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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Alex, You answered a question for me recently about fostering.

Resolved Question:

Hi Alex,
You answered a question for me recently about fostering. I have had a further letter from Peterborough Council regarding their legal position. Would you be able to review it for me and let me know your thoughts?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thanks for requesting me.

Alex Watts :

Yes please attach it here.]

Customer:

In response to this letter, my comments are that there is no contract in place between the foster carer and the person in placement.

Customer:

There is a free choice for the carer to be involved with Synergy Fostering or not. These carers choose to work with us.

Customer:

The carers have the right to provide care for this young person under the Staying Put Regulations but they do not want to do it directly with Peterborough because they do not provide the same level of support that we do.

Alex Watts :

How much is owing now?

Alex Watts :

They chose to keep the people with you, thats right?

Customer:

The young person is placed with us by Peterborough as a foster child and now he is 18. He is still in the placement and wants to remain there which he has a right to do if the foster carer agrees which they do.

Customer:

They owe £770 per week starting from 1st September and counting. We continue to pay carer allowances of £380 per week since then.

Alex Watts :

What is the total cost of the amount owing?

Customer:

Its £3850 presently

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.


Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So despite the contents of this letter you believe we still have a case to claim the monies?

Alex Watts :

Yes I do.

Customer:

If this situation continues will they continue to be liable even after the judgement if they lose?

Alex Watts :

Even if you go to a small claim and lose, you only lose the Court fees you have paid to issue and hear the claim

Alex Watts :

Yes they will

Alex Watts :

The chances are they will settle before Court

Customer:

Thanks very much for your help.

Ash and other Law Specialists are ready to help you