Terms of business

1. About Us

Access2Children (‘we’; ‘us’; ‘our’) is registered in England and Wales (registration no. 15452187). Our registered office and principal place of business is at 12 Gore Road, New Milton, England, BH25 6RX.

1.1. The term “partner” refers to a member of Access2Children. There is no relationship of partnership within the meaning of the Partnership Act 1890 between all or any of the individuals so designated.

1.2. Our opening hours are 08:00AM to 17:30PM (Mon – Fri)

2. Our Work for You

2.1 We offer legal advice and legal services to help you navigate family law and the children’s act 1989, in accordance with the legal frameworks of Scotland, England and Wales

2.2 We aim to offer all our clients a quality service at a fair cost, and we are confident that we will do so in your case. You will be told the name of the partner with overall responsibility for your matter and the name of any member or executive employed by the firm who will be involved. Everything you tell us about your affairs are confidential.

2.3 We shall keep you informed of developments in your case. An engagement letter dealing with how we will act for you, is enclosed.

2.4 If there is an aspect of our service with which you are unhappy, please raise it initially with the person with whom you have been dealing. If he/she is unable to resolve your concern, If this does not resolve the problem, then you may ask our Complaints Handling Officer, Tim Evans, to look at it. He can be contacted by email at help@access2children.org.

3. Our Fees

3.1 Unless otherwise specified in the engagement letter,our fees are calculated either on an hourly rate or on a fixed-fee basis, taking into account the activities undertaken, the seniority of the individual(s) involved, and the urgency and complexity of the work.

3.2 In certain cases, we may charge an administration fee for additional work carried out on your behalf, for example, arranging a telegraphic transfer or photocopying. Where an administration fee is likely to be incurred, you will be notified in advance.

3.3 Please be assured that the fixed fee we have established for your case will remain unchanged. We strive to maintain transparency and consistency in our pricing. Any updates to fees will only occur in the event of significant changes in the scope of your instructions.

3.4 Our fee is based on the assumption that all information and instructions provided will be clear, concise and timely, with all key information available and accessible.

4 Payments on account

4.1 Engagement upon an hourly rate basis will be due in advance before any work is carried out. We require an upfront payment of 50% of the total balance for all engagement on a fixed fee basis to confirm your instructions before we commence work on your case. Payments can be made using the methods outlined in the enclosed “Ways to Pay” leaflet. Additionally, as your case progresses or in the lead-up to hearings, we may request advance payments for any outstanding balances.

5 Responsibility for Fees

5.1 Unless otherwise agreed in writing, the client by whom we are supporting is responsible for payment of our fees.

5.2 Directors of a company which instructs us may be asked to be personally responsible for the payment of our bills, even if we know that the Company is in financial difficulties.

5.3 In the event of any fees not being paid, we reserve the right to decline to act any further in relation to any or all of your cases.

5.4 Disbursements, including barristers’ fees, court costs, and application fees, are not included in the fixed fee structure. You will be responsible for paying these costs directly.

6 Payment Terms

6.1 Our fees are only payable in £Sterling but you may ask us to review paying €Euros. If we agree, we will discuss arrangements with you to ensure fairness between us.

6.2 Payments cannot be made in cash or by credit card. All payments must be made via Our secure payment portal or bank transfer. To facilitate secure transactions, we will provide a secure payment link for your convenience. For more information on payment methods, please refer to the “Ways to Pay” leaflet provided.

6.3 Where we have to pay money to you, it will be paid directly into your bank account. It will not be paid in cash.

7 Commissions

7.1 We do not receive commissions if you have been referred. In the event we do this will be disclosed to you in advance of engaging us.

8 Ownership, Storage, and Destruction of Papers

8.1 Following the scope of work we have agreed to undertake, we will not retain any file(s) (both paper and electronic) related to your matter. Unless there is a continuation of service in which we will reserve the right to keep any files, following the conclusion of your instructions. Any paper files we may have generated will not be stored or preserved after the conclusion of your instructions.

8.2 Documents created for your benefit that you have been charged for belong to you. Documents that have been prepared for our benefit that you have not been charged for, belongs to Access2Children. Documents prepared by third parties on your behalf also belong to you. In cases of joint instruction documents will be jointly owned and original documents will not be released without the consent of all parties involved or an Order from the Court.

9 Communication by Email and Fax

9.1 As we do not retain any files after the conclusion of your matter, there will be no charges as all documents will be destroyed.

9.2 We will aim to communicate with you via your preferred method. Unless you notify us otherwise, we may communicate with you and others regarding your matter through email, phone call or video call. We implement appropriate technological measures to minimise the risk of communications being sent to incorrect recipients or containing incorrect attachments. We also take steps to securely transmit large or sensitive documents or data to clients. However, we cannot accept responsibility for the security of correspondence sent by email.

9.3 We are entitled to rely (without any inquiry) on any written instruction (including those received by email) that appears to be signed or sent on your behalf and that affects the matters described in these terms.

9.4 Our preference for communication is via email, for non-urgent matters we will respond within 24 hours. To maximise efficiency, we kindly ask that you limit communications to significant and important matters only.

9.5 For urgent inquiries outside of regular working hours, please refer to the contact information provided. You can reach us between 08:00 and 17:30. While we will do our best to answer calls after these hours, we cannot guarantee availability.

9.6 Importantly, there are no additional charges for any communication under our fixed fee agreement, allowing you to reach us whenever necessary without concern for extra fees.

10 Data Protection

10.1 At Access2Children, we prioritise and respect the privacy of all clients and are dedicated to handling your information responsibly.

11 Information We Process

11.1 As part of your engagement with us, you will be required to provide specific information about yourself or individuals associated with you. This may include, but is not limited to, your name, title, postal address, telephone number, and email address. Additionally, we will collect information relevant to your case and the circumstances surrounding it, along with contact details for any other parties involved. Details of the information required will be clearly explained by our team and outlined from the onset.

12 Third-Party Information

12.1 We may also obtain information about you from third parties, including but not limited to estate agents, accountants, banks, surveyors, medical professionals, courts, regulatory bodies, Cafcass, Social services and others pertinent to your matter. You may also choose to provide us with any additional information that you deem relevant as part of your instructions.

13 Limitation of Liability

13.1 While we strive to protect your information, Access2Children will not be liable for any unauthorised access to or use of your personal data that occurs despite our efforts to safeguard it. It is important to note that we cannot guarantee the absolute security of information transmitted over the internet or stored electronically.

13.2 Our liability to you in connection with the services provided under this agreement is limited to the total fees paid by you for those services. This cap on liability ensures your protection and provides clarity on the extent of our responsibility. We will not be liable for any indirect, incidental, or consequential damages arising from the provision of our services, including but not limited to loss of profits, business interruption, or loss of data. By engaging our services, you acknowledge and agree to this limitation of liability.

13.3 As part of these Terms of Business, you agree to indemnify and hold harmless Access 2 Children, including its partners, employees, and agents, from any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to your use of our services. This includes any claims arising from your actions or omissions while receiving support, as well as any violation of these Conditions or infringement of third-party rights. This indemnification obligation will survive the termination of the agreement.

13.4 Access 2 Children offers legal advice and a full range of non reserved legal activities specialising in family law and the children’s act 1989. We operate independently and are not affiliated with any firm of solicitors. 

14 Use of Information

14.1 Your information will be used for the purposes for which it was provided, including:

14.1.1 Providing information about our services.

14.1.2 Facilitating engagement with our expert team.

14.1.3 Complying with statutory obligations.

14.1.4 Addressing feedback, queries, or complaints.

14.1.5 Inviting your input on our services to enhance our operations.

14.1.6 Marketing and Communications

14.1.7 We may utilise collected information for:

14.1.8 Communicating relevant updates and events of interest.

14.1.9 Sending information regarding our services and relevant updates.

14.1.10 Inviting you to participate in events or hospitality opportunities.

15 Marketing

15.1 As a valued client, we may use your personal information to invite you to hospitality events or other select gatherings, as well as to send you information that we believe may be beneficial to you or your organisation. This use of your information aligns with our legitimate interests as a service provider.

16 Opting Out of Marketing Communications

16.1 At the time you provide your details to us (especially if you are a private individual, sole trader, or unincorporated partnership), you will have the opportunity to indicate whether you wish to receive direct marketing materials and communications.

16.2 If you prefer not to receive direct marketing materials or communications after providing your details or receiving any communication from us, please contact our Marketing team. Include “UNSUBSCRIBE” in the subject line of any email, and specify whether you wish to opt out of certain marketing purposes and/or preferred communication methods, such as email or phone. Your preferences will override any existing registrations you or your organisation may have with preference organisations (e.g., the Telephone Preference Service).

17 Updating Your Preferences

17.1 Should you wish to change your preferences regarding contact from us in the future, update your address, or correct any inaccurate or outdated information we hold about you, please notify us by:

• Emailing: help@access2children.co.uk

18 CCTV Surveillance

18.1 CCTV systems are installed at all our premises. We are responsible for the CCTV systems at our offices. All internal and external CCTV cameras are clearly labeled or otherwise notified to staff and visitors and are visible. Typically, they are positioned on the exterior of the building, the car park, and the reception area but may be repositioned from time to time to ensure their effective use. Images are recorded and retained for the period of time set out in our destruction dates policy. This is primarily to assist with the security and safety of our staff and visitors to our site, although in rare cases we may use CCTV footage in investigations.

18.2 Automated Processing/Profiling

18.3 We tailor our marketing and hospitality communications to the interests of particular clients and contacts to ensure we provide information and invitations of interest and relevance to them. We also use certain external checking systems to verify your identity and carry out anti-money laundering and ‘know your client’ checks.

18.4 Disclosure of Your Information

18.5 Some of the information you provide to us will be held on our computers in the UK and will only be accessed by or given to our staff (or staff of Access2Children related entities) working in the UK. Some of the information you provide to us may be transferred to, stored, and processed by third-party organisations which process data for us and on our behalf. These third parties may be based (or store or process information) in the UK or elsewhere, including outside of the EEA.

18.6 We may also transfer your information to other organisations or professionals with whom we are working on your matter or to whom we are referring you for additional or separate advice.

18.7 We may also be obliged to disclose data under certain laws or by order of court or other competent regulatory body or may be permitted to disclose it under applicable data protection laws.

18.8 If we merge with another business entity or divest a part of our business or carry out internal corporate restructuring, your information may be disclosed or transferred to our new business partners or owners or the new corporate entities.

18.9 We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these terms of business.

18.10 Protection of Your Information – We have in place administrative, technical, and physical measures internally designed to guard against and minimise the risk of loss, misuse, or unauthorised processing or disclosure of the personal information that we hold.

18.11 Where we transfer information to third parties to enable them to process it on our behalf, we ensure that the providers meet or exceed the relevant legal or regulatory requirements for transferring data to them and keeping it secure.

18.12 We will also ensure that where information is transferred to a country or international organisation outside of the UK/EEA, we will comply with the relevant legal rules governing such transfers.

18.13 We keep your personal information no longer than is necessary for the purpose for which it was collected.

18.14 Details on how we keep secure personal data received from clients about their tenants, employees, or similar individuals are set out in section 19 below.

19 Your Rights

19.1 You (or individuals employed or engaged by you) have certain rights in relation to your personal information, although those rights will not apply in all cases or to all information that we hold about you (or individuals employed or engaged by you). For example, we may need to continue to hold and process information to establish, exercise, or defend our legal rights. We will tell you if this is the case when you contact us.

19.2 You have the right to request that we:

19.3 Update your personal information where it is out-of-date or incorrect;

19.4 Delete personal information that we hold;

19.5 Restrict the way in which we process your information;

19.6 Consider any valid objections to our processing of your personal information

19.7 We will respond to your request (including providing information on whether the rights apply in the particular circumstances) within the applicable statutory time period. If we are not sure of your identity, we may require you to provide further information to confirm who you are. If you are requesting information about a third party, we will not be able to provide this to you unless we have received signed written consent from the individual about whom you are requesting information and we are satisfied that such consent is valid.

20 Changes

20.1 We may make changes to our processing of personal data from time to time as our business and internal practices and/or applicable laws change. We will not make any use of your personal information that is inconsistent with the original purpose(s) for which it was collected or obtained (if we intend to do so, we will notify you in advance wherever possible) or otherwise than is permitted by applicable law.

21 How to Contact Us

21.1 If you would like to get in touch to discuss how we use your personal information, to exercise your rights, or to provide feedback or make a complaint about our use of your information, please contact us as follows:

(help@access2children.org or 03332 249 728).

22 Third Party Rights

22.1 All work done and advice provided by us is for your use only as our client and should not be relied upon anyone else. Our duty of care is owed to you only, not to third parties, unless we have agreed otherwise in writing.

22.2 No person other than you, the client, may enforce the terms of any agreement between us by virtue of the Contracts (Rights of Third Parties) Act 1999.

23 Exclusions

23.1 Our Guidance is provided solely for the purpose of the transaction and only to you and may not, without our prior written consent, be used for any other purpose or disclosed to any person.

23.2 You will not refer to us or our guidance in any public document or communication without our prior written consent, which will not be unreasonably withheld.

23.3 Except in respect of any public document consisting of a letter issued by us, you will be solely responsible for any such public document or communication, and we do not and will not accept responsibility for or authorise the contents of, and shall not be represented as having accepted responsibility for or authorised the contents of, all or any part of any such document or communication for any purpose, including for the purpose of the Financial Services and Markets Act 2000.

23.4 By engaging in our services, you agree to indemnify and hold us harmless from any claims, liabilities, damages or expenses arising from or related to the services provided. Our liability for any claims arising from the services are capped at the total fees paid under this agreement. This cap ensuresthat we are not liable for more than what you have paid us for the services provided. This limitation of liability does not exclude or limit our liability for death or personal injury caused by our negligence nor for any other liability that cannot be legally excluded or limited under applicable law.

24 Money Laundering

24.1 Proof of Identity – For the protection of all our clients, we operate a money laundering reporting procedure. If there is a suspicion of money laundering, information will be given to the appropriate authorities, and we may not be at liberty to tell you that this has been done.

24.2 As part of our risk management procedures, which include compliance with anti-money laundering regulations, we conduct client due diligence. To do so, we may require satisfactory evidence of your or a beneficial owner’s identity. We may do this electronically and/or require you to provide documentary evidence. The following applies:

24.3 Where electronic checking is undertaken, verification checks will be made against a number of databases, including those of a Credit Reference Agency (“CRA”). The CRA may also check the details you supply against particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. This check is not a credit search and will not affect your credit rating, but the fact that a search was made and the reason for it will be recorded and will appear on the relevant database. All information provided by you will be treated securely and strictly in accordance with section 14.

24.4 Where we require you to provide documentary evidence, you will need to produce photographic identity (e.g., in the form of a driving licence or passport) together with document(s) verifying your address.

24.5 Directors and officers of any company and partners in any firm instructing us may also be asked to produce evidence of identity.

24.6 Where you do not attend at our offices in person, then, subject to compliance a copy of identification documents certified as accurate by a solicitor, accountant, bank, or post office may be accepted as satisfactory evidence of identity.

24.7 Conducting client due diligence may take time and delay us in progressing your matter. We accept no liability arising as a result of delays caused by us or third parties.

24.8 If we do not obtain satisfactory evidence of identity, we may not be able to proceed with your work.

24.9. Disclosure – Money laundering and terrorist financing in certain circumstances requires us to disclose information to the National Crime Agency. Where we suspect that a transaction on behalf of a client involves money laundering, we may be required to make a money laundering disclosure. If, while we are acting for you, it becomes necessary to make a money laundering disclosure, we may not be able to inform you that a disclosure has been made or the reasons for it.

25 Conflicts of Interest

25 .1 We take conflict issues seriously. We have procedures in place to ensure that conflict checks are carried out on every matter as soon as practicable so that, if an issue arises, it can be discussed with you and dealt with as soon as possible.

25.2 Our conflict procedures help us fulfill our obligation not to act for one client in a matter where there is an actual (or significant) risk of a conflict with the interests of another client for whom we are already acting.

25.3 If at any time you become aware of an actual or potential conflict of interest, please raise it with us immediately.

25 .4 Subject to our duties, we will always seek to resolve any conflict issues in the most advantageous way to the clients concerned.

25 .5 Where our rules allow, you agree that after termination of our agreement, we may act or continue to act for another client in circumstances where we hold information that is confidential to you and material to the engagement with that other client. We will not, however, disclose your confidential information to that other client.

26 Confidentiality and Use of Information

26.1 We will keep confidential within the Group any information which we acquire about your business and affairs unless we are required to disclose any such information:

• By law

26 .2 If you engage, or authorise someone else to support on your behalf without notifying us, we reserve the right to terminate our services. Furthermore if you or we engage other professionals to assist with a matter, we will assume, unless you inform us otherwise, that we may disclose relevant information to those others as necessary.

26 .3 We are not obliged to disclose any material document deemed confidential to a third party unless required to do so by law.

26 .4 We may also outsource administrative and support services work to assist with your matter, as well as using third-party IT platforms (including cloud-based platforms) and suppliers of other specialist products. In these circumstances, we will obtain a confidentiality agreement where appropriate with the third party, along with complying with all necessary data protection legislation where any personal data is processed by a third party on our behalf.

27 Equality and Diversity

27 .1 We are committed to promoting equality and diversity in all of our dealings with clients, third parties, and employees. Please contact us if you would like a copy of our Equality and Diversity policy.

28 Termination

28 .1 You may terminate your instructions at any time for any reason. No notice period is necessary. Please inform the supervising Partner of your intention and, if requested, confirm the fact in writing.

28 .2 By continuing to provide instructions, you acknowledge and agree to abide by these Terms & Conditions. As a client, you are responsible for providing accurate information, adhering to deadlines, and cooperating with our team throughout the duration of the service. You are also expected to conduct yourself in a reasonable manner, which includes refraining from any threats or acts of intimidation and responding to our communications in a timely manner. We may terminate our agreement to provide services to you in writing, for good reason and without notice. Good reason includes failure to provide proper instructions, situations where continuing our services would be impractical, unethical, or unlawful, failure to comply with a request to pay money on account, failure to pay our invoices (including any interim invoices) in accordance with these terms, or a breakdown in the trust and confidence necessary in the relationship between Access2Children and the client.

28 .3 If you or we decide that we should stop supporting you, you will remain liable to pay all fees incurred before termination in accordance with these terms of business and the letter of engagement. We will be entitled to keep your papers and documents while fees remain unpaid.

29 Notice

29 .1 For fixed fee work no refunds will be provided. Due to our limited capacity, accepting your instruction requires prioritising support for your case over others. If a case is booked and later terminated, refunds will not be issued please note If we do not receive a response from you regarding a matter within 28 days, We reserve the right to terminate the agreement.

29.2 The fee for in-person meetings at a mutually agreed location will be discussed in advance and is set at £350 per hour. Given our ability to conduct meetings remotely, in-person sessions will only be arranged in exceptional circumstances and will require prior approval from you. Please feel free to request this if necessary.

30 General

30.1 We work hard to provide good quality and efficient service. We are proud of the work we do which is to a high standard. In the event of a dispute, we are committed to resolving it fairly and promptly. If you have any concerns or disagreements, please follow our dispute resolution or escalation process. Complaints must be submitted in writing to complaints@access2children.org, allowing us to respond within 28 days. It is the client’s responsibility to raise concerns in a timely manner; any issues not raised at that moment will be deemed as the client being satisfied with the service, and therefore issues raised at a later stage may not be upheld. By continuing to provide instructions you acknowledge and agree to abide by these Terms & Conditions and confirm that you are happy to proceed with a clear understanding of the terms.

30.2 We will not be liable for any loss, damage, or delay arising out of the firm’s compliance requirement.

30.3 Access 2 Children provides legal advice and a full range of non reserved legal activities specialising in family law and the children’s act 1989 to individuals seeking to secure parenting rights and maintain meaningful relationships with their children following family break-ups. We are committed to supporting you as you navigate the family court system. You are responsible for providing accurate information, adhering to deadlines and cooperating with our team throughout the duration of our service. Please note that failure to fulfil these responsibilities may impact the progress of your case.

30.4 We may vary these terms of business from time to time by giving you reasonable written notice.

30.5 By instructing us, you agree to the Heads of Terms.