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carers in your home

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stewinapot1 | 12:04 Thu 22nd Sep 2011 | Law
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my parents receive personal care paid for by the council from a private company

on looking at the terms of contract it states that if one of there members of staff/carers break lose etc. then the company will not be responsible and that the home owner would have to claim off their house insurance,.

is this legal ?

how can the home owner be made to be responsible for the staff incompatance
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Yes, it's legal because it is not a legal issue. In the cases they describe it would be a civil matter between the member of staff and the "victim". This is a standard legal disclaimer. essentially they have 50 pages of legal speak meaning "anything bad that happens is not our fault"!
What is there that could be broken. If you were to employ a cleaner to hoover, wash up, fill the washing machine in your own house. and the hoover broke, just through wear and tear, would you expect the cleaner you have employed to pay for a repair or replacement?
I think most public services have clauses to protect them being charged for minor breakages .

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