Terms & Conditions
Nellie Supports is the trading name of Nellie Supports Ltd, a limited company
registered in England and Wales. Company Registration No. 11803393.
Registered Offices: Unit 3f Forward House Aston Business Park, Shrewsbury
Avenue, Peterborough, England, PE2 7EY.
Correspondence Address: Nellie Supports Ltd, Office 11, Unit 20, Springfield
Business Park. Grantham, Lincolnshire NG31 7FZ.
Your attention is particularly drawn to Clause 5 (Fees), Clause 7 (Cancellation) and
Clause 9 (Limitation of Liability)
1. Definitions
Nellie Supports, we, us, our means Nellie Supports Ltd
Client, you, your means the person, organisation, or legal entity receiving
our Services.
Conditions, terms means these terms and conditions and any special terms
agreed in writing.
Services means the professional services provided by us including but not
limited to: Mental Capacity Assessments, COP3 reports, AMCA reports,
EHCP support, social care planning and advice, NHS CHC advice and
appeals, conferences, training, and any ancillary work agreed in writing.
Business client means a client contracting in the course of a trade, business,
craft or profession.
Private client means an individual contracting for purposes wholly or mainly
outside their trade, business, craft or profession.
Price means the agreed price excluding VAT and additional charges (eg.
Travel, interpreters).
Website means www.nelliesupports.com
2. Basis of Contract
These Conditions govern all contracts between Nellie Supports and the Client. Any
booking, referral, or instruction constitutes acceptance of these Conditions. No
variation is binding unless agreed in writing by us.
3. Nature of the business and regulation
Nellie Supports is a private social work company. We are not a law firm and
do not practise as a regulated firm of solicitors. We are not regulated by the
Solicitors Regulation Authority.
Nellie Supports employs an authorised and regulated solicitor who may
provide legal advice or carry out non-reserved legal work, the terms of which
will be agreed with you in writing. If applicable, we will identify which parts of
your matter are carried out by a solicitor and which (if any) are carried out by
non-lawyer colleagues.
If our solicitor is involved in the provision of Services to you, this will be made
clear to you in writing. In the absence of any explicit confirmation, this means
our solicitor is not working on or supervising the work on your matter.
Clients do not benefit from the regulatory protections which apply only to law
firms which includes:
o The Compensation Fund. This is a discretionary fund operated by the
SRA which purpose is to make grants to people whose money has
been stolen or misappropriated by regulated law firms. We need to
make you aware that as Nellie Supports are an unregulated entity you
would not be eligible for a grant from the Compensation Fund.
o The SRA’s minimum terms and conditions for professional indemnity
insurance. The SRA set minimum conditions for insurance cover
regulated law firms must have in place, and this does not apply to
Nellie Supports.
We hold our own professional indemnity insurance which provides for a
maximum claim value of £100,000. This differs from the SRA’s
minimum terms and conditions which sets minimum insurance
coverage per claim of £3,000,000.
We do not carry out reserved legal activities (ie. conduct of litigation,
conveyancing, probate, notarial work, oaths). Where your matter requires a
reserved activity, we will advise you to seek independent legal representation.
Our registered Social Worker(s) are regulated by Social Work England and
Social Care Wales.
Our Chartered Psychologist(s) are regulated by the Health and Care
Professions Council (HCPC).
4. Engagement and scope
Services are provided only on the basis of these Terms and any written
engagement letter, proposal, or statement of work agreed between the
parties. Where there is any inconsistency, the written engagement letter
prevails.
We will provide Services with reasonable skill and care consistent with our
professional obligations and in compliance with relevant legislation (e.g.
Mental Capacity Act 2005, Care Act 2014, SEND Code of Practice, CPR 35).
Timelines will be communicated to you and are estimated unless statutory
(e.g. EHCP review deadlines).
5. Fees and payment
We are committed to transparency regarding the fees for our services. The
cost of any services will be communicated to you in advance, and in some
cases are published on our website.
Business clients: fees and approved invoices are payable within 30 days of
the invoice date.
Private clients: payment is due immediately, and any appointment or service
may require payment up front as stated in the engagement letter or booking
confirmation.
Travel time, mileage and out-of-pocket disbursements will be charged at the
rates stated in the engagement letter or, if not stated, at our standard rates.
Invoices must be paid in full without set-off or counterclaim.
Our preferred payment method is by bank transfer to:
Starling Bank (Sort Code 60-83-71, Account 59469964).
Alternative payment methods are:
Cheque payable to Nellie Supports Ltd
Card: Secure link on invoice or by phone (0333 987 5118).
Klarna – Pay in 3: Subject to Klarna terms and eligibility.
In the event of late payment the following fees will apply:
o £50 fee upon first reminder.
o £35 fee upon second reminder.
o £100 administration fee after the third reminder (prior to legal
escalation). We reserve the right to charge statutory interest (8% plus
Bank of England base rate) and recovery costs under the Late
Payment of Commercial Debts (Interest) Act 1998.
If you are experiencing difficulty paying, contact us immediately to discuss
arrangements.
6. Terms for Specific Services
Mental Capacity & COP3 Assessments
COP3 Part A must be completed before booking. Each decision requires its
own MCA report. Reports will be delivered within 10 working days of
assessment. Clients are expected to provide detailed and accurate
background information in advance of the assessment and ensure availability
for the appointment.
EHCP Services
Covers applications, appeals, mediation, and SEND Tribunal support. One-
Stop Evidence Pack available (desktop or premium). Statutory deadlines must
be disclosed by Client. We accept no liability for any loss or delay caused by
failure to disclose statutory deadlines.
Life Expectancy Reports
Expert CPR Part 35–compliant evidence produced using structured peer-
reviewed sources. Clients are expected to provide accurate information,
documents and consent forms.
Social Work Consultation
A consultation with an experienced Social Worker to discuss any queries or
concerns regarding any aspect of social care, agreed in advance at an hourly
rate.
Corporate & B2B
Service-level agreements may be arranged for volume instructions.
Nellie Con (Conference)
Bookings via Eventbrite; subject to Eventbrite’s refund policy.
7. Cancellation, refunds and rescheduling
Cancellation by the client made more than 24 hours before a scheduled
appointment entitles the client to a full refund of any prepayment.
Cancellation by the client made less than 24 hours before a scheduled
appointment requires the client to pay reasonable travel costs incurred by us
in relation to the appointment.
In the event of a failure to attend an appointment (‘no show’) the full fee for
the booked service is payable by the client.
In the event we need to cancel an appointment we will, where practicable,
offer an alternative appointment or refund any prepayment for that
appointment.
Refunds are not issued for completed assessments.
Bookings made for services at short notice (within 24 hours of the scheduled
appointment time) are confirmed on a non-refundable basis and no refund will
be issued in the event of cancellation or non-attendance.
Appointments may be rescheduled with 24 hours’ notice at no cost. If less
than 24 hours’ notice is given then the client will be liable for any travel costs
already incurred.
8. Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013
If you engage our services over the telephone or online, you have a right to
cancel within 14 working days in accordance with the Consumer Contracts
Regulations 2013. You may cancel your instructions by email or by post to our
Grantham office address.
If you expressly instruct us to begin work on your matter before the
cancellation period expires, and then subsequently cancel your instructions,
you agree that you may be charged a proportionate amount for any work
carried out within the cancellation period.
Please note that you lose the right to cancel under these Regulations if the
service provided has been fully performed at your request, and accordingly
you acknowledge that you lose the right to cancel once the contract has been
completed.
9. Limitation of liability
Our total liability to a client is limited as follows:
-
first, to the cost of the Service to which the claim relates; and
-
second, where a claim exceeds the cost of the Service, you agree that
the amount we would be liable to pay you following any successful claim shall not exceed £100,000 under the terms of our professional indemnity insurance. If you do not consider this amount to be adequate, and require a higher limit of indemnity, please advise us immediately.
We accept no liability for indirect or consequential losses, or for third-party
decisions (eg. Courts, tribunals, Local Authorities), based on our reports. With
respect to care funding/CHC advice, you agree that outcomes cannot be
guaranteed, and we offer no guarantees with respect to the provision of
funding.
You agree that we (Nellie Supports Ltd) are acting for you. Our employees are
not providing services on a personal basis to you, and no employee accepts
personal responsibility for any advice given or work carried out for you. You
agree that you will not bring a claim against any employee of Nellie Supports
for services they provide on our behalf.
Nothing in these Terms excludes or limits liability for death or personal injury
resulting from our negligence, or for any other liability which cannot lawfully be
excluded or limited.
10. Complaints
We operate an internal complaints procedure. Please raise any concerns with:
Director of Operations, Kerry Slater, kerry.slater@nelliesupports.com
0333 987 5118
We will acknowledge your complaint within 7 working days and aim to resolve
within 10 working days.
If you remain unsatisfied with the outcome/resolution, you may request a
review by another senior manager, who will re-evaluate the complaint and
initial resolution. The outcome of this review will be communicated within 10
working days.
If your complaint relates to the service provided by our solicitor and you
remain dissatisfied with the outcome of our internal investigation, or if eight
weeks have passed, you may have the right to complain to the Legal
Ombudsman. Further details can be found at www.legalombudsman.org.uk or
we can provide further signposting information on request.
Concerns about a solicitor’s professional conduct can be reported to the
Solicitors Regulation Authority. We will signpost the SRA’s reporting page on
request.
11. Confidentiality and data protection
We will keep confidential any personal information and records relating to you
except to the extent disclosure is required by law, is necessary to provide the
Services, or where you consent to the disclosure.
We process personal data in accordance with applicable data protection laws
including the General Data Protection Regulations (GDPR). Further details
about how we process personal data are set out in our privacy notice, which
will be provided on request or which you can find on our website.
12. Intellectual property
Unless agreed otherwise in writing, we retain all intellectual property rights in any
reports, assessments, templates and materials produced in providing Services to
you.
13. Conflicts of interest
We will notify you if we become aware of any conflict of interest that would affect our
ability to provide Services, and we will propose a course of action to manage that
conflict. If a conflict cannot be managed to the mutual satisfaction of the parties, we
may decline or withdraw from the engagement.
14. Safeguarding
We follow safeguarding policies under the Care Act 2014 and Social Services and
Well-Being (Wales) Act 2014. Our employees are trained to escalate concerns to
Local Authorities if risk of harm is identified. We may suspend or terminate services if
safeguarding requires it.
15. Force Majeure
We are not liable for delay caused by events outside reasonable control (e.g., illness,
transport failure, IT disruption, natural disaster).
16. Termination
Either party may terminate an engagement on written notice if the other party
commits a material breach of these Terms and (if the breach is remediable)
fails to remedy it within 14 days of written notice specifying the breach.
On termination the client must pay for all Services performed and expenses
incurred up to the date of termination and any unavoidable costs reasonably
incurred as a result of termination.
17. Governing law and jurisdiction
These Terms are governed by and construed in accordance with the laws of England
and Wales. The courts of England and Wales have exclusive jurisdiction in relation to
any dispute arising under or in connection with these Terms.
18. Miscellaneous
No waiver by us of any breach of these Terms shall be construed as a waiver
of any continuing or subsequent breach.
If any provision of these Terms is found by any competent authority to be
invalid or unenforceable in whole or in part, the validity of the other provisions
shall not be affected.
These Terms, together with any engagement letter, constitute the entire
agreement between the parties in respect of the Services.
By instructing Nellie Supports you accept and agree to be bound by these Terms and
Conditions.