Good point - it's a long time since I did any contractual law :/
I think we are both agreed then that it is not unreasonable for the
student to pay for continually missed sessions having been given fair
warning and assuming there are no genuine reasons for late cancellation.
The only remaining question is how the funds are recovered. I suspect the
LEA in question has taken the stance they have due to the difficulty and
administration costs involved in trying to recover the funds from the
student. Of course such difficulties apply equally to the service
provider but I'm sure a satisfactory arrangement could be negotiated (as
opposed to one party dictating to the other). However, I suspect that
once the potential financial implications are pointed out to the student,
late cancellations may cease to be a problem.
St.John
-----Original Message-----
From: Michael Trott [mailto:[log in to unmask]]
Sent: 16 May 2003 11:07
To: [log in to unmask]; Skeates,St.John DEAL Awards Tm
Subject: Re: payment for missed DSA tutorials
In a message dated 16/05/03 15:55:38 GMT Daylight Time,
[log in to unmask] writes:
<< "HEIs set costs, so why are the LEAs dictating
contractual conditions?"
Because the LEA pays the bill?
The contract is between the support provider and the LEA so they both
have a responsibility to negotiate mutually acceptable terms. >>
Not quite true. The DSA funds are attached to the student once
eligibility is
estab;lished. The LEA usually administers this on the students behalf.
IHowever, if you accept that the LEA has a contract with the support
provider
then the LEA should pay them for being available as agreed and recover
the
cost from the student.
I can see that it is reasonable to stiop wasting money if the student is
not
using the support but it is not fair for the support worker to lose out.
Mick Trott
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