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In Brief
  1. A Students Right to Know
  2. Conditional Fee System to Change
  3. Parents Can Take Photos at School Events
  4. Salary Sacrifice Benefits Being Missed

A Students Right to Know

There comes a time each year when the examination results of students are a topic of conversation in many households.

According to guidance issued to universities and colleges by the Information Commissioner, under the Freedom of Information Act students are entitled to information about their exam performance, including examiners’ comments. Universities and colleges should deal with information requests from students within 40 days. This period can however be extended where the results have yet to be published. Examination scripts themselves are exempt from disclosure under Schedule 7(9) of the Act.

For further guidance on the rights of students to information and the responsibilities of educational establishments to provide it, see www.informationcommissioner.gov.uk .

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Conditional Fee System to Change

Conditional Fee Agreements (CFAs), also referred to as ‘no win, no fee’, were introduced five years ago and represented a massive change to the way much litigation was conducted. Most personal injury litigation is now funded by ‘success fees’, which are recoverable from insurers if the case is successful, and ‘after the event’ insurance, whereby insurance cover is purchased that will pay the fees if the case is unsuccessful. Needless to say, there have been teething problems and the agreements themselves can be rather complex.

The Department for Constitutional Affairs therefore undertook a consultation exercise which has led to proposals to simplify the regulatory regime for CFAs. As a result, from 1 November 2005 CFAs will be dealt with under a new system for which the Law Society will issue new professional conduct requirements and a new, simplified model agreement. The intention is to help make CFAs a simpler product and in particular to help clients understand better the agreements they enter into and the risks they could face in contemplating litigation. Safeguards for clients will be enhanced as responsibility for proper advice rests with the solicitor. Both clients and solicitors should welcome the changes, which will make the process of using CFAs simpler for all concerned.

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Parents Can Take Photos at School Events

Guidance issued by the Information Commissioner’s Office confirms that it is not a breach of data protection legislation for parents to take photographs of their children and friends at events such as school sports days.

Some schools have in the past prevented parents from taking pictures because they feared that it was a breach of the Data Protection Act. However, the guidance makes it clear that only photographs taken for official purposes, such as identity passes, are covered by the legislation. Photographs taken purely for personal use are exempt from the Act.

The guidance ‘Taking Photographs in Schools’ is available on the website of the Information Commissioner’s office at www.informationcommissioner.gov.uk.

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Salary Sacrifice Benefits Being Missed

Less than five per cent of UK employers provide their employees with financial help towards the cost of child care. However, employers and employees who have, or are contemplating having, such arrangements should consider the potential benefits of making use of a salary sacrifice scheme.

In a salary sacrifice scheme, salary is ‘swapped’ for non-salary benefits. In general, the provision of a benefit is taxable and subject to national insurance contributions (NICs), but normally this is based on the cost of provision to the employer, not the open market value. This can be advantageous where the cost of supply is less than the market value.

In the case of child care, up to £50 per week can be taken in child care support, where the payment is in the form of the recently-introduced Childcare Vouchers or via a workplace nursery, free of tax and NICs for the employee. A basic-rate taxpayer would have to earn over £70 gross to provide £50 per week for child care.

There is more information on the operation of the Childcare Voucher scheme at www.worksmart.org.uk.

Salary sacrifice schemes can be beneficial in other cases too. Special rules apply for the provision of cars or vans for employees. There is no benefit in kind for the provision of mobile phones.

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