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Registration Number: {{org_field_registration_no}}

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Service User Agreements and Termination Policy

1. Purpose and Scope

The purpose of this Service User Agreements and Termination Policy is to establish clear guidelines for creating, managing, and terminating service user agreements within {{org_field_name}}. This policy ensures that service users and their families fully understand their rights and responsibilities, the terms of service provision, and the process for terminating services if required. It aims to promote transparency, fairness, and person-centred care while protecting the rights of both service users and the company.

This policy applies to all service users, their families or advocates, and staff involved in service delivery, care planning, and contract management. It covers the entire lifecycle of the service user agreement, from the initial consultation and contract signing to termination and final review.

2. Policy Statement

{{org_field_name}} is committed to:

• Providing clear, comprehensive service user agreements that outline the terms of care.
• Ensuring that service users understand their rights, responsibilities, and the scope of services.
• Supporting fair, respectful, and transparent service termination when necessary.
• Protecting the dignity and well-being of service users throughout the agreement process.
• Complying with all legal and regulatory requirements regarding service agreements and terminations.

3. Legal and Regulatory Framework

This policy aligns with the following legislation and guidelines:

• Care Act 2014
• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
• Mental Capacity Act 2005
• Equality Act 2010
• Data Protection Act 2018 (GDPR)
• Care Quality Commission (CQC) Fundamental Standards

Adherence to these standards ensures that service user agreements are fair, transparent, and legally compliant.

4. Service User Agreement Development

The service user agreement is a formal contract outlining the terms of care provision. Our process for developing these agreements includes:

4.1 Initial Consultation:

• Conducting a comprehensive needs assessment to understand the service user’s care requirements.
• Discussing the scope of services, including personal care, companionship, and healthcare support.
• Identifying any specific preferences, cultural considerations, and communication needs.

4.2 Drafting the Agreement:

• Detailing the type, frequency, and duration of care services.
• Specifying the roles and responsibilities of both the service user and the company.
• Including information about fees, payment schedules, and funding arrangements.
• Outlining procedures for care plan reviews, complaints, and termination.

4.3 Review and Approval:

• Providing the draft agreement to the service user and their representative for review.
• Offering explanations for any clauses or terms that require clarification.
• Allowing adequate time for consideration before signing.

4.4 Signing the Agreement:

• Ensuring that the service user has capacity and consents to the agreement.
• Involving an advocate if the service user requires support.
• Both parties signing and dating the agreement, with copies provided to all stakeholders.

5. Content of the Service User Agreement

The service user agreement includes the following key sections:

1. Personal Information: Service user’s name, address, contact details, and next of kin.
2. Scope of Services: Detailed description of the care services to be provided.
3. Care Plan: Personalised care plan outlining specific needs and goals.
4. Fees and Payment: Breakdown of costs, payment methods, and invoicing schedules.
5. Terms and Conditions: Responsibilities, obligations, and expected conduct for both parties.
6. Cancellation and Termination: Grounds and procedures for ending services.
7. Complaints and Disputes: Process for raising and resolving concerns.
8. Confidentiality and Data Protection: How personal information will be handled.

6. Reviewing and Amending Agreements

Service user agreements are reviewed regularly to ensure they remain relevant and effective. This includes:

• Annual Reviews: Formal reviews conducted annually or sooner if care needs change.
• Care Plan Updates: Amending the agreement when care plans are adjusted.
• Communication: Informing the service user and their representative of any changes.
• Documentation: Recording all changes and obtaining signed consent for amendments.

7. Termination of Service User Agreements

Termination may be initiated by either the service user or the company under specific circumstances. Termination procedures are designed to protect the dignity and well-being of the service user while ensuring fairness and compliance with contractual obligations.

7.1 Termination by the Service User: Service users may terminate the agreement for reasons such as:

• Improved health or reduced care needs.
• Dissatisfaction with services.
• Relocation to another care setting.
• Personal preference.

Termination by the service user requires:

• Written notice, typically 28 days in advance unless otherwise specified.
• A final care review to ensure a smooth transition.
• Settlement of any outstanding fees.

7.2 Termination by the Company: The company may terminate the agreement under the following conditions:

• Significant changes in care needs beyond the company’s capacity.
• Non-payment of fees despite reasonable reminders.
• Abusive or unsafe behaviour towards staff.
• Repeated breaches of the agreement.

Termination by the company involves:

• Providing written notice, typically 28 days in advance.
• Conducting a final review to support transition to alternative care.
• Communicating with family members and healthcare providers.

7.3 Immediate Termination: Immediate termination may be required if:

• There is a significant risk to the safety of staff or service users.
• The service user’s condition changes suddenly, requiring specialised care.
• Legal obligations necessitate termination.

In such cases, the company ensures that the service user is supported in accessing alternative care.

8. Transition and Handover Process

When a service user agreement is terminated, a structured transition process ensures continuity of care. This includes:

• Final Review: Assessing current needs and preparing a transition plan.
• Communication: Informing healthcare providers, family members, and other stakeholders.
• Records Transfer: Sharing relevant care records with the new care provider, subject to consent.
• Follow-Up: Conducting a post-termination check to ensure the service user’s well-being.

9. Complaints and Dispute Resolution

If disagreements arise regarding service user agreements or terminations, our complaints procedure ensures fair and timely resolution:

1. Informal Resolution: Addressing concerns through open communication.
2. Formal Complaint: Submitting a written complaint, acknowledged within 24 hours.
3. Investigation: Conducting a thorough investigation within 10 working days.
4. Resolution: Communicating outcomes and implementing corrective actions.

If the service user remains dissatisfied, they may escalate the complaint to the Care Quality Commission (CQC) or the Local Government and Social Care Ombudsman.

10. Data Protection and Confidentiality

All personal information related to service user agreements is handled in accordance with GDPR and the Data Protection Act 2018. This includes:

• Secure storage of signed agreements and related documentation.
• Restricted access to authorised personnel only.
• Safe disposal of records after the retention period expires.

11. Staff Training and Competency

All staff involved in service user agreements and terminations receive comprehensive training, including:

• Understanding legal and contractual requirements.
• Conducting person-centred assessments and reviews.
• Communicating effectively with service users and families.
• Managing disputes and safeguarding concerns.

Training is refreshed annually, and staff competency is regularly assessed.

12. Quality Assurance and Continuous Improvement

We ensure the quality-of-service user agreements through:

• Regular audits of agreement processes and documentation.
• Service user and family feedback to identify areas for improvement.
• Incident analysis and lessons learned from terminations.
• Policy reviews and updates based on best practices and regulatory changes.

13. Policy Review and Updates

This policy is reviewed annually or sooner if there are legislative changes, updated guidelines, or findings from audits and feedback. Any changes are communicated to staff, and additional training is provided if necessary.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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