text:
Carole is available for workshops and presentations.

Contact Carole if you would like to book her for a visit to your school.

Carole is available for workshops and presentations.

Contact Carole if you would like to book her for a visit to your school.

Behind the Scenes of the Ish Trilogy

Where did the ideas for the stories come from?

Dog Gone started off as a short story. It centred around a boy’s encounter with something terrifying in a graveyard. That was some years ago when I was guiding a group of primary school students through a holiday writing workshop. I set them the task of writing a story and decided I should write one, too!

However, by the time I got to the end of the short story, it was as if the characters were jumping up and down and demanding that I keep going. So I did! The original title of that first book was going to be Thunderstruck!

Then it happened again. At the end of the first novel, Dog Gone, the characters had more adventures lined up and wouldn’t let me stop writing. So In the Dark came into being!

Now, I can guess what you’re thinking! And, yes, you’re right. Since I’ve finished writing In the Dark, Ish and Molly and the gang have been badgering me to write the final book in the trilogy. It’s still a work in progress. Watch this space for updates!

Where are the books set?

Mt Selview, a fictitious place up on the Murray River, is the setting for both books. However, in my mind, when I think of the setting, I think of Corowa, where I spent many school holidays with my grandmother when I was a child and teenager. Some of Gran’s traits in Dog Gone and In the Dark are based on my grandmothers’. If you’ve read the books, you’ll understand when I tell you that the incident concerning Gran’s knickers actually happened in real life to my grandmother.

In the Dark has two settings. As things heat up in the second half of the book, the action moves to Sydney. I had lots of fun doing the research for this part of the story, riding on Sydney’s famous ferries and searching for places to set Ish’s adventures. I had the best fun going to Luna Park and checking out all the rides and sideshows. But most exciting was climbing way up on top of the Sydney Harbour bridge! Wowee! What a view!

As for the third book, you’ll just have to wait and see. I think you’ll be in for a surprise!

Why does the Murray River feature in all of the books?

I love the Murray. As a child, when I stayed with my grandmother, I would often go down to the river – yes, I’d cut through the cemetery – to go fishing or just to sit on a log and dangle my legs in the water. My cousin, David, and I would catch redfin and take them home to Grandma who would cook them up for our breakfast.

When I was a young music teacher I lived in Echuca, which is also on the Murray. I’d love nothing better than to go down to the river there, too, on the weekends or after school. I’d kayak in those peaceful silky waters listening to the gentle plash of paddles and the calls of birds in trees along the banks. It was a wonderful meditative pastime.

So as you can see, although Ish’s stories are definitely works of fiction, there are many aspects of the writing that are based on real events and real places.

How To Become A Good Writer

Read. Read. Read.

How To Become A Good Writer

Read. Read. Read.

Before you can become a writer you must be a reader. There is nothing that will help your writing more than reading. Ask any successful writer and they will tell you, the more you read, the more you will learn about writing without even realising it. For a start, your vocabulary will expand, and not only will you find that you know a whole lot of interesting words, you’ll also know how to use them.

Books – fiction as well as nonfiction – can teach you all sorts of interesting facts that you can store away in your head and use in your own writing. But more than learning facts, reading good books can be like doing a writing apprenticeship; you expose yourself to how skilled writers use language and they become your teachers. Imagine having JK Rowling, Roald Dahl or Morris Gleitzman (or me!) as your teachers. And the best part is that the lessons are never boring; all you are thinking about is the story and the characters. It’s subliminal learning!

So, read books and more books. Be a regular visitor to the school library. Join the local library and ask for books for birthdays and Christmas. Swap books with your friends.

And Poetry

Make sure you read poetry. There is so much you can learn about writing by reading poetry. And there are some great verse novels around. These are novels where the story is told in a series of poems. Some people think poetry is boring. But they are the ones who often don’t understand about poetry and don’t give it a fair go. There are plenty of verse novels I have read and haven’t been able to put down because the stories have been so interesting and engaging. Your librarian will help you to find verse novels you might be interested in. For a start, look for these authors: Steven Herrick, Sally Murphy, Lorraine Marwood, Catherine Bateson, me.

AND Comics

Read fiction, non-fiction, magazines (ask your librarian to suggest some), comics (Yes – comics!) and the newspaper – sometimes the local one is easier to understand if you are very young.

And most of all – enjoy the stories. Then, hey presto, your writing will begin to knock your readers off their feet!

Questions About Carole

Where were you born?

London, England. I came to Australia with my parents on a ship called the Fairsea when I was three. We were called Ten-pound-Poms! It was the way most people emigrated to Australia in those days. The journey took six weeks. I remember seeing fish jump up out of the ocean. Amazing! (Both that I can remember something from when I was so young and that fish can jump!)

When were you born?

Not telling. Oh, okay – I’ll give you a clue. When I was a teenager I wore psychedelic clothes, a peace sign and platform shoes.

Do you have brothers and sisters?

No! I’m an only child. I’ve often wondered whether a brother or sister would look like me. I would have loved a sibling.

Do you have any pets?

I have a dog called Milly and a cat called Fyodor. We used to have chooks – whose names were: Hilda, Nancy, Miranda, Ruby, Fizzy and Silky. And Teddy, the rabbit!

Where do you get all your ideas for stories?

Usually from things I observe in real life. For instance, I use snippets of conversations I’ve overheard in places like on the train or in the school yard, then cut out the boring bits and exaggerate the rest. I always carry a little notebook in my bag to jot down ideas, so I don’t forget them.

What is one of the things you try to achieve when you’re writing for kids?

Coming up with a story they can’t put down. And helping anyone who reads my books feel good about themselves because they’ve been encouraged by my book characters to be brave and courageous and resilient when life gets tough.

What do you love doing the most?

I love writing. When I don’t make time to write I get really cranky. So, I try to write something – even if it’s a few sentences in my journal – every day.

And I love laughing. There are certain friends I enjoy meeting up with because I know we will end up having a good laugh about something. One thing that is annoying, though, is that when I laugh a lot, I end up crying and my glasses get fogged up!

When I was young, I loved to climb trees. My favourite was the peppercorn tree at my Grandmother’s house. Sound familiar?

Do you have a secret you’ve never told anyone about?

Yes … But I’m not telling!

Oh, alright, but you have to promise not to tell anyone else. Okay? Sometimes, when no-one else is at home – except the dog and the cat – I put on some music and dance in front of the mirror. It’s quite a hysterical sight because I’m a very bad dancer.

What did you do before you became an author?

I was a primary school performing arts teacher. When I lived in Echuca, my favourite job was being a shared music teacher, where I would visit lots of small primary schools – with my car stacked up with instruments for the kids to play. I loved it when they would run out to the school gate to greet me.

What instruments do you play?

I play the guitar, recorder and the drums. I was the drummer in a band once when I lived in the country. It was heaps of fun. We even won a talent quest and had our song played on the radio. And for a while I used to play my guitar and sing at restaurants and weddings and places like that.

Who is your favourite singer?

Joan Armatrading. Here’s one of my favourite songs: Willow.

Who is your favourite children’s or YA author?

I have quite a few. I love the writing of Ursula Dubosarsky, especially her book, The Red Shoe. Anything by Morris Gleitzman, Steven Herrick (who writes verse novels), Catherine Bateson (who has also written some verse novels), Glenda Millard, Michael Gerard Bauer, Sonya Hartnett, Phillip Gwynne …Now you’ve got me started!

Do you like people writing to you?

Definitely! If you have another question you’d like to ask or if you want to tell me what you thought about Dog Gone or In the Dark I’d love to hear from you. Go to the Contact page and write your message there.


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Car rentals in Cave Junction: All you need to know

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Human Rights and Adult Social and Health Care

Human rights principles accord with an admittedly old-fashioned public sector ethic about ‘making a difference’ to the area in which the authority has been elected to govern (Local Government), or required to administer on behalf of central government (Health bodies). This is because the Human Rights tradition aims to balance the rights of individuals, with the rights of others.

The UK’s Human Rights Act 1998 has the potential for enforcing a radical culture change, in terms of both the number of claims made to local authorities, and also the level of accountability of Members and officers. The driving force behind this change is the introduction of cash sums for unjustified interferences with people’s human rights, and the potential for convenient local adjudication of claims about human rights, in any type of court or tribunal.

Organisations in the public sector with sensitive, significant and interventionist functions are finding already that it is very easy to be accused of a human rights breach by contractors, partners and clients alike. There are rational and commercial reasons for solicitors, businesses and members of the public to make such accusations.

For health bodies and local authorities, it is inevitable that as the act beds down, the numbers of complaints received will increase, and there may be a change in the source of those complaints towards lawyers and individuals, rather than lobbying organisations.

By way of introduction it is important to grasp that human rights law is not new in this country because the UK has been a signatory to the European Convention for decades, and has allowed individuals to bring human rights claims against the UK in the Strasbourg courts. Also, the judges have long been willing to consider European and for that matter international human rights law when they have been faced with ambiguous UK statutes which could mean one of two or more things – they do this because of the legal presumption that the government would not inadvertently pass legislation which would put us in breach of our international obligations, so in cases of doubt, they are more likely to construe vague bits of legislation consistently, rather than inconsistently with human rights law.

It is also worth noting that human rights law has already found a way of seeping into our system through the side door of European Community law – the court in Luxembourg has often emphasised that European human rights principles are implicitly at the heart of European Union legislation. Since EU law is binding on this country under the European Communities Act, any case in which EU remit overlaps with both human rights and UK law, will have be decided in accordance with human rights principles.

In 1998 the Human Rights Act was made into UK law but not brought into force until October 2, 2000. Its aim was to ‘bring rights home’ by ‘incorporating’ the ECHR into domestic law, so that people here could see human rights embedded into the very fabric of UK society, and as binding not just upon the State, but on every public authority as defined in the Act.

It should be noted however that the Act stopped a long way short of incorporation. It made ECtHR principles nearly all-pervasive, but allowed for the unambiguous intention of Parliament (in the form of clear statutory words) to override human rights in the name of “sovereignty” (an important constitutional concept, beloved of politicians, meaning that Parliament and statutes are at the top of the hierarchy of power and law-making in the UK). This means that public authorities are sometimes (although rarely) obliged or permitted to act in breach of human rights, yet will not be liable in damages.

The Act brought in two new innovations which will inevitably fuel the trend towards litigation:

Cash sums by way of compensation through the courts, for breaches of human rights

Convenient local adjudication to resolve such issues, rather than use of the European Court in Strasbourg

These factors mean that rational and well-informed solicitors will have a new incentive to offer health and social care law as an area of expertise, offering “no win, no fee” deals to a new client market and increasing the pressure for compromises and pay-outs short of the court door. It is not ‘prudent risk management’ to let it be thought that an authority will usually prefer to settle a claim rather than risk being sued. Small to medium pay-outs are likely to be made out of the departmental budget, not the authority’s insurance cover, because of the insurance excesses which will have been agreed.

Uninformed fearfulness and doubts about the implications of the act for practice are a serious managerial problem because:

Everything done by a public authority is (THEORETICALLY) challengeable if it conflicts with one of the Convention rights listed in the legislation – health and social services functions will regularly engage articles 2, 3, 5, possibly 6, 8, 9, 10, and 14, and article 1 of the First Protocol.

There is very little UK case law clarifying the benchmark which will be applied by the courts

All (local) authorities must by statute have a Monitoring Officer whose statutory duties to report on potential breaches of the law or maladministration to members. This duty will be triggered by coherent allegations of a breach of human rights

Members’ and Boards’ political concerns virtually invite exploitation of a collective ‘guilty’ conscience and increase the pressure for compromise, rather than clarification through the courts

Front-line staff’s professional ethics may be based on a higher standard of conduct than the law in fact requires, so staff will naturally be nervous about the effect on patients and clients of the authority’s inevitable constraints. Defensive practice can do more harm than good.

One approach to these factors is to remember that it is remarkably HARD in real life to act incompatibly with the Human Rights which have been acknowledged in the Act. There are at least 4 facts which make this seemingly outrageous statement easier to accept:

  1. There is only a short finite list of ‘rights’ actually listed in the Act.The rights whichare included are traditional, libertarian, ‘classic’ human rights, not ‘trendy’ socio-economic ones – for example, in the Act, there is :

No right to work

No automatic right to free legal advice

No absolute ban on discrimination

No absolute right against self-incrimination

No human right to freedom of information

No absolute right to health care or social services, not even based on a diagnosis of need

  1. Crystal clear UK statutory language whichisincompatible with Convention Rights, in effect, ‘trumps’ Human Rights – public authorities have a defence to a claim for damages if the wording of a statute or regulations compels their actions or decisions. This may be relevant to things done under the social care Charging Framework for instance, or the Mental Health legislation.

  1. Next, the real value of the rights whichareincluded is very hard to pin down, given the ambiguity of their wording – for example:

The art 3 right not to be subjected to inhuman or degrading treatment all depends on what those words mean, (it is a judge who will decide) and that may well depend on the context or situation in which the complaint has arisen, and opinion as to therapeutic necessity may justify quite surprising levels of intervention;

Even the art 6 right to a fair hearing depends on what is regarded as ‘fair’, in context – so for example, the pressure to self-incriminate, when one gets a speed camera notice from the police, asking whether one was the driver on the day, on pain of prosecution for failure to co-operate if one does not reply, is not, in the context of the importance of road traffic regulation – considered by the courts to be unfair;

Further, the right to life (art 2) was not breached when the Siamese twins were separated, even though it was absolutely certain it would kill the weaker of the two.

The right to change one’s religion, and manifest one’s belief (art 9) was not breached when a man was refused time off by his employer to pray….his ultimate human right, having signed up for the 9am-5pm job, according to the Court, was to resign…

  1. Lastly, even the human rights whichhavebeen included in the list, tend to have further express exceptions or restrictions built into them, and some have public interest exceptions which are very broad indeed – for example:

The economic well-being of the country (and some even say of the area)

The rights and freedoms of other people

National security

The prevention of crime and disorder

The protection of public order, health or even ‘morals’

This is why article 8, the right to respect for private and family life, which will most often be the one in play in health and social care contexts, will be very hard to breach. For example, it is not inconceivable that individual ‘rationing’ decisions, which lead to the denial of potentially life-saving treatment on the grounds that the chances of success are not thought to be very high, could be found to be justified and proportionate. Although the decision could be said to lack ‘respect for private life’ and even ‘the right to life’, it would have been taken on the basis of a proper clinical decision (hopefully, and not just a blanket policy such as ‘no transplants for the over 75s’) and would have taken into account the economic well-being of the country, and the rights of other people.

It is not exaggerating, we think, to say that the restrictions to the Convention rights could well have been written specifically to address the very conflicts between the individual and the broader community, which regularly face local government (and the NHS when trying to meet everybody’s needs).

What are the main differences it will bring about to the culture of health and social care provision?

Discretionary decisions, including omissions to act, (ie all policy making, practices, procedures, actions, individual decisions) will become potentially challengeable for a breach of human rights.

Secondly, a new test for judicial scrutiny has been introduced, called ‘proportionality’, for the determination of human rights issues. This test is formless enough to enable the judges, if they should want to, to impose higher standards of reasoning and balance on administrators than is presently the tradition in the field of judicial review.

Whereas the old test of “unreasonableness” required judges to hold off, unless a public body has done something outrageous (or otherwise unlawful or unfair), the new test at the very least requires public officials to go further in establishing that they had good reasons for their decisions and that they took human rights into consideration at the time.

This new test is bound to give judges a taste for closer supervision of administrators in all but the most sensitive, specialist fields of decision-making, and means that record keeping and documentation of factors considered by Members and Managers must be improved.

It is not inconceivable that the new test might lead a judge to scrutinise the accounting records of an authority to see if it really is necessary in a democratic society, for the economic well being of the country, to close particular facilities where residents had been led to understand they could live for their whole lifetimes….

Thirdly, the European analysis of some of the Convention rights has long been that acting compatibly does not merely mean refraining from unnecessary interference in people’s lives – some of the rights and freedoms necessarily require positive action on the part of the State to further or to protect people’s enjoyment of those rights. This will mean that authorities will be open to claims for deciding not to do something (eg for reasons exclusively related to budget management) when that leaves someone disproportionately unsupported or unprotected. The annual budget settlement between departments will not be able to be regarded any longer as determinative of an authority’s lawful discharge of its functions.

What are the areas of likely impact of the Human Rights Act for health and social care agencies and the services they provide?

We expect article 3 (inhuman treatment) and article 8 (respect for home, privacy and family life) claims to be aimed at standards, regimes and conditions in hospitals, homes and packages of services, on the basis that tagging, shared rooms, mixed wards, consultants’ rounds, routine use of restraints such as bed-guards, use of complicated locks etc., could arguably amount to a breach of the right to respect for personal autonomy, or amount to inhuman or degrading treatment.

On the other hand, we recognise that the European Court has allowed a surprisingly generous margin of appreciation to psychiatric professionals to conduct so-called ‘therapeutic’ regimes, and clinicians have also long had the respect of the courts in the UK as well.

Joining these claims up with article 14 (discrimination) may lead to litigation about policy differences on the basis of age – many authorities treat the over 65s as for some reason entitled to a lower quality of life, through tighter criteria or lower cost ceilings for domiciliary packages. This is unlikely to be an attractive justification for differential treatment when put before a 66 year old judge! The NSF for Older People also clearly outlaws age-based cut-offs for services or different treatment.

Home closures and externalisation of services are bound to raise article 8 claims, in the light of the Coughlan and Perry casesperhaps increasing the meaningfulness of the content of the consultation duty and focusing everyone’s minds on risk assessment regarding a move.

The issue of whether the commercial dealings by a local authority with a provider of residential care were “private” in nature under the HRA 1998 was discussed in Heather v Leonard Cheshire Foundation Here the Court of Appeal upheld the High Court’s decision that Leonard Cheshire was not a public authority and was not exercising functions of a public nature within the meaning of s6 HRA merely by virtue of its contractual arrangements with the local authority through which the local authority discharged its duties under s21 NAA.  Whilst the degree of public funding to the activities of an otherwise private body was relevant to the nature of the functions performed, it was not by itself determinative of whether functions were public or private.  A similar issue was re-visited in Haggerty v St Helens Council which considered whether the decisions taken by a private contractor providing services to a local authority were amenable to judicial review and what were the extent of a local authority’s obligations under Article 8 ECHR.   The local authority had refused to enter a more costly and onerous contract with a provider of residential accommodation.  The provider decided to close down its home and its residents applied for judicial review of this decision.  Had the judge not been bound by the Court of Appeal decision in Leonard Cheshire, which ruled out any possibility of the private provider being characterised as a public authority under s6(3) of the HRA 1998 so as to be liable under s6(1) of the HRA, there would have been no break in the chain of causation and the failure of the provider to consider the human rights consequences for the residents would have made it liable.  On the Article 8 issue the claimants might have thought they had a strong argument that the right to a home also applied to living quarters in a residential home (see the Coughlan case).  In Coughlan, the defendant Health Authority had promised the claimant that she would have a home for life and then, in breach of this undertaking, it voted to close down the home.  In Haggerty however, the court held that a public authority had a margin of discretion to make decisions based on the scarcity of its resources and was not in breach of its Article 8 obligations by deciding not to renew its contract with the provider.  This perhaps shows how the courts have adopted a more pragmatic approach to the interpretation of the human rights legislation since its inception.

In Johnson & Others v Havering LBC  the claimants, in trying to prevent the transfer of local authority care homes to the independent sector, attempted to show that Leonard Cheshire was no longer good law.  Residents of the home argued that Havering was prevented from transferring because that would entail a loss of their rights under the HRA 1998.  The government, as intervener, argued that changes in regulations meant that independent care sector homes should be viewed as public authorities due to the degree of state control over their activities.  The court rejected this argument and held that Leonard Cheshire remained good law and it was bound to follow the decision.  It remains the case that an independent care home provider that accommodates vulnerable individuals under arrangements made with local authorities is not bound by the HRA 1998.  The government has recently published guidance to public authority contractors to cover the protection of human rights for service users.  It is available at

However, there has been an interesting restriction placed  recently by the High Court on the use of Article 8 in the transfer of day care services.  The decision by a local authority to close a day care service for financial reasons and transfer its users to another day care service nearby, did not contain a sufficient element of particular home life to engage Article 8.  Even if Article 8 had been engaged in such a transfer, interference could have been be justified as required for the economic well-being of the local authority and those in need of services.  See Bishop v Bromley   In J & Others v Southend Borough Council, a challenge by service users to close a day centre for adults with learning disabilities,  the court held that although the users’ Article 8 rights were engaged, there would be limited interference of them where reasonable steps were taken to minimise the impact, such as maintaining personal and social links.  The decision echoed the traditional reluctance of the courts to interfere with the decisions of public authorities about how they choose to apportion their limited resources. Provided an authority has recognised the need to take reasonable steps, in the light of limited resources, to minimise the impact of a reconfiguration, the courts will be slow to interfere on human rights grounds.

The ‘best interests’ power established in Marston in 1997 in relation to people placed under guardianship under the Mental Health Act, may have to be limited to those areas in which it is established that those persons lack mental capacity – otherwise it will be necessary to argue that there is justification for interfering with someone’s personal autonomy able to be found in one of the qualifications to the right which are listed in article 8.

Article 5 (liberty) has already been significant in the mental health field, with regard to the Nearest Relative’s role and rights to information, and delay and the reverse burden of proof in Tribunal hearings. But it has not managed to bring about change with regard to delay in the provision of aftercare, because the consultants nationwide who might take on the aftercare role cannot be forced to undertake responsibility for someone they think should not be out in the community.

The shutting up of someone’s home and their subsequent detention on public health risk grounds, under s47 National Assistance Act 1948, will also raise issues, not so much as to the legitimacy of the removal, but to the proportionality of the detention, and the unjustified 6 week period which must elapse before a legal challenge is permitted. 6 weeks is sometimes enough to kill such persons, given their mental state when removed from familiar, albeit insanitary surroundings.

Article 6 (fairness in decision-making) will be of central significance if the decision as to whether a client needs a health or social care service amounts to ‘a determination of a civil right’. Whilst this seems unlikely at first, a look at the European jurisprudence shows that social security benefits, triggered by an assessment against statutory criteria, can amount to civil rights (eg. Salesi, 1993). It seems to us that one of the implications of centralised imposition of a standard approach to eligibility criteria, (such as Fair Access to Care Services), and professional assessment scales (for eg. registered nurse nursing, or dependency etc.), via central government guidance which is required to be followed under statute, comes very close to making the criteria into a statutory concept. Whether or not this makes the ‘first time’ determination of a “need” for a service into a civil right, it needs to be borne in mind that the courts have held that there is a duty regardless of available resources, to maintain an existing care plan, pending lawful reassessment. If this makes the re-assessment process into a civil right, overhauling procedures so as to increase the procedural fairness inherent in the single assessment process will be the best plan for minimising article 6 challenges.

Finally the Z v UK child protection case has already shown that whilst the current UK immunity from legal actions in negligence for the poor performance of statutory duties may not be a breach of article 6, very poor discharge of protection functions can amount to breach of the positive duty inherent in article 3 – to protect people from inhuman or degrading treatment.

The damages in that case alone were on average 3 times as much as the government submitted needed to be paid to reflect the harm suffered.

What is the likely impact of the Act in the short term future?

We have already seen the government’s concern at rooting out ageism in the NHS and social care, via the edict in the NHSF for older people against age related policies. In practice, this means that cost-capping for the over 65s, by reference to the equivalent cost of residential care, would be likely to be unlawful, as a breach of article 8: respect for home and private and family life – and also in UK law, because the policy rests upon blanket assumptions as to the appropriateness for an incredibly large section of the public of residential care. We think that such an assumption can’t possibly be justified as ‘necessary’ in a democratic society!

We anticipate that it may soon be declared incompatible with article 6 that a local authority can decide in-house, subject only to judicial review, which would never want to look at the facts in any detail, that someone has deliberately deprived themselves of assets to avoid paying for care. We think this is incompatible because of a lack of access to an independent tribunal for the determination of a civil obligation (to pay), and the dual role of the local authority as judge and prosecutor, not to mention the extra financial interest it has in the outcome!

We anticipate that even without formal adult protection powers in statute, the duties under articles 3 and 8 to take positive steps to protect or further human rights will lead to a recognition of a duty (not merely a power) for public authorities to use the courts to resolve adult protection impasses with relatives/carers – based on the judge declaring the ‘bests interests’ of the client in the Family Division in declaratory relief proceedings.

We foresee an improving of standards and sensitivity to individual differences amongst providers because of concern that providers might be sued for breaches of human rights, as hybrid public authorities (although the database explains why this is more of a fear than a realistic risk)

We think that the age old question of delay in assessment and service provision will be taken to court, now that the test is no longer ‘is it unreasonable?’ but whether it is:

  1. a)legalin UK law at all
  2. b) proportionate, given the right torespectfor private life?

Private care homes and the Human Rights Act

The question of whether private care homes can be sued under the Human Rights Act is one that has been the subject of some debate.  The House of Lords addressed the question in April 2007 in the case of YL v Birmingham City Council and others [2007] UKHL 27.  The majority decision is authority for the conclusion, where the home simply provides care and accommodation, without the presence of statutory powers or duties, that the answer is “no”.  The starting points of the issue that the House of Lords was faced with are the Human Rights Act 1998 and the National Assistance Act 1948.

The Human Rights Act’s application

Section 6 of the Human Rights Act 1998 places obligations upon ‘public authorities’.  There is no exhaustive definition of ‘public authorities’, but Section 6(3) of the Human Rights Act provides that public authorities include courts, certain tribunals and “any person certain of whose functions are of a public nature”.

Effectively, apart from courts and tribunals, there are two types of public authority for the purposes of the Human Rights Act:

1) Standard public authorities: public bodies which are ‘obviously’ public authorities (central and local government and the police);

2) ‘Functional’ public authorities: public bodies who are public authorities for the purposes of the Human Rights Act by virtue of some of their activities being public functions.

Private bodies can be subject to the Human Rights Act, if some of their activities are public in nature.  Unlike standard public authorities, which are obliged to act in line with European Convention rights in all their activities, the obligations of functional public authorities under the Human Rights Act do not extend to private acts (Section 6(5)).  Therefore, it needs to be established that a private body has public functions and that the act or decision complained of is not of a private nature, before the Human Rights Act is engaged.

The National Assistance Act 1948

Section 21 of the National Assistance Act 1948 places a duty on local authorities to make arrangements for those in need of care and accommodation who are unable to make such arrangements themselves.  Where a local authority provides care and accommodation to a person to whom they have a duty under section 21, then any decision or act done in relation to the provision of the care and accommodation is subject to the Human Rights Act: the local authority is a standard authority.

However, section 26 of the National Assistance Act provides that arrangements under section 21 may be made with a voluntary organisation or any other person who is not a local authority.  The subject of a long running debate and the question for the House of Lords was this: when a local authority owes a duty to a person under section 21, and contractual arrangements are made with a private care home, does the Human Rights Act apply to the private care home’s provision of care and accommodation to that person?  For this to be the case, the private care home must be a functional public authority for the purposes of the Human Rights Act.  So, are any of its functions in that context, to be seen as ‘public’?

YL v Birmingham City Council

The facts of the case were these.  Birmingham City Council owed a duty to meet the needs of YL, an 83 year old woman suffering from Alzheimer’s disease, under section 21 of the National Assistance Act.  Birmingham contracted with Southern Cross Healthcare to provide accommodation to YL.  When Southern Cross attempted to evict YL on the grounds of the anti-social behaviour of her visiting family, YL claimed a defence under Article 8.  The first judge to hear the issue decided that Southern Cross was not subject to the Human Rights Act.  The Court of Appeal agreed.  The case went to the House of Lords and the majority dismissed YL’s appeal, holding that Southern Cross was not exercising a public function for the purposes of the Human Rights Act.  Two of the five Law Lords dissented.

The majority

Central to Lord Mance’s reasoning behind finding that Southern Cross was not exercising a public function was the distinction in the modern legislation between a local authority with a statutory duty to arrange care and accommodation and a private company providing services with which the local authority contracts on a commercial basis in order to fulfil the local authority’s duty to arrange such services.

Lord Neuberger’s judgment also focused on this distinction, explaining that, while the statutory involvement of Birmingham can fairly be said to give the function performed by Southern Cross a public connection, he did not consider that it could, on its own, convert that function into one of a public nature.

There were a number of additional factors cited by Lord Scott and re-iterated by Lord Mance and Lord Neuberger in support of the finding that Southern Cross was not exercising a public function:

  • Southern Cross is a company carrying on a socially useful business for profit.  It enters into private law contracts with residents of its care homes and with the local authority with which it also does business.
  • Southern Cross receives no public funding or subsidy, enjoys no special statutory powers and is at liberty to accept or reject residents as it chooses.
  • It operates in a commercial market with commercial competitors.
  • Unlike a local authority, Southern Cross is carrying out its activities pursuant to private law obligations.

Lord Neuberger considered the argument that a local authority should not be able to contract out of its obligations under the Human Rights Act.  Whilst he saw the force in the point that a person who would have Convention rights if a service were provided directly by the local authority should not lose them merely because that service is contracted out, he found the opposing arguments more compelling:

1) the duty of a local authority under section 21 of the National Assistance Act is to arrange and pay for care and accommodation, not necessarily to provide it; as such the duty has not been contracted out;

2) section 6(3) of the Human Rights Act is concerned with functions or services, not with the identity of the person who is paying for those services or the reason for that payment;

3) YL still enjoys Convention rights as against Birmingham City Council and a local authority is often able to impose on the proprietor of a care home with whom it makes arrangements under the National Assistance Act corresponding or equivalent rights, as against the care home, as the person would have against the local authority;

4) There are policy arguments in favour of local authorities contracting out services.
The dissenters

Lord Bingham did not agree with the distinction between arrangement of accommodation and care under section 21 and provision of that care.  He and Baroness Hale thought it important that those who qualify for residential care under sections 21 and 26 of the National Assistance Act are a vulnerable section of the community.  Baroness Hale raised the risks posed to vulnerable residents of care homes, those that might amount to inhumane treatment and deprive them of their liberty, personal autonomy and interference with family relationships.  She felt that Parliament must have known of those risks and could not have intended to leave those placed in private care homes, pursuant to sections 21 and 26 of the National Assistance Act, unprotected.
The presence of statutory powers/duties

So  whilst the majority finding was a narrow one, it is now settled law that private care homes are not exercising a public function in providing care and accommodation, regardless of whether the person in question was placed there by a local authority.

The decision does not mean that private care homes will never be functional public authorities for the purposes of the Human Rights Act.  Lord Scott stated that the position might be different if “the managers of privately owned care homes enjoyed special statutory powers over residents entitling them to restrain them or to discipline them or confine them to their rooms or to the care home premises”.  For instance, once the Deprivation of Liberty safeguards come in in 2009, anyone deprived of their liberty by a care home, will have had that situation scrutinized under the safeguards, and a certificate of necessity will have been granted. That may mean that the care home is acting as the delegate of the court in this regard, and acting as a public authority, in that role. Lord Mance distinguished the case in YL v Birmingham City Council from that where admission is by compulsion under the Mental Health Act 1983 and the person is cared for in a private care home registered for the reception of s3 detainees.  In that situation there is a specific statutory power afforded to the home in question.  As such it is likely that if a care home has the power to detain under the Mental Health Act then they will be seen as exercising some public functions.  The Human Rights Act will, however, only be engaged if the act or decision complained of relates to compulsory detention, rather than the general provision of care and accommodation.  Such a case has not yet come before the courts.

Other legal obligations on Care Homes

Lord Mance made clear in his judgment that YL benefited from other legal protections than the Convention.  It should be remembered that statutory regulation of care homes under the Care Standards Act 2000 and the Care Homes Regulations 2001 provide for complaints to the Commission for Social Care Inspection and in many cases criminal sanctions for poor or bad treatment.  Residents, placed in a privately run care home, whether by the local authority or not, will also have contractual rights pursuant to their private law contract with the care home.  Whilst the decision in YL v Birmingham City Council means that the Human Rights Act will not generally apply to private care homes, obligations under civil and criminal law certainly do.

Who is a functional public authority?

Functional public authorities for the purposes of the Human Rights Act in the field of Health and Social Care include:

  • health service bodies such as NHS authorities
  • the Code of Practice Committee of the British Pharmaceutical Industry
  • the Human Fertilisation and Embryo Authority
  • a hospital’s Infertility Services Ethical Committee
  • the General Medical Council
  • doctors in general practice

It is crucial, however, to remember that the above will be open to challenge under the Human Rights Act only in relation to its acts that are of a public nature.  A doctor in general practice, for instance will be a functional public authority in relation to their National Health Service functions but not in relation to their private patients.

A private psychiatric hospital may be a functional public authority where a statutory duty is cast directly on the hospital, such as in the case of R (A and others)  v Partnerships in Care Ltd [2002] EWCA 529 (Admin).  In that case, the hospital had some public functions: regulation 12(1) of the Nursing Homes and Mental Nursing Homes Regulations 1984 cast a direct statutory duty on the hospital, as the registered person under the Registered Homes Act 1984, to provide adequate professional staff and adequate treatment facilities; there was a public interest in the hospital’s patients receiving care and treatment which might result in their living in the community again; and patients admitted to the hospital under section 3 of the Mental Health Act 1983 were detained compulsorily.   In that case the decision was one of a public nature and therefore both limbs of the test under section 6(3) for functional public authorities were satisfied.

Whether Parliament will ever do anything about the apparent anomaly, remains to be seen. Andrew Dismore’s Private Members’ Bill (Human Rights Act 1998 (Meaning of Public Authority) Bill ) to reverse the legal position described above, specifically for care homes, got as far as a Second Reading before the Parliamentary Session ended and it fell by the wayside. During the debate in June 2007 on that Bill, the Government spokesperson said that the government was “committed to taking action” that year. That did not happen, but it is now proposed to bring forward a consultation on the issue as part of the Green Paper on a possible British Bill of Rights and responsibilities, due out in 2008.

Emma Price, Barrister.

McDonald in the European Court

The European Court of Human Rights Chamber has handed down its decision in Elaine McDonald’s challenge to the finding, by the English Supreme Court, that RBKC’s provision of incontinence pads to her, after withdrawing the money that had been temporarily offered for night time care, pending an ILF application that did not ultimately go through, was not a breach of her article 8 human rights to respect.

The Chamber judgment said that from the date when a proper re-assessment of her needs was completed, and the reviewed service response corresponded with that reformulation of her eligible needs, (although her needs had not physically changed) – and the decision was therefore in accordance with what was required by national social care law in England – the local authority’s interference with her article 8 rights had pursued a legitimate aim, namely the economic well-being of the State and the interests of other care-users.

In considering whether the interference was, in addition, “necessary in a democratic society”, especially when weighed against the economic well-being of the State, the Court bore in mind that signatory States had considerable discretion in issues involving social, economic and health-care policy, especially when deciding how to allocate scarce resources. It was therefore not for the Court to substitute its own assessment of the merits of the contested measure for that of the competent national authorities.

So, despite the very distressing situation Ms McDonald was facing, the Court held that from 4 November 2009 onwards the interference with her right to respect for private life had been both proportionate and justified as “necessary in a democratic society” and rejected this part of her complaint as inadmissible. Prior to that date it had constituted a breach of human rights (because the service response was altered, without any new description of her needs).

The Chamber judgment is not final. During the three-month period following its delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final

judgment. If the referral request is refused, the Chamber judgment will become final on that day.

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3 Min | Perspective

Business owners warned of capital gains tax increase in March 2020 Budget

This article preceded the Budget. An analysis of the Budget outcomes, published on 11 March after the Chancellor's speech, can be read here

Entrepreneurs selling businesses could see their capital gains tax liabilities rise by as much as 100% if, as heavily hinted, the Government uses its 11 March Budget to cut entrepreneurs’ relief.

The tax break currently grants a 50% reduction in capital gains tax payable when businesses are sold (see below).

Both Labour and Conservative politicians have criticised the tax break for several years, but action to reduce the benefit now seems more likely than ever. The Conservative Party’s 2019 election manifesto promised the measure would be subject to “review and reform”. In the short period since the election, however, senior Conservatives have indicated more clearly that the tax relief is to be scaled back – or even abolished.

Entrepreneurs’ relief: current benefits for business owners and entrepreneurs

  • The tax break limits the capital gains tax liability when business owners sell or give away part or all of their business.
  • Instead of the standard tax rate of 20% applying to taxable gains, disposals which qualify for entrepreneurs’ relief attract a lower tax rate of 10%.
  • When the relief was announced by Labour Chancellor Alistair Darling in 2008 it could be applied to “a cumulative lifetime total of £1 million of gains”. In 2011 this lifetime limit was increased to the current £10 million ceiling.
  • A number of requirements must be met to qualify, primarily that the business owner’s shareholding must be at least 5% of the share capital and the holding must have been owned for a minimum two years.

Tax planning opportunities for business owners

The fact that relief can be applied on multiple gains (up to the limit) allows for wider tax planning and is useful for serial entrepreneurs. The relief is available per individual, giving rise to potential tax-planning opportunities where business owners are married or where they want to pass businesses on to children or other beneficiaries.

The value of the tax break, however, is what has made it controversial – and fuelled increased speculation that it is now within Chancellor Sajid Javid’s sights.

Criticism of entrepreneurs’ relief – and what the current Government has said and done so far

  • April 2019: the Conservatives tightened existing entrepreneurs’ relief rules. In order to qualify, business owners making disposals after 6 April 2019 would need to have owned their shareholding for at least 24 months, rather than the previous 12-month qualifying period.
  • August 2019: the think tank Resolution Foundation called for the entire abolition of entrepreneurs’ relief, claiming it cost the Exchequer £2.7 billion per year and was “expensive, ineffective and regressive”.
  • October 2019: the influential Institute for Fiscal Studies added calls for reform.
  • January 2020: on 17 January, speaking at a business founders’ event in west London, Boris Johnson reportedly said: “there are some people who are staggeringly rich who are using that relief to make themselves even more staggeringly rich…”
  • 27 January 2020: a “senior minister” told the Financial Times that Mr Javid was “drawing up plans to curb the tax break”. Pro-enterprise groups, including the British Chambers of Commerce and the Federation of Small Businesses, responded by urging Mr Javid not to eradicate the relief.
  • 13 February 2020: Mr Javid resigns and is replaced by Rishi Sunak. Subsequent media reports suggest that potential changes considered by Mr Javid remain on the agenda.

What we think is going to happen

The Government’s direction of travel seems clear: this benefit, already under attack, is to be reduced. Will it be abolished entirely? We don’t think so.

Instead, we think it likely that the £10 million lifetime limit will be reduced, perhaps back to the original limit of £1 million. This would have the effect of saving money for the Exchequer while retaining the benefit in principle. It is possible that further tightening of the qualifying rules will also be undertaken.

The overall result is likely to be that some of the current opportunities associated with entrepreneurs’ relief will be lost.

With reduction of available relief at the point of disposal, the need for longer-term planning before and after the sale of business assets is likely to become even greater.

Almost 40% of our clients have achieved their wealth through founding and building a business. We have significant experience in helping a wide range of business owners arrange their personal and business affairs around disposals.

Statements concerning taxation are based on our understanding of the taxation law in force at the time of publication. The levels and bases of, and reliefs from, taxation may change. You should obtain professional advice on taxation where appropriate before proceeding with any investment.

This article is issued by Cazenove Capital which is part of the Schroders Group and a trading name of Schroder & Co. Limited, 1 London Wall Place, London EC2Y 5AU. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Nothing in this document should be deemed to constitute the provision of financial, investment or other professional advice in any way. Past performance is not a guide to future performance. The value of an investment and the income from it may go down as well as up and investors may not get back the amount originally invested.

This document may include forward-looking statements that are based upon our current opinions, expectations and projections. We undertake no obligation to update or revise any forward-looking statements. Actual results could differ materially from those anticipated in the forward-looking statements.

All data contained within this document is sourced from Cazenove Capital unless otherwise stated.


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With Reservations, Feds Agree To Continue Spring Spill For Juvenile Salmon, Steelhead

Federal agencies, following discussions with independent scientists and other Columbia River basin sovereigns, have opted to continue spilling water this spring at lower Snake hydro projects to provide that passage route for juvenile salmon and steelhead migrating toward the Pacific Ocean.

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Sara Bareilles, Jessie Mueller on serving up "Waitress"

Sara Bareilles earns Tony nomination for "Wai... 06:39

Pop music is changing the landscape of Broadway, but it's not just songs you already know by heart.

More and more artists are composing original songs for the stage, like pop star Sara Bareilles, who has earned a Tony nomination for Best Original Score for "Waitress."

"Waitress" has become one of the hottest musical tickets on Broadway, and it just happens to be the very first musical composed by the singer-songwriter.

"It's been the most difficult thing I've ever done," she said.

But is it harder to create a Broadway show than to create an album?

"Yeah!" she laughed. "It's an incredible amount of work."

Bareilles is best known for her hits "Love Song" and "Brave." But growing up in Eureka, California, her heart belonged to Broadway.

"I grew up listening to so much musical theater, and theater was my first foray into performance at all," Bareilles said. "So, you know, besides singing on the fireplace hearth with my sisters, you know, we did community theater."

Sara Bareilles on her Broadway smash 04:54

"So many pop stars who try to make their work fit in the world of Broadway feel completely out of place when they're asked to become theater people," CBS News contributor Jamie Wax said to Bareilles. "Are you saying you might be a theater person who felt a little out of place in the pop star world?"

"Completely," she laughed.

"Waitress" the musical is based on the cult 2007 film of the same name about life, love and pie. It was written and directed by Adrienne Shelley, who also co-stars in the movie.

Shelley was murdered before the film's release.

"I talk a lot to Adrienne Shelley in my writing and I invite her into the process," Bareilles said.

"Waitress" stars someone who knows all about pop stars and Broadway -- Jessie Mueller, who won a Tony for her portrayal of Carole King in the musical "Beautiful."

"I got sent early, early demos that Sara had done," she said. "I just had an emotional reaction to the music. And that doesn't always happen for me."

One of those songs was "She Used to be Mine." Mueller said when she first heard the song, "I was very taken with it. I was always fascinated by it and intimidated by it for a long time. Because it's such an epic moment in the course of the play and in the course of the character I play."

But Bareilles says it also comes from a personal place.

Wax asked if lines from the song apply to her: "She's imperfect, but she tries."

"She is good, but she lies."

"She is hard on herself."

"She is broken and won't ask for help."

"Yeah. Do not make me cry!"

Bareilles says she's not through with Broadway -- behind the scenes and maybe on the stage. "I need some acting classes, y'all. That's what I need!" she laughed.

Any thought that she might perform in "Waitress" herself? "I wouldn't say there hasn't been talk, but I don't know. Following Jessie Mueller, that's so, so tough. I don't know. I guess never say never."

You could expect an appearance by Sara Bareilles and the cast of "Waitress" at the Tony Awards Sunday on CBS.

For a sample of "Waitress" click on the video player below.

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Our aim is to provide an environment of Christian academic excellence that will enable our students to develop a Biblical world and life view.

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Installation & Maintenance

Expert installation

CELLTHERM has an extensive network of highly trained and dependable installation teams both in Germany and abroad who possess decades of experience in installing CELLTHERM coldrooms. Because we understand: there is no high quality coldroom without superior installation service.

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Comprehensive After-Sales Service

The service life of CELLTHERM coldrooms is extremely long and we don‘t leave you out in the rain after delivery and installation. We keep a large number of spare parts in stock for you or order them for you on short notice. We are also happy to consult with you about repair options and support you with our service teams in Germany and abroad.

We understand that a customer complaint is an opportunity for further improvement of our service: accordingly we expedite the proper measures through our complaint management system in a quick, straightforward, and agreeable manner.


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What Do You Eat?

Learn how you can help with a new
Autism, ADHD, Anxiety & Depression study.

CAR stands united with the Black Lives Matter movement
against racism and social injustice.

The goal of this research study is to develop an online questionnaire about what youth with Autism Spectrum Disorder (ASD) eat and how it impacts their daily lives. Youth and their parent(s) will complete a questionnaire about food and eating habits online. Parents will complete an additional child background and medical history questionnaire online. Participants will be paid for their time with an Amazon online gift card. For more information or to enroll, please visit the What Do You Eat study page.

For more information, please contact:


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Cool Art RICKY Small Tablet Green

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Product Story

Create a blissful focal point anywhere throughout your home or baby's nursery.

Brighten up those wall spaces you’ve been trying to fill with our "RICKY" an original artwork on canvas from CoolArt. Hand painted by a talented artist with a passion for joyful brush strokes and a love of cool vibrant colours. Funky and fun with plenty of animal characters to choose from: Man's best friend in a range of different breeds, coolio cats, farmtastic cows, happy giraffes and royal elephants. Perfect for adding a splash of colour to any room even a new born baby's room. They work especially well in children’s rooms or play areas to promote a world full of colours, you will see amazing expressions of delight! All kids greet CoolArt paintings with rapturous looks. Priceless!

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Five simple productivity tips

Some days you are high on productivity and just wrap up with as many assignments as possible in a snap. But then there are those days where you drag yourself to work and end up having a million sticky notes with to-dos that need to be accomplished before the sun sets. Well, for those draggy days here are some awesome tricks that could help you get back on your toes and win the match.

  1. Rule out the mess on your table. Your brain will be equally messed when you work on cluttered desk. Keep it clean.
  2. As tough as it looks to be, take it as a challenge and finish the hardest task first instead of skipping it forever. There’s no self confidence booster better than this. Moreover other tasks might feel much simpler to finish once the hardest leap is over.
  3. Colors define and decide the mood you ought to be in. Different colors define respective moods, for instance red color is preferred for work that requires deep attention. So now hop on and do a research on color-modes for moods.
  4. Plants arranged around your workspace can rejuvenate oneself naturally. It helps keep the air you are surrounded with fresh and pleasant. Researches say so, try it!
  5. Music is an anytime de-stresser and is one of the best options you could choose from to make your workload feel lighter. Try it!

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Lindsay West

Great post with some useful reminders, good photos too. Thanks for sharing - tidy desk, tidy mind!

Paul LeBreton

You Have Published Many Simple Measures That We All Need As Reminders__ If Our Lives Get Too Cluttered, Our Efficiency Suffers__ SIMPLIFY__

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Introducing Free Forever IT Monitoring for 100 Hosts or Less

What’s the best way to monitor 100 IT assets or less without any upfront investment or time consuming coding, for a $0 yearly subscription, year after year? You’ve got it, it’s through the Centreon IT edition forever free trial offer. All 400+ connectors and the powerful auto-discovery engine, free, instantly, for up to 100 devices. You download it, you try it, you use it, no string attached. If you can’t wait a minute longer to get started on your Centreon IT journey, we understand. Go right ahead to the download page.

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Centreon IT Edition and it’s free trial  in 5 questions

  • What can I monitor with the Centreon IT Edition?

Centreon IT Edition is scalable to the number of hosts you want to monitor. The limit of the free trial of the Centreon IT Edition is not on WHAT you can monitor but on HOW MANY HOSTS you can monitor. With the free trial, you can monitor the full range of your network, from cloud to edge for a clear and comprehensive view of 100 hosts or less, for as long as you need it. If you need to monitor more than 100 hosts, you will just evolve to our scalable pricing scheme based on the size of your perimeter.

  • How do I start using the Centreon IT Edition?

  1. Request your free token – you’ll get the token to activate your free license by email.
  2. Install or update the Centreon platform.
  3. Activate your free software license for up to 100 devices.
  4. Start monitoring from cloud to edge.

  • How does the free trial of Centreon IT edition compare with the Centreon open source edition?

Within the limit of the 100 hosts free trial offer, Centreon IT Edition extends our open source framework with a unique auto-discovery engine and over 2,700 ready-to-monitor configuration templates, all packaged into our library of 400+ connectors. Our open source edition gives you all the room you want to do things yourself, exactly how you need them, for as many hosts as you want.

  • What should I do if I have more than 100 devices to monitor?

Centreon IT Edition is scalable to the size of your IT perimeter. Simply ask for a quote. Pricing is based on the number of devices being monitored, starting at 250 monitored devices. A paying subscription includes software licenses, access to our Support team by phone or by mail and unlimited software updates. You can upgrade to Centreon Business Edition to benefit from advanced mapping and reporting capabilities. You may also further develop your perimeter using our open source edition.

  • What should I do if I had a subscription for a few specific connectors?

If you were subscribing to IMP-100, Centreon IT Edition’s free trial offer is your new go-to solution. If you were subscribing to an older package and monitoring more than 100 devices, you’ll need to purchase a Centreon IT Edition license. You can always leverage the open source edition.

“With the Centreon IT Edition, we’re empowering you to implement and harness best-in-class, holistic monitoring, actionable from headquarters to remote sites or IoT.”

More resources to start using Centreon IT and its free trial

Your path to holistic, cloud-to-edge monitoring, forever free for up to 100 devices.

  1. Request your free license
  2. Setup your first platform
  3. First login
  4. Add your Centreon IT Edition token
  5. Basic principles of monitoring
  6. Start to monitor your first host
  7. Deploying a configuration
  8. Access to tutorials to enjoy your monitoring

Start today – download Centreon IT Edition and enjoy instant cloud-to-edge monitoring.

Contact us if you need more information or want to determine if Centreon IT Edition is what you need. You can also review our complete FAQ on Centreon IT edition and the forever free trial.

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Agents in Newark

97 Ratings
There are 198 real estate agents found in Newark, DE. View our Newark real estate area information to learn about the weather, local school districts, demographic data, and general information about Newark, DE. Get in touch with a Newark real estate agent who can help you find the home of your dreams in Newark. Use our mortgage calculator to see how much it would be to finance a home in Newark. Not ready to buy yet? Find and compare apartments for rent in Newark.


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Lincoln Blair.

B.Com, PMP (USA)
Project Director

With over 15 years’ experience in the industry, Lincoln joined the Cequent team in 2011 and brought with him a wealth of knowledge in stakeholder communication, cost management and risk mitigation.

Lincoln has an admirable track record managing projects ranging from $2.5 million to $7 billion in both New Zealand and Singapore. He has a strong ability to develop and strategise complex projects whilst keeping an open and collaborative relationship with clients and stakeholders.

Lincoln has an eye for detail and believes in keeping things simple.

“In life, at work, at home, I believe in keeping things simple. Removing complexity.”


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Larger vehicles may be worked on in new city shop
IMG 0810
The city's new shop building located west of Highway 99 just north of the Pine Street overpass. - photo by Contributed to the Courier

An open house was held on July 24 to celebrate the completion of the city of Ceres' new Vehicle Maintenance building at the city corporation yard at the corner of Hackett Road and Harold Street in Ceres.

Taking part in the ceremony were Councilmembers Mike Kline and Linda Ryno and City Manager Toby Wells.

The building was constructed by D. G. Granade Company at a cost of $742,947. It contains 3,883 square feet and is tall enough to allow the staff to work on the largest fire engines.


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PowerLab Membership

Sign up as a Full-Time Member and get daily access to the PowerLab during business hours and discounted rates for events and classes!

ALSO, we've partnered with local businesses in the Yonkers Downtown to offer our members AWESOME perks and discounts. We strongly encourage our members to support the businesses who support us, so in return, they offer our membership great deals at their establishments!


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Voicing Heartman

Talking to Death Stranding’s Darren Jacobs

Voicing Heartman

With 2020 just starting, it is hard to not look back onto 2019 and see Death Stranding as one of the biggest games of the year.

It brought Hideo Kojima back into the spotlight with a game shrouded in mystery and speculation. Hitting at the end of the decade — and filled with hype — Death Stranding was a game that took the industry by storm.

With a star-studded cast and a story that felt more like a movie than a game, Death Stranding is a landmark title and a major step for Hideo Kojima. Whether you liked it or hated it, it was a game that helped define the end of the decade, and it will be talked about for a long time moving forward.

Part of what made Death Standing so iconic and hypnotic to play was the cast. Filled with actors like Norman Reedus, Mads Mikkelsen, and Tommie Earl Jenkins, it is hard to deny the star power behind the game. One such actor, Darren Jacobs, took on the voice work for the character of Heartman. A voice actor veteran, he has done work on many games — such as Smite and Dragon Age: Inquisition — and recently had a role in 2019’s Ford v Ferrari.

Jacobs took the time to speak with CGMagazine about his voice work, how he got into acting, and what is next for this talented actor.

Voicing Heartman 1
Heartman | Death Stranding – Kojima Productions

CGMagazine: You were recently in Death Stranding as the voice of Heartman. How did you get involved in the project, and what was it like working with Kojima for one of the most important games of this generation?

Darren Jacobs: Well, I auditioned for it. Basically, in LA, most voiceover work you have to audition for. I went through the process. It’s actually funny, I thought it was just a regular voiceover audition, and I did my audition and then was just about to send it off, when I realized that it was a self-tape that they wanted. Which means I had to go on camera and learn the lines. I did such a good voiceover audition, I was so pleased with it. Then I was in such a rush, I was running around trying to memorize the words and it was so much technobabble. It was a really difficult audition, but then I sent it off and a week later they got back in touch with me with a different character name, and some notes from the unknown director, because it was all coded.

But by this point, I’d really been looking into it because I was really intrigued by this project. And then I got an inkling that it was Hideo Kojima’s new game. So I really went into fine detail with my second audition. And they actually told me that [the character] had narcolepsy. So I was doing all this stuff and improvising and I sent it off. And then about two days after that, I got the job. And it was amazing. Working with Hideo Kojima was phenomenal. To know that this guy has this brain that is on the next level, and even when he tells you what the plot is, or what your character is, you go out, you nod your head, “yes, yes, yes”, but you have no idea. For me, I love working with directors and on projects that affect people, which is next level cerebral. Every time I went in there it blew my mind, the things that he would tell me; the concept for Heartman itself was so unique. This guy who dies every 21 minutes and then comes back to life on the 24th minute because he’s searching for his family. It’s so tragic, and what a great character to do! I loved it.

Voicing Heartman 2
Heartman | Death Stranding – Kojima Productions

CGMagazine: How was it seeing Nicolas Winding Refn with your voice for the character of Heartman?

Darren Jacobs: Now, to be honest, that was a little bit weird at first because I actually know Nicholas. Not in person, but I know of his work. And I like his work, I like his kind of stuff. So it was weird at first and it was difficult in the way that they’d already done most of the mo-cap for it. So basically all the bodywork they’ve done, and that was set — that was anchored — and then I came in to do the P-cap, which is the performance capture, which is the face and the voice acting and the actual movement of the face. So I have the big helmet with the camera on and all the dots over my face and they capture my facial acting. But the mocap was set in place. So I would have to do specific lines and say a certain word at a certain time.

So I couldn’t say, like, if I had to say, go on the word — on the six-second — I still had to do that. So I had to fill the time, which was great because when we were acting I was talking to Hideo and his team, and they said that because Heartman is away on his beach for such a long time, he’s not used to being around people. He’s lonely, he’s awkward, his social skills are terrible. One of the first times you meet him, he says so many different things that people won’t speak about. He forgets how to be around people. So I made the choice of a stutter for the character [Jacobs says with a stutter], and can be a bit like that, and say awkward things which would help me fill that void and make it more natural. And it allowed me to make him my own character. But it was weird at first, seeing Nicholas, but then you get used to it because I’m in other video games; you see another face that’s not yours necessarily, it is only recently that you actually get the facial capture, so it’s only recently that it looks more like the actual voice actor. But seeing somebody that you already knew was kind of weird.

CGMagazine: Have you guys met since the game came out?

Darren Jacobs: I have not, no. I think I would fanboy out if I actually did meet him because I love his style. I love the old David Lynch kind of thing, that slow burn sort of movie. It’s interesting because I get why Hideo likes him so much. His work is very Japanese. His work has a quality very akin to Japanese movies, where you’ll have a long wide frame where the actor walks out of the frame for ages, and the silence and nothing happens, and then he comes back in it. So I get why that they do get along so well. But I haven’t met him. I would love to!

Voicing Heartman 3
Heartman | Death Stranding – Kojima Productions

CGMagazine: How is how did you get into the role of doing voice work for video games? And do you enjoy it as a career?

Darren Jacobs: I got into voiceover by accident actually, because in the UK you’re not really taught about voiceover. We get three years of training in theatre and that’s what you do. Most schools — acting schools — don’t give you TV experience. So for me, I never even thought of voiceover. I could always do accents because of my first TV job in the UK; I was about 13 or 14 and I booked a role doing a Scottish accent. I beat the Scotts to get it, actually. So I always had an ear for accents and doing voices uses that skill. But it wasn’t until I was later in my career and I’d done some more things. But I had to learn a German accent — West German accent — and all these Russian accents and things like that. And I thought I wanted to expand on it, so I got a scholarship to study in New York, doing the voiceover and commercial work, on-screen acting, all the things that I wanted to research and improve on.

So I went there, and they were the ones that actually said to me, “You should seriously look into getting a voiceover agent.” And I kind of laughed it off and was like, “yeah, yeah.” But then they introduced me to a big American agent who wanted to take me, but I lived in the UK. But then when I came over to America, I got a voiceover agent, and then just started booking, but it takes a while. Voiceover does take a while to get into because you have to do sustained auditions; you have to do good quality auditions that casting directors are going to see again and again and again before they book you. Because basically what they’re doing is they’re putting you in a room with up to 15 people in the room next to you, directing you, redirecting you, and they need to know that you can do it, or else they’re going to look bad and you’re going to waste a session. So they are very reticent to actually book you at first, commercially. They will do video games and animation. You literally won’t book for a couple of years; you’ll audition and audition and audition, but you won’t work for them. Maybe there are a couple of people who are lucky enough to do that. But most people, no! But I love it. I absolutely love it. For me, It’s an extension of my theatre training since it’s using your imagination and your physicalizing something in a different way. You can do all the stuff that you would never do on camera. You can be as big and as crazy and zany and caricature as you want to be. And people love it. And it’s fun. I love it.

Voicing Heartman 4
John de Lancie, Darren Jacobs – When The Train Stops

CGMagazine: Beyond video games, you’ve done a lot of genre film and tv, is there a reason? Do you like being a part of genre cinema?

Darren Jacobs: Well basically, when I came to the USA, I started again. I literally came with two suitcases and a pipe dream; I didn’t know anybody. So I started booking some jobs. And it’s through people who recommended me to other people, I would get phone calls from producers and an email saying, “Hey, can you come and read the script because somebody said that you have classical training, and we can’t find anybody?” That’s how I ended up doing a lot of genre work. I did a lot of science fiction, which I love because I really love computer games, I love reading, and I grew up doing D&D. I love it. So for me, it’s been amazing like this. I did a pilot with actors that I’ve watched growing up. Every day I come on set and I’d have this new person from this huge hit TV show that I watched, never thinking that I’d work with them, and I’m on the other side — on the camera with them — I’m like, this is insane.

I really had to hold my geeking out. Imagine working with the people who made you want to be an actor. It was fantastic! So yeah, I have no regrets about doing all the genre work. I love it!

CGMagazine: I just want to quickly touch on what is next. What type of movie would you like to do next? What type of game would you like to next? What is next for your career in general?

Darren Jacobs: Game-wise, you know what? It’s really difficult topping Death Stranding because, yeah, it’s the first big game that I did. We were up for game of the year, we were up for eight awards. We’ve gone global, and getting people from around the world reaching out to me… It’s insane.

To read the full interview with Darren Jacobs please pick up the next issue of CGMagazine, avalable in print and online

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Friday, June 5, 2020

Bangladesh Navy Job Circular 2020

Bangladesh Navy Job Circular 2010 has been published in daily newspaper Kaler Kantho and to get from the most popular jobs and education portal website in Bangladesh by BD Jobs Careers.  Anyway, As a know, the Bangladesh Navy is the naval warfare branch of Bangladesh Armed Forces, responsible for Bangladesh’s 118,813 square kilometers of maritime territorial area, and the defense of important harbors, military bases and economic zones.

Good news is, recently the Bangladesh Navy Looking New Job holder for their empty vacancy. However, if you are interested government jobs in Bangladesh, we think Bangladesh Nave Jobs 2019 is Good one, so interested candidate checkout all of essential information like apply procedure etc, for the user help, we have already added all of necessary requirements such as job circular image, published date, salary structure, application deadline and more.So let’s check and get ready for Bangladesh Navy Job Circular 2020 and finally to submit your application by following their applying procedure.

■ Organization Name: Bangladesh Navy.

■ Job Title: Officer Cadet Batch – 2021-A and Sailor/MODC (N) – Batch B-2020

■ Updated Date: 16 March 2020

■ Application Deadline: 4 October 2020

■ Salary: According to Government Pay-scale.

■ Education Qualification: See Job Circular Image.

■ Experience Qualification:   See Job Circular Image.

■ Job Type: Defense Engineering/ Architecture (Bangladesh Navy)

■ Employment Type: Permanent

■ Gender: Both (Male & Female)

■ Job Location: Anywhere in Bangladesh.

■ Job Source:The Daily Sun

Applying Procedure: Manual, Follow Below Job Circular Image

Bangladesh Navy Job Circular 2020-

Bangladesh Navy Job Circular 2020

Bangladesh Navy Job Circular 2020 Bangladesh Navy Job Circular 2020 Bangladesh Navy Job Circular 2020

■ Application Deadline: 4 October 2020

Apply Online !

Recommended: Bangladesh Navy Civilian Job Circular 2020

In the current situation in Bangladesh government jobs is very qualified and popular profession for people. Because, we know that any permanent government profession is a great opportunity for anyone. So you can maintain all of procedure with properly and prepare for the next step as writing exam. If you want to latest government jobs circular news with right time to connect with BD Jobs Careers. We make sure all types of latest jobs, news/ information such as all private bank jobs, news, private university lecturer jobs in Bangladesh embassy jobs in Bangladesh, prothom alo jobs, government, and jobs in Bangladesh, most recent jobs in Dhaka, airlines jobs in Bangladesh and so on. Our main aim becomes a best jobs circular website in Bangladesh. So just, keep connected with us as well as like our Facebook Page and Join with Facebook Group. Hopefully you will be huge benefited by publishing recent jobs circular information. Thanks

ফেইসবুকে আপডেট পেতে আমাদের অফিসিয়াল পেইজঅফিসিয়াল গ্রুপের সাথে যুক্ত থাকুন।

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Changez Salon | Locks of Love

Losing your hair…….
…….does not mean losing your dignity.

Changez Salon | Locks of LoveLocks of Love

Locks of Love is a public non-profit organization that provides hairpieces to financially disadvantaged children in the United States and Canada under age 21 suffering from long-term medical hair loss from any diagnosis. We meet a unique need for children by using donated hair to create the highest quality hair prosthetics. Most of the children helped by Locks of Love have lost their hair due to a medical condition called alopecia areata, which has no known cause or cure. The prostheses we provide help to restore their self-esteem and their confidence, enabling them to face the world and their peers.

Changez Salon in a full supporter of Locks of love who’s mission statement is below

Our mission is to return a sense of self, confidence and normalcy to children suffering from hair loss by utilizing donated ponytails to provide the highest quality hair prosthetics to financially disadvantaged children. The children receive hair prostheses free of charge or on a sliding scale, based on financial need.

Changez Salon | Locks of Love

Above is Penina: Before and After
Changez Salon super star “Jason”, cut Penina’s hair for Locks of Love

interested in donating your hair to “Locks of Love”?

  • Must donate at least 10”
  • Must be virgin hair (No color/bleach)
  • We will cut off and clean up the ends for free
  • ½ price haircut if you would like more style than a blunt cut

Call us today to setup your “Locks of Love” appointment today