DCW68-Service User Agreements and Termination Policy

Registration Number: {{org_field_registration_no}}

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 2016and The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017.

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.

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.

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.

4. Managing Changes to Agreements Efficiently

4.1 Reviewing and Amending Agreements

Care needs may change over time. Therefore, service user agreements must be reviewed at least every six months, or 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:

Provide a minimum of 14 days’ written notice, unless an emergency requires immediate termination.
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 Notice Periods and Dispute Resolution

To ensure fairness:

At least 14 days’ notice must be provided for non-emergency terminations.
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 appeal any termination decision by submitting a complaint to the Registered Manager, and if unresolved, to Care Inspectorate Wales (CIW).

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.

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.