Savage cuts to Yorkshire’s legal aid services have led one of the region’s best-known lawyers to warn that the region’s family justice system is “facing meltdown”.

Grahame Stowe is the senior partner at Grahame Stowe Bateson, which is one of the biggest providers of legal aid family law in Yorkshire. He revealed that of the 31 firms currently taking on legal aid family cases in Leeds, 23 have been informed by the Legal Services Commission that their legal aid contracts will be withdrawn in October.Legal aid family lawyers represent some of the region’s most vulnerable people, from victims of domestic violence to abused children. They also represent parents who have been accused of abuse and who stand to lose their children forever.In Leeds, a city with significant areas of deprivation and a total population of nearly three-quarters of a million, the Legal Services Commission’s decision leaves just eight firms offering family law legal aid.

Grahame Stowe said: “These cuts to Yorkshire legal aid services defy all reason, and are nothing less than savage. Our family courts are already overloaded, with child care cases taking, on average, more than 44 weeks to be decided. We understand that many government-funded programmes are currently under review, but legal aid provides access to justice for those who need it most.

“Our fear is that areas of Yorkshire will no longer be served by legal aid family lawyers, which will limit access to justice, delay sensitive cases yet further and leave the region’s family justice system facing meltdown.”

Grahame Stowe Bateson has six offices in Leeds and Harrogate, has donated more than £1 million of free legal advice since it was founded in 1981 and has been praised by Leeds MPs and the Law Society for its commitment to providing access to justice.

Now the firm’s five Leeds offices - a number of which are located in poorer areas of the city - are to have their family contracts withdrawn, while Grahame Stowe Bateson’s office in Harrogate is to have its legal aid family contract renewed.

Grahame Stowe Bateson’s Leeds offices have been awarded a new legal aid child care contract and can continue to represent vulnerable children in care proceedings. But the Legal Services Commission has informed the firm that it is not permitted to have both contracts.  Instead Grahame Stowe Bateson must choose between legally aided family law work in Harrogate and public law child care work in Leeds - a decision that Grahame Stowe described as “nonsensical”.

“The formula by which contracts have been awarded is incomprehensible. We have been told that we can appeal, but it appears that the people overseeing the appeals process are the same people who made the decision in the first place.

“Unfortunately, the problems may be just beginning. The Legal Services Commission’s mental health contracts were reviewed several weeks ago, and providers were allocated less than two-thirds of the new cases for which they had applied. Later this year the criminal law contracts will be reviewed. Already there is speculation among lawyers that contracts will be awarded to just 10 firms in West Yorkshire, which if true is unimaginable. The loss of firms, careers and service to the public would be incalculable.”

Nationwide, the number of firms offering family law legal aid has been cut by almost half, from 2,400 to 1,300. The Legal Services Commission has insisted that the exercise “is about providing a better quality service to clients”. However the Law Society has warned that in parts of the country, thousands of people could struggle to get access to lawyers.

During the recent deluge of snow and ice, Grahame appeared on Calendar news to provide advice on the legalities surrounding clearing snow and ice on and around your property.

A Yorkshire law firm has passed a milestone by donating more than £1,000,000 of free legal advice. Leeds MPs and the Law Society have praised Grahame Stowe Bateson (GSB) for hosting free advice surgeries every Wednesday since opening its first office in 1981.

Led by Grahame Stowe, the firm now operates across seven locations in Leeds and Harrogate.

Mr Stowe’s wife, leading divorce lawyer Marilyn Stowe, has also been applauded for her pro-bono work. While working with GSB, Mrs Stowe unearthed crucial medical evidence which secured the release of Sally Clark, wrongly convicted of murdering her two sons. She runs her own firm, Stowe Family Law.

Mr Stowe said: “Pro-bono advice is a way law firms can really contribute and put something back into the communities they work in. It is far more effective than just handing over a cheque.

“I’m very proud that we have sustained this commitment for over a quarter of a century and am delighted with all the work the team has put in to achieve this milestone.”

Paul Marsh, president of the Law Society, said: “The value of GSB’s pro-bono work should be an inspiration for other law firms and businesses. It has shown a real commitment to providing access to justice, which is priceless to those who benefit from the advice provided.”

Leeds North West MP Greg Mulholland (Lib Dem) said: “I believe this is an essential and much needed service, particularly as legal aid funding is becoming ever more difficult to access.”

Fabian Hamilton, Labour MP for Leeds North East: “The public often believes that lawyers only care about the fees they are paid and not about the clients they represent. GSB is a firm that shows clearly why many lawyers went into their profession: to help vulnerable people who need legal advice gain equal access to the law, one of the essential elements of a real democracy.”

During November the practice waived £50,000 in fees as part of Will Aid, a national initiative where lawyers donate their services to support nine UK charities including the NSPCC, the British Red Cross and Help the Aged.

The firm’s expertise has also been recognised by Leeds University, which appointed GSB to provide pro-bono advice to its students. 

RARELY, it seems, does a week to go by without a member of the Government proclaiming they are winning the ‘war’ on crime – and flaunting the latest statistics to support their case. However, the statisticians have now begun to fight back. The country’s most senior data gatherer Sir Michael Scholar, head of the UK Statistics Authority, publicly scalded the Government for claiming data showed a 27 per cent fall in stab wound hospital admissions – for which Home Secretary Jacqui Smith has since apologised.

Grahame Stowe is senior partner at the law firm Grahame Stowe Bateson.   

Legal warning over redundancy pay-offs SENIOR employment lawyers in Leeds are warning of a potential ‘litigation time-bomb’ as bosses rush through redundancy deals with fast-track settlements.

Employers are said to be increasingly turning to compromise agreements to speed up the process of reducing staff numbers, which involve employees accepting a higher pay-off in return for waiving their right to sue for other grievances.

With a sharp increase in the number of such agreements being proposed, two of the region’s law firms – Grahame Stowe Bateson and hlwMcCombie Commercial Lawyers – are urging both sides to make sure every detail is carefully checked, or risk serious consequences in future.

Employment solicitor at Leeds-based Grahame Stowe Bateson, Arthur Bateson, says he has seen a significant increase in the number of people being offered compromise agreements in recent months.

Rights

“Employees need to remember when they sign one of these agreements they are surrendering a wide range of legal rights,” he warned.

“For example, if they are being bullied, harassed or discriminated against they would not be able to sue once they have signed.

He added: “While the bigger pay-off may be attractive, it’s important to measure this against the potential damages you may be entitled to under another claim. The offer may not be as generous as it first appears.”

Joan Pettingill, employment partner of hlwMcCombie Commercial Lawyers, which is also based in Leeds, has acted for a number of employers working through the redundancy process in recent months.

She said: “It’s imperative bosses are aware that the simple act of offering a compromise agreement can amount to unfair dismissal. Compromise agreements can be a useful tool, but they are also another complexity that can lead to expensive headaches if they are not handled properly.

Guidance

She continued: “With clear, concise guidance employers can strengthen their business for the future without delay or excessive legal costs. Redundancy needn’t be a minefield if companies take their time and keep all records up to date to avoid any potential litigation after a deal is signed.”

The grandson of anti-gun campaigner Pat Regan was ordered to be detained indefinitely at a secure mental hospital after he admitted killing her in a frenzied knife attack.Rakeen Regan, 21, loved his grandmother and she doted on him but he developed severe paranoid schizophrenia which made him delusional, Leeds Crown Court heard.

Mrs Regan even asked for him to be returned home with her after he was taken to hospital the night before he attacked her in her flat in Leeds.
He had been taken to an accident and emergency unit after exhibiting bizarre behaviour.

Today Regan denied murder but admitted manslaughter on the grounds of diminished responsibility and this plea was accepted by the prosecution.
He also admitted wounding a railway manager with intent.

Judge Peter Collier QC heard that Mrs Regan suffered a series of stab wounds to her head and neck when her grandson attacked her in her home in Marlborough Grange, Leeds, on June 1 last year.

She was found with part of a broken knife embedded in her eye.
The court heard that Regan’s mental health had deteriorated in the early part of the year.

In the days before the incident he had been arrested by police and after his release claimed officers had tried to rape him.

He also claimed aliens were trying to get him, and that “reptilians” were all over the place.

Jeremy Richardson QC, prosecuting, told the court that, as the defendant became more delusional, he claimed his grandmother was a paedophile.

He was taken to accident and emergency at St James Hospital, in Leeds, on the night before the attack.

Regan was assessed by a mental health nurse who weighed up whether to release him with medication or to detain him under the Mental Health Act.

But Mrs Regan asked for her grandson to come home with her.
Graham Hyland QC, defending, told the court: “It was Pat Regan’s wish for him to come home with medication. Tragically that wish, born out of her love and concern for the welfare of her grandson, cost Pat Regan her life the following morning.”

After sentencing, Judge Collier asked whether health professionals could learn lessons for the future from the way in which Regan was dealt with at the accident and emergency unit.

He stressed he was not seeking to criticise anyone’s decisions and said “hindsight is a wonderful thing”.

But he urged health trusts to examine situations where families ask for relatives suffering from mental illness not to be detained.

He added: “It’s important to understand that those involved who made the decisions at the time were acting entirely properly.”

Mrs Regan founded the Leeds branch of Mothers Against Violence, a voluntary organisation dedicated to offering support and education to those affected by violent crime.

Her motivation was the murder of her son Danny, who was gunned down on his doorstep in St Helens, Merseyside, in December 2002.

The judge heard the defendant was badly affected by this shooting.
He was told that this and a serious assault on him may have contributed to his mental health problems.

The judge also praised railway station manager David Clark, who was attacked by Regan at Leeds Station after he killed his grandmother.

The court heard Regan was found on the tracks at the station and he attacked Mr Clark, who was trying to stop him going back on to the rails.

Mr Hyland said: “He loved his grandmother and she loved him.

“It’s perfectly clear that were it not for the onset of this terrible illness these events would not have occurred.”

Speaking afterwards, Regan’s solicitor, Grahame Stowe, said: “This is a very tragic case for Rakeen’s family.”It shows the clear dangers that follow when a serious mental disorder goes untreated.” Mr Stowe said his client had the “full support” of his family. “They fully support Rakeen,” he said. “Essentially, it was not his fault.”

The court was told Regan would be detained at the Rampton special hospital, near Retford, in Nottinghamshire.

Why Jacqui Smith can’t ban prostitution Jacqui Smith cannot ban prostitution because there will always be a demand for sex by men who are prepared to pay for it. Equally there are women who are prepared to have sex and be paid for it. By Grahame Stowe
History teaches us down the centuries that will always be the case. Therefore I believe the relevant issue for society is how to protect both sexes from exploitation which can occur on both sides. Women may be forced into prostitution, men may desperately wish to have sexual relationships, but have no alternative but to do so with a prostitute. Under current law, pimping, brothel keeping, kerb crawling and soliciting sex are all illegal. Prostitution is not a criminal offence.It is this contradiction that means nearly every activity associated with it constitutes criminal activity and why the trade is predominant in dark streets and alleyways – without any protection for those involved. The latest idea from the Home Secretary is to make it illegal for anyone to pay for sex with a pimp-controlled prostitute.This seems to follow the Swedish model, introduced in 1999, when it became illegal to pay for sex, but not to offer sex for sale. This was backed up by harsh punishments for men seeking to pay for sex and long prison terms for pimps. Although it certainly drove prostitutes off the streets for a period of time, current opinion suggests they have returned, and prostitution thrives secretly in apartments and brothels, which are far less easy to police. Thus the women caught up in prostitution are still clearly at risk and those desperate men who risk their liberty and reputation to pay for sex are still prepared to take those risks.If the government is serious about dealing with the sex trade, it needs a far more radical approach. It needs to be focused on giving those trapped a way out of their lifestyle and not burdening the already overworked police forces in this country with more complicated offences they can never seriously expect to enforce.

I see no reason why Government is so keen to shy away from debate about reducing criminal sanctions for those involved and establishing a proper regulated industry, other than a weak attempt to win votes

It’s free and easy to avoid sad legacyFREE wills are being offered by a Leeds law firm as part of a national charity fund-raising drive.“Will Aid” operates through volunteer law firms who draw up wills, or alter existing ones, without charge.  People are asked to make a donation in return, or leave something to charity in the will which they have drawn up.Since its launch in 1988, Will Aid, has raised almost £7m in donations and much more in legacies.Monies raised are split between nine participating charties, including the British Red Cross, Help the Aged and the NSPCC.Will Aid will be in operation throughout November.Law firm Grahame Stowe Bateson, which has seven offices in Leeds and Harrogate, has supported the campaign for the last 10 years.Senior Partner Grahame Stowe said:  “Making a will is a relatively simple process and can save a great deal of anguish, yet an incredible number of people have nothing in place.“Will Aid is a terrific opportunity for members of the public to put their affairs in order and support nine very good causes at the same time.”

FOR many a homeowner the credit crunch makes this a worrying time – if like most people you have a mortgage. A series of catastrophes in the global financial markets has seen banks go under, be bought up in “quick fire” sales or nationalised. The looming recession and the spiraling cost of living has squeezed household budgets.

Mortgages are now difficult to come by and difficult to keep, with economic experts warning that the dire situation is likely to get worse over the coming months and years.

It is far from surprising then that the number of homes being repossessed in West Yorkshire has soared in recent months.

The latest figures, compiled by the Ministry of Justice, make ominous reading.

In Leeds mortgage possession actions have been launched against 858 properties already this year – that works out as 12 per cent more claims than last year. Elsewhere in the region, the rising repossession rate has been even more dramatic. Dewsbury saw 457 mortgage possession actions launched – a rise of 24 per cent, while Wakefield has seen actions launched against 259 properties – a rise of 28 per cent. The biggest hike has been in Bradford with 918, a 36 per cent jump.

Advice charity National Debtline said it has seen a 30 per cent increase in the past year in the number of worried callers who have fallen into arrears on their mortgage.

So Consumer watch has teamed up with a leading Leeds-based law firm to bring you a guide to avoiding repossession.

Grahame Stowe, senior partner at Grahame Stowe Bateson, said: “Householders who are struggling with their finances need to be aware that no matter how grave their situation, it may be possible to come to some agreement with their mortgage provider.

“The worst thing that someone can do is to sit back and pretend that it isn’t happening. Even after court proceedings have been issued, it may be possible to find a workable solution.”

Advice to vulnerable householders:

1. Make sure you can afford a mortgage from the outset. This piece of advice does not just apply to first time buyers. Many cheap fixed-rate deals are due to expire so homeowners looking to remortgage should consider their options very carefully.

The key points to consider are:

What you can afford – review your monthly outgoings alongside your and income and work out exactly what you can afford;

Will your salary increase year on year – be truthful, is this a definite?

Always assume the worst by working on the basis that interest rates will rise;

2. The terms and conditions of your house loan. If in doubt, seek advice from a solicitor or another industry professional. Take immediate action if you find yourself struggling. Don’t ignore the warning signs. If you are living month-to-month and finding it difficult to meet mortgage payments or you miss a payment, burying your head in the sand and hoping that the problem will go away will only make the situation worse. The best possible course of action is to contact your mortgage provider at the earliest opportunity. Explain your situation, and ask to discuss ways to work together to avoid any repossession proceedings. Before you call, make sure you have information about your budget to hand. Be realistic about what you can afford. It is rare for mortgage providers to recoup their investments when homes are repossessed, so it is in their interests to negotiate with you and come to some form of agreement.

This could be by way of:

A payment holiday – a temporary period during which the borrower does not have to pay anything towards the mortgage, or is permitted to make reduced payments,

Capitalising arrears – when arrears are added to the total mortgage debt. Please bear in mind, however, that this solution can raise the cost of your monthly instalments in the long run, changing to an interest-only mortgage – converting a repayment mortgage to an interest-only mortgage can reduce the size of monthly instalments.

“Whatever you do, do something,” warned Mr Stowe. “Never ignore demands by your mortgage provider for outstanding arrears. If they feel that you have ignored their letters or phone calls your mortgage provider will be less willing to seek an amicable agreement with you. Work with them NOT against them.” 3.  Check to see if you are entitled to state benefit assistance such as tax credits or child benefit.  It is estimate that people in the UK are missing out on benefits and tax credits worth £5million a year. 4.  Keep your wits about you; beware of companies offering to help you avoid repossession by buying your property and renting it back to you.  Very often the purchase price offered is below market value and the rent you will be charged will most likely be over and above the average rental price in your area. 5.   Consider selling your property yourself.  If you simply cannot afford your mortgage, in the long term, you should consider selling the property yourself while you are still living there to get a higher price. 6.  Know your rights.  If the situation deteriorates and the bailiffs arrive at your home remember that they do not have the right to force their way into your home, said Mr Stowe.  “They are not permitted to push past you if you answer the door to them, however, they are allowed to climb over your fences and gates and gain entry through the doors and windows that have been left open.  Note that the bailiffs may attempt to gain entry by attempting to walk past you, asking to use the telephone or inviting themselves inside.  “You do not have to let them in.  Once inside, a bailiff will attempt to find and seize any goods of value.”

What to do if you are facing repossession

If worst comes to worst and you face losing your home, the best thing to do would be to seek legal advice immediately as court proceedings are likely to have been issued against you.

When meeting your solicitor:

1.  Prepare a thorough breakdown of your budget and take it to your first meeting;

2. Take a copy of your mortgage agreement, and all correspondence with your mortgage provider. This will help your solicitor get to grips with the situation quickly and enable them to help you devise some realistic options.

The grandson accused of murdering anti-gun campaigner Pat Regan was remanded in custody today. Rakeim Regan, 20, appeared at court in Leeds charged with the murder of the 53-year-old, who was stabbed to death on Sunday. Dressed in a grey sweatshirt and blue track suit bottoms, Regan looked disorientated as he stood before magistrates mumbling and fidgeting. He spoke only to confirm his name and address during the five-minute hearing. Regan was remanded to June 11 when he will appear at Leeds Crown Court. He is also accused of wounding with intent following the stabbing of a railway worker at Leeds station on Sunday. Grahame Stowe, defending, made no application for bail. Following the news of Mrs Regan’s death, tributes poured in from friends, family, politicians and campaign groups. Mrs Regan had campaigned against guns and violent crime since her son, Danny, was shot dead in St Helens, Merseyside, in December 2002. She founded her own organisation, Mothers Against Violence, in Leeds and visited schools giving talks about the dangers and consequences of getting involved in crime and carrying weapons. The Home Secretary Jacqui Smith led the tributes from politicians, saying she was “shocked and saddened” about Mrs Regan’s death. “I had met Pat on several occasions and have been greatly impressed with her dedication to tackling gun crime,” she said. “Her death is a great loss.” Friends and family held a candle-lit vigil close to the scene of her death.