply for an injunction to prohibit anti-social behaviour.
7 Call the police if a criminal offence is being committed (like breach of the peace). It may be useful (especially if you’re taking civil action against the neighbour), to have a record of when the police have been called.
8 A letter from a solicitor may be helpful, but please note that this is a formal step to take, reducing the possibility of an amicable settlement.
9 If the local authority don’t take further legal action and the nuisance continues you can prosecute the neighbour by applying to a magistrate’s court. You’d normally have a solicitor (although it isn’t necessary). But this can be very expensive – please seek legal advice. If you win the case you may obtain an injunction to stop the nuisance, and/or claim damages. |
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parents under 16
A mother under 16 has the same rights and responsibilities towards her child as any mother.
Benefits
If the mother’s parents are claiming income support, income based job seekers allowance, working families tax-credit or disabled persons tax credit, both mother and child can be included in the claim. If they are receiving any of these benefits they will also be able to claim a social fund maternity payment or grant for mother and child.
If the mother is living with her parents and they receive income support or income based job seekers allowance they can claim free milk and vitamins on her behalf.
The mother can claim housing benefit once the baby is born. In most cases she will not be able to rent private or council accommodation because she’s too young to get a tenancy. However if she does not want to live with her parents she can ask the local authority social services department to rehouse her, if her parents agree. If her parents object she could apply for a care order. In certain circumstances she could be fostered through the local authority and they would pay a fostering allowance to cover the cost of looking after her and her child.
Child Support Agency. The mother can apply to for an assessment, but if the father is under 16 or under 19 and in full time education he will be exempt from paying. However it is still worth the mother approaching the CSA as they will pursue him for maintenance as soon as he has an income. A young father under 16 if pursued by the Child Support Agency will be expected to pay maintenance as soon as he is earning money or receiving benefits.
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paper round laws
If you want a paper round but aren't sure if you're old enough, then here are the facts: if you're 13 or under you'll need written permission by a parent or guardian to do the paper round. But if you're 14 or more then no written permission is needed!
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passports
The 10-year British passport is only available to adults over 16 years old who are in the UK at the time of application and who are British citizens. Everyone over 5 needs their own passport.
If you’ve never had your own passport before you can apply for one online, from a post office or in person at a passport office.
If you complete the form correctly with the right documents it will take 2 weeks through a post office, or three weeks by post to arrive. If you are travelling within two weeks you can use the post office’s 1-week fast track service. For renewals, not first time passports, call 0870 521 0410 to make an appointment at the passport office, in which case you can take it away with you that day.
The cost of a passport starts at around £40, depending on the speed of service you choose- a one day passport will be much more expensive.
Getting a professional person who knows you to sign the photo and form – the people who can do this are:
Accountant
Articled Clerk of a Limited Company
Assurance Agent of Recognised Company
Bank/Building Society Official
Barrister
Broker
Chairman/Director of Limited Company
Chemist
Chiropodist
Christian Science Practitioner
Commissioner of Oaths
Councillor: Local or County
Civil Servant (permanent)
Dentist
Engineer (with professional Qualifications)
Fire Service Official
Funeral Director
Insurance agent (full time) of a recognised Company
Journalist
Justice of the Peace
Legal Secretary (members and fellows of the Institute of legal secretaries)
Local Government Officer
Manager/Personnel Officer (of Limited Company)
Member of Parliament
Merchant Navy Officer
Minister of a recognised religion
Nurse (SRN and SEN)
Officer of the armed services (Active or Retired)
Optician
Person with Honours (e.g. OBE MBE etc)
Person with recognised qualification (e.g. BSc, PhD etc)
Photographer (Professional)
Police Officer
Post Office Official
President/Secretary of a recognised organisation
Salvation Army Officer
Social Worker
Solicitor
Surveyor
Teacher, Lecturer
Trade Union Officer
Travel Agency (Qualified)
Valuers and auctioneers (fellow and associate members of the incorporated society)
Warrant officers and Chief Petty Officers
*Relatives or partners should not countersign passport applications.
What to send with your passport – if you don’t include these, your application will be delayed.
1 Photos - You will need to send two passport photos- these must be 45mmx35mm, on a white background (don’t use the brown or blue curtains in the photo booth!). The professional person who signs your form needs to sign one of these on the back as follows: ‘ I certify that this is a true likeness of (your name) … Signed (their name)…(today’s date)
2 Your original birth certificate (not a photocopy)
Completing the form:
Tick that this is your first adult application, and fill in sections 1,2,3,9,10 and others as relevant. You’ll need a parent to sign section 9 if you’re under 18.
Where to send the completed form.
You can take it back to the place you picked up the application form, like a post office or take it to a passport office in person. If you post it, do so by registered post.
Your nearest passport office is:
Peterborough Passport Office,
Aragon Court,
Northminster Road,
Peterborough,
Cambridgeshire,
PE1 1QG
Tel: 0870 521 0410
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pets
Reporting animal cruelty and suffering
You should call the RSPCA or police immediately if you find any animal in pain, in distress or suffering.
RSPCA 08705 555 999
Cruelty to animals, including neglecting or abandoning an animal, is a criminal offence. Penalties can be a fine and/or imprisonment, or the court may ban the person responsible from keeping an animal again. The police can ask a vet to put down any animal found so ill or injured that moving it would be cruel without the owner’s consent.
Responsibilities as a pet owner
Whoever is responsible for a pet, not just the owner, must make sure that:
It doesn’t suffer
It doesn’t harm others or cause a nuisance
Pet travel scheme
Most animals have to go into quarantine immediately on arrival in the UK. They are kept at the owner's expense for a set amount of time - normally six months.
But some cats and dogs can be imported without having to go into quarantine. This arrangement is known as the Pet Travel Scheme (PETS).
Under PETS, a dog/cat won’t be quarantined if:
an authorised microchip has been fitted to it and
it’s been vaccinated against rabies and
a blood test shows that it has satisfactory protection against rabies and
a vet has given a certificate of health ('pet passport') and
it’s been treated against tapeworm and ticks 24 to 48 hours prior to starting its journey to the UK
Can’t afford vets bills?
Owners should consider insuring their pets, as vets bills can be extremely high.
Alternatively these organisations can provide free treatment if the owner’s on a low income. There’s a branch of these charities in most towns.
PDSA
Tel: 0800 731 2502 (freephone)
Mon-Fri, 9.00am - 5.00pm
Blue Cross
Tel: 01993 822651
Fax: 01993 823083
Website: www.bluecross.org.uk
RSPCA
Tel: 01403 264181
Fax: 01403 241048
Website: www.rspca.org.uk
Dangerous Dogs Act 1991 - This states that owning a fighting dog (American pit bull terrier, a Japanese Toza, Filo Braxiliera or Dogo Argentino) is illegal unless the owner has the dog registered on the Index of Exempted Dogs. However this index is now closed, and it isn’t possible to register a dog as exempt anymore. If the owner hasn’t already obtained an exemption, the dog must be destroyed.
It is also an offence for any dog to out of control in public. The owner can be fined and/or imprisoned and the court can order the dog to be muzzled and leashed or destroyed.
Stray dogs picked up by a collection officer can be ‘disposed of’ if no-one claims them after seven days.
Complaint about a vet?
All vets must be registered with the Royal College of Veterinary Surgeons. They are responsible for investigating any complaints of misconduct (e.g. dishonesty) about a vet.
Royal College of Veterinary Surgeons
Belgravia House
62-64 Horseferry Road
London SW1P 2AF
Tel: 020 7222 2001
Fax: 020 7222 2004
Website: www.rcvs.org.uk
However if your complaint is about professional incompetence or negligence (i.e. the animal suffers or dies because of the vet) your only option is to take civil proceedings – please seek legal advice.
Related animal welfare sites
www.buav.org
www.peta.org
All horses, ponies and donkey have to have a passport, and their details are kept on a database. The owner also has to register each horse etc. with an approved equine organisation. The owner of an animal that already has a passport will be issued with a new version, which will contain details of any medicines it has.
No-one under 12 can buy a pet without an adult present.
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police
Anyone over the age of ten can be stopped, searched, fingerprinted and photographed by the police. The PACE codes of practice detail the rules governing the treatment of children and young people. If these are not adhered to, the evidence gained may not be used by a magistrate or judge, possibly leading to the case being dismissed, and disciplinary action can be taken against the officers involved. |
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post 16 options
Post sixteen options
Confused about what to do? After Year 11, you no longer legally have to carry in full time education but you may wish to take further qualifications. Lets look at your options:
Get a full time job
Although the thought of money may be appealing, without training, progression in your work may be hard. If you get a job that isn't offering you training leading to a qualification, you are legally entitled to reasonable paid time off for study or training during normal working hours and this may be good if you decided to change jobs in the future.
Modern Apprentice
This option gives you money and qualifications. There are two ways to become a modern apprentice, either by asking your employer (you might be able to train in an existing job) - or by applying for a position as a Modern Apprentice. The training leads to a final qualification and in the mean time you're earning a decent wage! There is a lot to choose from including: Business, Administration & IT, Customer Care, Health & Care, Motor Vehicle, Engineering & Construction, Manufacturing, Food & Hospitality, Tourism, Sports & Recreation and Hairdressing & Beauty.
Carry on in full time education
The most popular choice, staying in education can have many benefits. By gaining qualifications such as GNVQs, A Levels and AVCEs, you may find more highly paid employment when you finish. Although you won’t have a wage whilst there, it may be more profitable in the long run. There is also a wide choice of courses, some academic, some vocational and some combining the two. You can also choose where to study, whether at college or at sixth form.
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punishment
Parents have the right to use corporal punishment – however if the violence used is severe the young person can be taken into care or the parent can be prosecuted for assault.
No teacher in a state school is normally allowed to use corporal punishment. Nor is it allowed in any children’s home, secure unit or foster home provided by a local authority, residential care home or young offender institution.
However teaching staff are allowed to use ‘reasonable physical force to control or restrain pupils’ to prevent them:
committing a crime
causing injury to themselves or others
causing damage to property, including the pupil's own property
engaging in any behaviour prejudicial to maintaining good order and discipline at the school or among its pupils, whether the behaviour occurs in a classroom during a teaching session, or elsewhere.
But corporal punishment is allowed in private schools providing it is not ‘inhuman or degrading’.
Registered childminders are not allowed to smack a child in their care unless the child’s parents have given prior written permission that this can be done.
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religion
A parent has the right to choose which religion (if any) their child will follow unless the young person has sufficient understanding to choose their own. If the parents consider their child's chosen religion to be harmful they can ask a court to intervene.
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sex
It is against the law for a man to have sex with a girl under 16 even with her consent.
It is against the law for a woman to have sex with a boy under 16 even with his consent.
A girl or woman can have sex lawfully at any age but if she does so with a boy under 16 she can be prosecuted for indecent assault. Under 14 and she can be charged with gross indecency.
A lesbian relationship is not illegal unless one partner is under 16.
A boy over ten can be prosecuted for unlawful sexual intercourse if the girl is under 16. If he is over 17 and convicted he can be fined or detained for up to two years.
A homosexual relationship is only legal when both parties are over 16 and have consented. If one party is under 16 the older one will be prosecuted.
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shopping
A young person has the same consumer rights (for faulty goods or services) as anyone over 18 although they will need a litigation friend if civil proceedings are necessary. |
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tattoos
It is illegal to tattoo anyone under 18 unless for medical reasons by a medical practitioner.
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telephones
No-one under 18 can have a telephone account because they are too young to have a contract -unless it is a mobile phone that works on a pre-paid voucher system, as this does not use a contract.
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tv license
You can be prosecuted for using a television or video recorder if no one in the household has a television license. You can receive a heavy fine for not paying your licence.
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voting
If you are over 18, in order to vote you will need to include your name on the electoral registration form (which you should do anyway even if you do not wish to vote) when it is posted to the address where you are living.
If you have just turned 18 your relevant date of birth must be given on the electoral registration form.
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witnesses
How do I get to be a witness?
The police, a solicitor, an insurance company, or someone will ask you. You can either be asked informally, then its up to you whether or not you agree, or you can be made a witness by being served with a summons. Otherwise if you’ve not been asked to be a witness, but know something that will be important in a case, you should contact the clerk of the court.
The court will send a witness summons by post seven days before the case. If you’re served with a witness summons and don’t attend the trial, the court may issue a warrant for your arrest or fine you for contempt of court.
What will being a witness involve?
In most cases, you’ll be asked to go to an interview before the court hearing, so that the person conducting the case will know what your evidence is and whether or not it would be useful. If they decide it’s useful you will then have to do one or both of the following:
1 Make a statement (and/or affidavit)
Normally you’ll be asked to make a written statement of your evidence. This is used as the basis for questions that you’re asked at the court hearing. You may be asked to make this written statement into a sworn statement, given to the court prior to the hearing, by taking it to a Commissioner for Oaths or Justice of the Peace (JP), and swearing before her/him that it is the truth. This is then called an affidavit.
2 Appear in court
You will be asked to appear in court at certain time/day. You would normally wait outside the courtroom until called in to give evidence. You will be asked questions by both your own, and the other party’s, solicitors.
In a youth court (where anyone under 17 is tried), cases aren’t heard in public and only these people can be present:
Members/officers of court
the prosecution, the accused, solicitors/barristers, and others directly involved
press
any other person whom the court may specially authorise.
Being cross-examined
A defendant conducting their own defence, is not personally allowed to cross-examine the witness if:
They were the person against whom the offence was committed; and
the defendant is charged with violent offences or the offence of kidnapping, false imprisonment or abduction of a child or young person under 14, rape or other sexual offences (including sexual offences against a child or young person under 17)
In these circumstances a solicitor or barrister will cross-examine the witness. For other offences the defendant may personally cross-examine the witness.
What if I want to change what I’ve said?
If you want to change your evidence, you must tell the person conducting the case as soon as possible. If you give different evidence in court from your written statement, you could be prosecuted for perjury. Perjury is giving false evidence. Anyone suspected of committing perjury can be fined immediately, or tried later. If found guilty, you can be jailed for up to seven years.
What can/can’t I say?
in a civil case, both sides will know in advance which witnesses are going to be called and what they are going to say
in a criminal case, if it’s a summary offence, there is no entitlement to advance information, although this is often provided anyway
You don’t have to answer any questions which would incriminate you
You can’t be sued for defamation (slander) for anything you say about someone else when you give evidence
Finally, if you’re under 18, whether a witness or defendant, the court can prohibit reporting of any information likely to lead to your identification.
What if I’m too scared to appear in court?
If you’re offered bribes, threatened or harassed in any way you should immediately tell the police and/or a solicitor
It is a criminal offence to intimidate or frighten a witness in criminal proceedings. If you’re harassed or threatened in any way before, during or after the trial, you should tell the police or a representative of the Crown Prosecution Service
The judge has discretion to clear the courtroom when you’re giving evidence
If you’re too afraid to give verbal evidence consult a solicitor
Will I get paid if I have to take time off work?
Your employer can deduct pay from you if you take time off work to appear as a witness, unless your contract says otherwise. If you do lose pay though, you can claim a witness allowance for loss of earnings
You can claim expenses (travel etc.) to cover the cost of attending court. You can ask for these to be paid in advance.
What if I’m ill on the day of the trial?
If you’re ill on the day of the hearing/trial you should contact the clerk of the court immediately and also obtain a medical certificate from your doctor. |
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wills
Someone under 18 cannot make a will unless they're a member of the armed forces or a seafarer.
No one under 18 can legally be a trustee, administrator or executrix of a will but can appoint a guardian to do so on their behalf.
If a will states that someone must be at the age of majority to receive an inheritance in a will it means that:
In a will made before January 1st 1970 this is 21 years old
In any will made after this it means 18 years old.
But the person making the will can still state that the beneficiary should not receive their inheritance until 21 or any other age they choose.
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