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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We run a fostering agency that looks after children on behalf

Resolved Question:

We run a fostering agency that looks after children on behalf of local authorities in UK. We have a contract with local authorities which covers placement of children ages 0-18 at an annually agreed rate. The government has recently passed legislation (May 14) that obliges local authorities to support placements until 21 if the foster carer and child agree.
The foster carers are self employed but have a signed agreement with our agency and we hold their legal approval to foster.
Local Authorities should be agreeing new rates with us to cover the 18-21 age range but have failed to do this.
Obviously, we are not in a position to simply evict the young people from the home (or would we want to do that) so as children pass their 18th birthday are we within our rights to continue invoicing at the rates identified in the existing contract for age 0-18 years until a new contract is agreed?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
Waiting is fine for the right advice thanks
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is***** will help you with this.
For now please let me know why the LA have failed to negotiate? Have they given a reason please?
Customer: replied 2 years ago.
They seem just too busy and have not allocated anyone to do this with us. We have requested but they say they have informed us of this change and their policy states that we must accept the lower fee! I have an email from them which I can forward if that helps.
John
Expert:  Ash replied 2 years ago.
Ok - have they given you an indication when this might be?
Customer: replied 2 years ago.
Here is the email stating their position and desire to reduce fees from 1st Sept to £400
-----------------------
My apologies for not having been in contact sooner.
As I understand things the foster carer of AW and the agency have been aware of the care plan in respect of the young person placed by Peterborough in that as AW turns 18 and is no longer a Looked After Child, the arrangement between the agency and the local authority expires [as fostering regulations no longer apply].
I have checked the case management system and see that at reviews and visits Staying Put has been discussed and agreed as the most suitable arrangement for the young person, and indeed funding agreed via resource panel as of May 2014.
I sent an email and copy of our Staying Put Policy to all agencies in September last year, stating that should it be in the best interests of any young person placed by Peterborough to remain post 18 the authority’s Staying Put Policy would be implemented. This was the opportunity for any agency not in agreement with this to contact the authority and further discuss options/future contractual arrangements.
In summary, Pathway Plan arrangements are now in place under the local authority’s Staying Put Policy directly between Ms Ahmed and the local authority. No fostering payments will be made to Synergy as that contractual relationship expired on 1st September 2014.
On another matter I just need to confirm that MI placed with Ms A Pervez has now completed his statutory education and will be attending university. As per previous arrangement as when his sister left school to attend university, a new weekly fee of £400.05 will be payable as of 1st September 2014.
Expert:  Ash replied 2 years ago.
Thank you.
On that basis I can confirm then in the absence of anything to the contrary you can invoice on the existing basis.
Through their own incompetence they have failed to negotiate a different rate and as such you are entitled to invoice at the existing rate.
It is for them to take steps to make sure the rate is agreed, not you - you have taken all reasonable steps.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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