Should I call a witness or get a statement for a small claims court hearing

[imsi]

I am claiming a refund from a nursing home.
My mother paid full price for her room while an application for council funding was going through. The council negotiated a price for the period in question based on no further contribution from my mother. The council have repaid their part of what was paid but the nursing home refuse to repay their part.
I'm unsure exactly what questions may be asked of the council. Can I demandt a member of the council staff to be present or go with the statement they have offered to give.
Any help on this or general advice on small claims hearings welcome

[factor-fiction]

I don't think there is any need for the council to attend if all the details are set out in writing and there is no dispute about whether the council have repaid you.
Have the Nursing Home given their reason for refusing to pay.

[tonywiltshire]

If you attending the small claims track of the county court you will find it is run in a very relaxed way with the judge, who will not be robed, should be addressed as sir or madam, the hearing will be in a room rather than a court and the normal rules of evidence are not enforced.
You will have made your claim and the nursing home has decided to defend their position, as f 30 says providing you have documentary evidence regarding the position of the local council you should not need to call them, concentrate on the reasons the nursing home may have given for not paying, these are what you must convince the district judge are incorrect.

[joko]

so you mean the home have been paid twice for your mothers stay?

[Skyline D]

The facts are a wee bit vague here but it's certainly perfectly normal for a Council to be a lesser room rate for the same facilities at a nursing home than private residents do. If that's why a refund is being claimed it's on dodgy ground I suspect.

However, that wasn't the question asked. I don't believe you can "demand" a member of council staff appear on your behalf, no.

[tonyav]

Might be worth having a chat about this with Citizens Advice.

[imsi]

When my mothers savings fell below £23000 pounds she was entitled to apply for a "12 week disregard of nursing home fees". This is to give her time to sell her home. The council then ask if there is to be any contribution towards the cost of these 12 weeks from her family or other sources. It was agreed there would be no other contributions. On this basis, the council then negotiates a rate for the room (less than the full rate) which, if everything had been agreed in advance, would have been all the nursing home would have received.
For reasons I don't entirely know, the process of negotiating a price and assessing my mothers entitlement went on for months after the date of the 12 weeks in question. Since she had been paying the full amount, I am trying to claim the difference.
The home's defence is that "Having already received the fees for this period, at no time did the home agree to refund the difference between the rate agreed and paid by the resident (my mother) during this 12 week disregard period paid by the Council" (I have quoted exactly but omitted naming the parties involved, substituting general terms).
Thanks for the help so far.

[imsi]

Joko, no they haven't been paid twice, although they nearly were. I managed to convince the council to pay back their share directly to my mother.
If they had, I'd have been trying to get back £9000 not £2000