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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Service User Agreements and Termination Policy

1. Purpose

The purpose of this policy is to ensure that all service users entering into an agreement with {{org_field_name}} have a clear understanding of the terms, conditions, rights, and responsibilities associated with receiving domiciliary care services. This policy also outlines the processes for terminating agreements in a fair, transparent, and legally compliant manner, in accordance with the Regulation and Inspection of Social Care (Wales) Act 2016 and The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 as amended, and having regard to the Welsh Government Statutory Guidance for providers of care home and domiciliary support services (last updated 27 March 2024), which Care Inspectorate Wales (CIW) uses to inform regulation and inspection.

This policy ensures that service users, their families, and our staff understand the terms under which care is provided, how changes can be made, and how services can be ended amicably while protecting the well-being of service users.

2. Scope

This policy applies to:

• Service users and their representatives who enter into an agreement with {{org_field_name}} for the provision of domiciliary care services.
• Registered Managers, Care Coordinators, and Responsible Individuals who oversee the development, implementation, and enforcement of service agreements.
• Care staff responsible for ensuring service delivery aligns with the agreed terms.

It covers:

• The service user agreement process.
• Key terms and conditions of the agreement.
• Amendments to agreements due to changes in service needs.
• Circumstances under which services may be terminated by the service user or by {{org_field_name}}.
• Notice periods and dispute resolution mechanisms.

3. Principles of Service User Agreements

3.1 Person-Centred Agreements

All service user agreements must be individualised and person-centred, ensuring that the contract reflects:

• The personal outcomes and preferences of the service user.
• Their care and support needs, as identified through a full assessment.
• Clear, simple language, ensuring the user fully understands the agreement.
• Transparent pricing, outlining all associated fees for services.
• Flexibility, allowing for adjustments in response to changing needs.

All agreements must be signed by the service user (or their representative) and a representative from {{org_field_name}} before care begins.

3.2 Initial Consultation and Agreement Development

Prior to signing an agreement, a Registered Manager or Care Coordinator must:

• Conduct a detailed assessment to determine the level and type of care required.
• Explain all terms and conditions, costs, and service expectations in a clear and accessible manner.
• Provide the service user with a copy of the agreement and allow adequate time for review.
• Answer any questions and ensure the individual understands their rights, obligations, and service limitations.
• Confirm that the agreement aligns with CIW regulations and Welsh Government guidelines.

The agreement must be non-discriminatory and compliant with equality, diversity, and inclusion policies​.

Before care starts (or as soon as practicable for urgent starts), we will provide the individual (and/or their representative) with a written estimate of the costs payable by the individual, in an accessible format. This will include details of any likely additional costs and charges. Where the person is a child looked after, this cost information will also be provided to the placing authority.

3.3 Key Terms of the Service User Agreement

Every service user agreement must include:

• Personal information of the service user.
• Description of services to be provided, including frequency and duration of visits.
• Agreed care plan and personal outcomes.
• Details of fees and payment terms, including acceptable payment methods and any potential additional costs.
• Cancellation and refund policies for scheduled services.
• Responsibilities of both the service provider and service user.
• Health and safety obligations, including risk assessments.
• Procedure for complaints, concerns, and feedback​.
• Confidentiality and data protection arrangements, ensuring compliance with GDPR.
• Information about any costs payable by the individual and what those costs cover, including any likely additional costs/charges.
• Where care is commissioned/arranged by a local authority or other placing authority: information about any costs payable by the placing authority and what they cover.
• How payments are to be made, including invoicing frequency and payment timescales.
• Any late payment charges (if used), including when they apply and how they are calculated.
• Arrangements and timescales for notifying the individual (and/or representative) of contractual changes, including fee increases (what notice will be given, how it will be communicated, and the individual’s options if they do not agree).
• A requirement that the individual (and/or representative) is given a signed copy of the agreement and receives support as necessary to understand it (including accessible formats/communication support).
• Confirmation that service agreements and contracts are in line with consumer law.

Service users should receive a copy of the agreement in a format accessible to them, including options for braille, large print, or translated copies if required.

3.4 Written Guide to the Service (Regulation 19)

{{org_field_name}} will prepare and maintain a written guide to the domiciliary support service. The guide will be dated, reviewed at least annually and updated as necessary, and provided to all individuals receiving care and support (and, where applicable, the placing authority and any representative). The guide will be available in plain language and in formats appropriate to the individual’s needs (for example: large print, audio, translated versions, visual aids), and we will provide any support needed to help the person understand its contents.

The written guide will include, as a minimum:

• how to raise a concern or make a complaint, and how to escalate concerns if not satisfied;
• information about the availability of advocacy services and how to access them;
• how to access the most recent CIW inspection report (and published ratings where applicable) and the most recent annual return;
• key staff supporting the person and how to contact the Responsible Individual;
• contact details and the role of: CIW (service regulator), Public Services Ombudsman for Wales, Citizen Voice Body (Llais), and (as appropriate) the Older People’s Commissioner for Wales and/or Children’s Commissioner for Wales;
• fees (range), any additional fees/costs payable, how to pay, and notice of fee increase arrangements;
• terms and conditions including circumstances where the service may cease and notice periods; and
• how individuals can access their own records.

3.5 Consumer law and cancellation rights

Service agreements will comply with consumer law, including requirements for clear pre-contract information and fair contract terms. Where a contract is agreed off-premises (for example, signed in the individual’s home) or at a distance (for example, by phone/email), the individual may have a 14-day cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If the individual asks us to start providing services during the cancellation period, we will obtain the required express request/consent and explain any proportionate charges that may apply if they cancel after services have begun.

4. Managing Changes to Agreements Efficiently

4.1 Reviewing and Amending Agreements

Care needs may change over time. Therefore, service user agreements will be reviewed at least every three months, and sooner if:

• The service user’s health or personal circumstances change.
• A risk assessment identifies new challenges.
• The service user requests modifications to their support plan.
• There are changes in regulatory or funding provisions.

When amendments are required:

• A meeting will be arranged between the service user, their representative, and a senior staff member.
• The proposed changes will be discussed and documented.
• A revised agreement will be issued and signed by all parties before implementation.

All changes must comply with CIW regulations and be documented accurately in the service user’s care plan​.

5. Termination of Service User Agreements

5.1 Termination by the Service User

A service user may choose to terminate their agreement under the following circumstances:

• They no longer require care services.
• They wish to switch to another care provider.
• They are moving to a care home or alternative living arrangement.
• They are dissatisfied with the service and wish to seek alternative care.

To terminate an agreement, the service user must:

• Notice periods will be those set out in the individual’s service agreement and will be clear, proportionate and fair. We will not use notice periods or fees/charges that would be inconsistent with consumer law. Where an individual wishes to end the service sooner due to safeguarding concerns, serious service failure, or a significant change in circumstances, we will work with them to agree a safe and reasonable end date and any transition arrangements.
• Discuss any final care visits or transition arrangements.
• Settle any outstanding payments or invoices.

Where service users experience difficulties terminating the agreement, {{org_field_name}} will provide support, advice, and referrals to advocacy services if necessary.

5.2 Termination by {{org_field_name}}

The organisation may need to terminate an agreement under the following conditions:

• Non-payment of fees after multiple reminders.
• Persistent refusal of care, putting the service user’s well-being at risk.
• Abusive or aggressive behaviour towards staff.
• Significant deterioration in health, requiring specialist care beyond our capacity.
• Breach of the agreement, such as refusal to follow safety protocols.

In such cases:

• A written notice of termination will be issued, explaining the reason and effective date.
• Reasonable efforts will be made to transition the service user to another provider, ensuring continuity of care.
• The service user or their family will be provided with support in finding alternative arrangements.

All termination decisions will be fair, documented, and compliant with CIW regulations​.

5.3 When we can no longer meet needs

If, as a result of a change in the individual’s assessed needs, {{org_field_name}} is no longer able to meet those needs even after making any reasonable adjustments, we will immediately provide written notification to the individual and any representative and, where applicable, to the service commissioner and placing authority. We will work with the individual and relevant partners to support a safe and planned transition and continuity of essential care, and our communications and actions will be consistent with consumer law.

5.4 Notice Periods and Dispute Resolution

To ensure fairness:

• Notice periods will be those set out in the individual’s service agreement and will be clear, proportionate and fair. We will not use notice periods or fees/charges that would be inconsistent with consumer law. Where an individual wishes to end the service sooner due to safeguarding concerns, serious service failure, or a significant change in circumstances, we will work with them to agree a safe and reasonable end date and any transition arrangements.
• Immediate termination may occur if safety concerns arise.
• Any disputes or concerns regarding termination will be addressed through an internal resolution process, involving mediation where necessary.

Service users have the right to raise concerns and complaints through {{org_field_name}}’s complaints process. If unresolved, they may escalate concerns to the relevant commissioner (where applicable) and/or seek support from Llais (Citizen Voice Body). They may also complain to the Public Services Ombudsman for Wales where appropriate. Information on these routes (including contact details) is provided in our Written Guide to the Service.

6. Efficiency in Managing Service User Agreements and Terminations

To ensure smooth operation, {{org_field_name}}:

• Uses digital contract management systems to store and track agreements.
• Provides comprehensive training for staff on agreement procedures.
• Implements internal audits to ensure compliance with CIW regulations.
• Maintains clear communication channels for addressing concerns efficiently.

7. Related Policies

This policy should be read alongside:

• Person-Centred Care Policy (DCW07)​.
• Risk Management and Assessment Policy (DCW18)​.
• Receiving and Acting on Complaints Policy (DCW14)​.
• Confidentiality and Data Protection Policy (DCW34)​.

8. Policy Review

This policy will be reviewed annually, or sooner if there are legislative or procedural changes affecting service user agreements and terminations.

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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}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.