Contracts
Commissioning Contracts and Fee Disputes
Commissioners of care will carry out contract monitoring visits of services to ensure providers are meeting the terms of their contract. These visits may take place as a matter of course, or because they have been prompted by a safeguarding alert or a regulator visit.
Sometimes these visits are used to try and reduce fees or result in commissioners seeking to cancel the contract based on an alleged breach of contract. Sometimes they will try and remove residents.
Often the actions of the commissioner can influence those of the regulator, and vice-versa.
Ridouts can help you by:
- challenging contract monitoring findings
- challenging cancellation of contracts
- challenging the removal of service users by helping residents to secure their own legal representation in conjunction with providers
- challenging commissioner attempts to reduce fees
- reviewing contracts to analyse whether a fee increase is payable
Outcomes achieved include:
- Initiation of court proceedings for failure to pay fees leading to settlement outside of court
- Successful challenge to cancellations/suspension of commissioning contracts
- Re-negotiated fee rates

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