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Ben Jones
Ben Jones, UK Lawyer
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Is a caring/nursing agency responsible for paying for

Resolved Question:

Is a caring/nursing agency responsible for paying for pre-booked transport, if they cancel care, within less then 24 hrs notice?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Please can you provide some background information on the situation so that I can advise? Thank you

Customer: replied 1 year ago.
Ben, thank you for your swift reply.
My son has duchenne muscular dystrophy, and relies on carers trained with a varity of equipment to take him out, so I can go to work. On many occasions care as been canceled at short notice.
The last time care was canceled ther was already transport booked.care was cancelled about 7.20 am. The transport company
Opens at 9 am. There is no option to cancel until the phone lines open (9am). I don't belive it is fair that my son should have to pay a cancelation fee each time if it is not his fault. He is unwell quite often and pays enough cancellation charges throughout the year.
On this occasion the cinema was already booked, and I must point out that he pays all cost for these carers to go with him. ( nice work, getting paid to watch a movie).
I belive the care company should be reinbursing him for these charges,
Is this even possible?
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

The first thing you must consider is whether the agency has anything in their terms and conditions with you which allows them to cancel care at such short notice. If that is allowed under the contract you have with them then it would be extremely difficult for you to try and claim anything from them because you would have been aware of their cancellation terms and would have been expected to arrange any transport taking these into account. So for example it would mean ensuring that transport is booked at times when you are also able to contact them and cancel it at short notice if needed.

If the agreement had no provisions for early cancellation and the agency did cancel with unreasonably short notice, then you could accuse them of being in breach of contract and in tur to compensate you for any losses incurred as a result of their breach. The issue is that whatever you accuse them of they are not obliged to agree with you and compensate you so if they refuse to then the only way to do so could be by going to the small claims court.

This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow to try and take this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Customer: replied 1 year ago.
The caring/nursing agency's contract is between them and CCG (NHS).
We have never seen this, would I be intitled to see this?
(I needed to know what is in this contract, as I wanted to sue for loss of earnings each time they failed to supply care, but I will ask you this as a separate question in the near future.)
Would I have to follow a certain protocol to request a copy of this contract,
And a little concerned that the request would be refused as I have already involved The Care Quality Commission, and that seems to have put me out of favour with everyone concerned.
Expert:  Ben Jones replied 1 year ago.

Hi there, if you are affected by the terms of that contract, such as cancellation fees, etc then you should be able to see it or at least be told what the relevant terms are. There is no formal protocol to ask for it, you just have to contact the relevant department and ask for it. If the request is concerned then strictly speaking if there is no personal information about you in the document, they can potentially refuse to issue a copy or let you see the terms