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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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There, we commissioned 24 hour care elderly parents

Resolved Question:

Hi there,
we commissioned 24 hour care for my elderly parents who live with us so we could have a short respite break. They both suffer from dementia (Dad/Altz, MumVasc) they still have some capacity, but not for any event outside their daily routine. This makes them extremely vulnerable. We moved them to live with us nearly 5 years ago for this reason. For instance, they would not know what to do if mum had a fall (she is also in a wheelchair now).
So we were quoted for 94.5 hours of continuous care (actually we only needed 94 but that is fine). When we got back we checked the logs and found there were gaps of an hour every morning between 8am and 9am and 2 half hour gaps in the care later on two mornings. The care company did not inform us before we went away they could not fulfil the cover and left my parents in an extremely vulnerable situation. Nothing happened but it does not mitigate their neglect. We have raised it with social services who are pursuing it as a safe guarding issue.
The care comapany have issued us with an invoice for the 88 hours they managed to provide. Do we have to pay them and are there any grounds to sue them for breach of contract. I want them to suffer consequences. There are many people on their books who do not have advocates and they are at risk. I want the care company to change their practices and financial depravation is the only thing these people understand.
We have an email quote for the 94 hours, copies of the logs showing the gaps in care and the invoices for a total of 88 hours (they split the care costs between Mum and Dad). Please could someone advise.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What loss have you suffered please?
Customer: replied 1 year ago.
No material losses, but a huge amount of distress and guilt for having left them in what we thought was a safe situation with 24 hour care in our home only to find they were left unattended for the periods described.
Expert:  Ash replied 1 year ago.
Ok. If you sued for breach of contract then you would need to show some loss, as the court would assess damages to put you back into the position had the breach not occurred. For example if you buy a car, it breaks and the cost of repair is £1000 that is your loss.
I will however outline the process.
You need to write and set out your losses and request compensation 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.
If they do not compensate 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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
As there is no material loss, is it likely that any claim would even be considered?
Customer: replied 1 year ago.
Also would we still be liable for the 88 hours invoiced even though they failed to give 24 hour cover?
Expert:  Ash replied 1 year ago.
No you can't claim for refund of the whole lot because you actually had 88 hours. I think you may be able to claim a nominal amount, but not too much.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Yes I think I'm just going to have to push for satisfaction through social services. The care company are a 'preferred provider'. We are going to go private and pay a bit more for decent service. Thank you for your help.

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