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Additional issue that could alter this situation, has come to light so is there a better or separate case now?
The facts are that care was paid for in advance for 27 days within the term of the contract, this was for 2 x 30 minute period per day, am & pm.
On each visit the carer has to fill in the clients log. This shows the date of the visit, the time arrived and the time they left, if it was an am or pm visit and any observations about the client signed by the visiting carer. Therefore there should be two entries per day
The log shows that on 3 occasions they spent less than the contracted 30 minutes with the client, 10, 11 and 20 minutes respectively, there is no explanation given for the shortened visit.
There is also doubt that 3, if not 5 visits were never made. Three entries are completely missing and a further two have "nothing to report" written across the page they are not timed, signed or dated.
On the above info should we be looking at a breach of contract as well as the refund, or instead off?
The facts are that care was paid for in advance for 27 days within the term of the contract, this was for 2 x 30 minute period per day, am & pm.
On each visit the carer has to fill in the clients log. This shows the date of the visit, the time arrived and the time they left, if it was an am or pm visit and any observations about the client signed by the visiting carer. Therefore there should be two entries per day
The log shows that on 3 occasions they spent less than the contracted 30 minutes with the client, 10, 11 and 20 minutes respectively, there is no explanation given for the shortened visit.
There is also doubt that 3, if not 5 visits were never made. Three entries are completely missing and a further two have "nothing to report" written across the page they are not timed, signed or dated.
On the above info should we be looking at a breach of contract as well as the refund, or instead off?
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