Irene is a Professional Deputy who has been appointed to look after Jim – an adult with complex care needs who requires round-the-clock care. Jim’s care package was being provided by Care4u Ltd. It was expensive and did not meet his needs.
This placed a great deal of additional strain on the family, and Irene was concerned that Jim’s interests were not being met. Having lost confidence in the agency, Irene sought legal advice.
Irene contacted our Employment lawyers from our offices in Croydon. We advised Care4u that they were in breach of contract by passing on the maternity suspension costs and by failing to deliver the appropriate care as set out in Jim’s care plan.
We also threatened them with contractual remedies and advised that we would need to report them to the CQC if they did not resolve this situation.
Care4u did not pass on the costs of the maternity suspension, and began to deliver the rota more effectively.
We then advised Irene on the contractual and Employment Law implications of various longer-term options. Irene, in conjunction with the family, decided that the cheapest and safest option was to employ carers directly, even though this would mean that the Estate would have to comply with TUPE. Working in close collaboration with Jim’s case manager:
Jim’s Estate avoided the cost of an expensive maternity suspension and he and his family saw a radical improvement in the standard of his care.
We advised on cancelling the Agency Agreement to bring his care in-house, meaning that Estate directly employed his carers. For Jim, this meant drawing on a smaller pool of familiar and skilled carers.
Irene and Jim’s Case Manager were now able to take greater control of the care package. In addition, money that was previously spent on agency fees has been saved.
If you are a Professional Deputy or Attorney and require advice and assistance on any Employment Law matter, we can help. Contact us today on 01273 609911, or email
firstname.lastname@example.org to find out more.
Martin Searle Solicitors is the trading name of ms solicitors ltd, which is authorised and regulated by the Solicitors Regulation Authority, and is registered in England under company number 05067303.© 2022