Highland pupil's road safety dispute

The Press and Journal reports that a Highland couple have kept their 10-year-old daughter off school for 18 months – for fear she might be knocked down and killed on a busy single-track road. 

Robert Brooks and his wife Shermaine from Skye claim it is not safe for Katie-Ann to walk three miles along the 60mph limit A855 Uig to Staffin road to Kilmuir Primary School because there is no pavement or street lighting.

They decided to keep her at home after Highland Council ruled in August 2009 that she no longer qualified for free transport because she lived less than three miles from the school, a distance children aged eight and over are expected to be able to walk.

Louise Melia, associate solicitor at the Glasgow-based Govan Law Centre, who has taken up the family’s case, said a legal precedent had already been set whereby walking distance rules could be overridden on the grounds of road safety. Ms Melia said councils have a “huge amount of discretion” and the authority could decide to provide free transport if it wanted.

A spokesman for Highland Council said the council had carried out a new risk assessment of the A855 and the results would be shared with Mr Brooks “very shortly”.

Final hurdle for Property Factors (Scotland) Bill next week

The Scottish Parliament will debate the Property Factors (Scotland) Bill at Stage 3 on the afternoon of Thursday, 3 March 2011. This is the final hurdle for the Bill. The Bill, drafted by Govan Law Centre's Parliamentary Unit for Glasgow MSP Patricia Ferguson, has now secured the backing of the Scottish Government, the Parliament's Local Government and Communities Committee, and also has wide public support across Scotland. However, the Bill now needs to secure the support of MSPs in the full Chamber next Thursday in order for it to become law.

A mortal blow to members' rights: proposed changes to Law Society of Scotland's constitution

The draft constitution which the Council of the Law Society of Scotland (LSS) will propose at its AGM next month will irretrievably damage the rights of the 10,500 members of the Law Society.  Today, GLC publishes an article by Glasgow solicitor, and LSS Council member, Walter Semple which explains how the proposed new constitution diminishes the rights of ordinary members, and exposes Scottish solicitors to the unnecessary financial risks of 'Tesco law firms', know as 'licensed legal service providers' (LPs) under the Legal Services (Scotland) Act 2010.

Glasgow Council member and GLC's Principal Solicitor, Mike Dailly said: "The Law Society is a members-based organisation, paid for by 10,500 members across Scotland, but a small elite want to severely restrict the ability of members to influence their own organisation. That's undemocratic and unnecessary.  The Society should be fully open, transparent and accountable to its members.  It isn't and the constitution proposed by the Council isn't fit for purpose".

"Walter Semple is correct to highlight the irreconcilable conflict in the Society both regulating 'Tesco law' businesses and supposedly promoting the interests of solicitors.  These bodies are not Scottish solicitors, yet the proposed constitution would see Scottish solicitors underwriting their financial risks. That is not in the interests of the Scottish legal profession, so why are we doing this?"

The proposed new constitution would require any members motion to influence the policy of the Society to require a 2/3rds majority, unless it had the support of Council.  Further, LPs would be covered by the Society's Guarantee Fund (a fund built up by a levy on partners and principals in Scottish legal firms) and the Society's Master Policy.

What can you do?  If you are a solicitor you can grant a proxy so that your vote can be cast against the proposed new constitution; OPEN PROXY FORM (this should be returned to the Registrar, David Cullen, of the Law Society of Scotland in Edinburgh. Or you can attend the AGM on 25 March 2010 and cast your own vote.

Protecting Scotland's vulnerable citizens: Access to Justice Committee Discussion Paper

The Law Society of Scotland's Access to Justice Committtee (AJC) has published a radical Discussion Paper (DP) suggesting that the Scottish Government's 8.2% legal aid cut could be achieved by tax efficient regulatory restructuring.  The DP also calls for the redeployment of PDSO resources to fund victim support and other unmet civil legal need services.

The Convenor of the Law Society's Access to Justice Committee, GLC's Mike Dailly, said: ' We believe the priority must be to protect Scotland's vulnerable and low income citizens from the worst consequences of unprecedented welfare benefit and public funding cuts. This cannot be done in the current economic climate without innovative regulatory and structural reform of our existing legal aid system".

The Acccess to Justice Committee's Discussion Paper can be read here.

GLC 2011 conference and seminar programme

Full details of Govan Law Centre's new seminar and conference programme will be announced shortly.  The first event is a national conference in Glasgow on 9 February 2011 entitled 'Disability Discrimination Claims in the Additional Support Needs Tribunals'.

From 18 March 2011, certain disability discrimination claims will be heard by the Additional Support Needs Tribunals, rather than the Sheriff Court. Govan Law Centre’s Education Law Unit are hosting a conference in Glasgow on this topic, with a line-up of prestigious speakers, including our keynote speaker, the Minister for Children and Young People, Adam Ingram MSP.

Other events include a seminar on 10 June 2011 on the operation of the Private Rented Housing Panel, with Ms Aileen Devanny, President of the PRHP in Scotland, an event on the Property Factors (Scotland) Bill, and many more to be announced - for further details please click here.

Faulty goods? Visit the OFT's new Sale of Goods Act 'hub'

The Office of Fair Trading has developed an comprehensive 'online hub', which brings together up-to-date practical guides and information on UK consumer rights in relation to the purchase of faulty goods.   Although aimed at UK retailers and their staff, the 'hub' provides provides helpful customer guides, and useful materials.  So if you've purchased faulty goods and want to know if you can get a replacement or your money back, this is the site for you.

Scottish Parliament Committee hear evidence of employers who “take advantage” of migrant workers

Govanhill Law Centre’s submission to the Scottish Parliament’s Inquiry into Migration and Trafficking has been cited in the Parliament’s final report.

The Inquiry, held by the Equal Opportunities Committee last year, heard evidence from a large number of stakeholders including migrants, local authorities, the voluntary sector, police, academics, journalists, MSPs and the Crown Office. The innovative partnership working approach of the Hub in Govanhill was recognised by the Committee as an example of good practice.

The Inquiry heard evidence on the nature and extent of migration to Scotland and described the lack of migration data, public perceptions about migration and the influence of the media as “key overarching issues“.　 The Committee recognised key challenges in “improving awareness among migrants about public services, and their rights and entitlements“, “employment including exploitative employment practices“, health, education, housing, policing and enforcement.

Govanhill Law Centre Solicitor Lorraine Barrie said “we are pleased that the Committee have recognised the significant barriers many migrants experience when living and working in Scotland in terms of receiving advice and information about their rights and practical barriers to reporting exploitative employers. 　 We are also pleased that the partnership working approach of the Hub in Govanhill, which we are part of, has been recognised as an example of good practice“.  The full story can be read on Govanhill Law Centre's website here.