Statutory Notice

The insured received a Notice of intention to cancel her registration as a childminder on the Early Years Register, on the grounds that she had failed to properly safeguard the children in her care. Principally, the concerns related to the insured failing to maintain the condition of the garden, with gaps in the fence, potholes, loose paving etc all posing a risk to the children. She was living in rented accommodation at the time and had since moved. The claim was accepted and ARAG appointed panel solicitors on the same day.

The solicitors raised objections to the Notice of intention to cancel the registration, which were not accepted by Ofsted, they placed prospects of successfully appealing at 65%.

The matter was listed for a 3-day hearing at the First Tier Tribunal. With ARAG appointed solicitors’ submissions, the appeal was successful, resulting in the cancellation not coming into effect and the insured remaining registered as a childminder. The insured was pleased with the outcome as these kinds of cases can be difficult to win.

ARAG paid the legal costs of £25,122.

Debt Recovery scenario

The insured owned a nursery school. One of their parents owed £1,952 in unpaid fees and despite repeated requests, failed to pay. They turned to ARAG after failing to get a response to fee demand letters available from the Legal Services website. Proceedings were issued and judgment obtained. High Court bailiffs were instructed to seize goods to the value of the judgment.

Costs met by ARAG: £655

Tax Protection scenario

The insured received a letter from HM Revenue & Customs (HMRC) confirming that they intended to make an enquiry into the insured’s tax return for the previous year. The insured contacted ARAG who passed the claim on to a tax consultant. After extensive investigation, HMRC confirmed that the tax return was in order with appropriate tax paid.

ARAG settled the tax consultant’s invoice for £6,750.

Legal Defence scenario

Following an accident at the our insured’s pre-school the Health & Safety Executive charges were brought for breaches of health and safety regulations. ARAG were advised of the claim and instructed a specialist solicitor who successfully defended the charges, ARAG settled the solicitor’s fees of £2,350.

 

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