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Service User Agreements and Termination Policy

1. Purpose

This policy outlines our approach to Service User Agreements and the termination process in our care home, ensuring that all agreements are clear, legally compliant, and person-centred. It ensures that all individuals receiving care and support have a comprehensive understanding of their rights, responsibilities, and the terms of their care agreement. This policy also establishes a fair, transparent, and legally compliant process for terminating agreements, ensuring the dignity, rights, and well-being of the people we support.

This policy is developed in compliance with CQC regulations, the Health and Social Care Act 2008, the Care Act 2014, the Consumer Rights Act 2015, the Mental Capacity Act 2005, and the Equality Act 2010. It aligns with Regulation 9 – Person-Centred Care​, Regulation 10 – Dignity and Respect​, Regulation 16 – Receiving and Acting on Complaints​, and Regulation 17 – Good Governance​.

2. Scope

This policy applies to:

• All people we support who enter into a care agreement with our organisation.
• Their families, legal representatives, and advocates involved in their care planning.
• Care home staff responsible for implementing agreements and managing termination processes.
• External agencies, including local authorities, NHS commissioners, and legal representatives, where applicable.

3. Related Policies

• CH07 – Person-Centred Care Policy (Ensuring agreements align with individual needs and preferences).
• CH08 – Dignity and Respect Policy (Upholding the dignity and rights of individuals throughout their stay).
• CH16 – Receiving and Acting on Complaints Policy (Providing a clear dispute resolution process).
• CH17 – Good Governance Policy (Ensuring proper documentation and compliance).
• CH39 – Mental Capacity and Deprivation of Liberty Safeguards Policy (Ensuring lawful decision-making where individuals lack capacity).

4. Service User Agreements: Establishing Clear Terms

Every person receiving care at {{org_field_name}} must have a formal written agreement, signed by them (or their legal representative) and the care home. This agreement must include:

• Personalised Care Plan – Based on an initial assessment, outlining the individual’s specific care and support needs.
• Services Provided – A breakdown of accommodation, personal care, nursing care (if applicable), meals, activities, and any additional services.
• Financial Arrangements – Including weekly/monthly fees, funding sources (self-funded or local authority), payment methods, and review processes.
• Rights and Responsibilities – The responsibilities of the care home and the person we support, including conduct, compliance with policies, and care expectations.
• Privacy and Data Protection – How personal information will be handled in accordance with GDPR and Data Protection Act 2018.
• Complaints and Disputes – The process for raising concerns or complaints, aligning with our CH16 – Receiving and Acting on Complaints Policy.
• Agreement Review – Regular six-monthly or annual reviews to ensure the agreement remains appropriate.

Before signing, the Registered Manager or a delegated staff member must explain the terms of the agreement in a way that the person can understand, offering support where necessary. If the person lacks capacity, decisions must follow the Mental Capacity Act 2005 best interest process.

5. Service User Rights and Responsibilities

The agreement outlines the rights of the person we support, including:

• The right to be treated with dignity and respect.
• The right to privacy, confidentiality, and autonomy in decision-making.
• The right to raise complaints without fear of discrimination or retaliation.
• The right to participate in care planning and review discussions.

The agreement also specifies responsibilities, such as:

• Respecting staff, other residents, and property.
• Informing staff of medical or care needs that may change.
• Complying with the care home’s policies and procedures to maintain a safe environment.

6. Termination of Agreement: Grounds and Procedures

Service User Agreements may be terminated under the following circumstances:

6.1 Voluntary Termination by the Person We Support or Their Representative

A person may choose to leave our care home voluntarily due to:

• Moving to a different care setting (e.g., hospital, nursing home, supported living).
• Returning home with an adequate support package.
• Personal choice or change in financial circumstances.

In such cases:

• A written notice period of 28 days (unless otherwise specified) is required.
• The Registered Manager must arrange a review meeting to ensure a safe transition.
• The care home must assist with discharge planning in collaboration with external professionals.

6.2 Termination by the Care Home

Termination by {{org_field_name}} will only occur in specific circumstances, such as:

• Non-payment of fees, despite repeated attempts to resolve financial issues.
• Serious breaches of the agreement, including behaviour that poses a risk to staff, residents, or visitors.
• Significant changes in care needs that cannot be safely met within our service.
• Regulatory or legal reasons, such as orders from safeguarding or commissioning authorities.

Before termination:

• A formal meeting will be held with the individual (and/or their representative) to discuss concerns.
• Alternative arrangements will be explored, including potential referrals to other care providers.
• Where termination is unavoidable, a minimum notice period of 28 days will be given unless there is immediate risk to safety.

6.3 Emergency Termination (Exceptional Circumstances)

In rare cases, immediate termination may be necessary, including:

• Significant safeguarding concerns that require urgent intervention.
• Court orders or legal enforcement requiring removal.
• Violent, abusive, or criminal behaviour threatening the safety of others.

In such cases:

• Emergency safeguarding procedures will be followed.
• Alternative care arrangements must be identified urgently in collaboration with local authorities and families.
• A full incident report will be documented, and relevant authorities (e.g., CQC, safeguarding teams) will be informed.

7. Appeals and Complaints Process

• If a person disagrees with the termination decision, they may appeal in writing within 7 days.
• Appeals will be reviewed by the Registered Manager and a senior decision-maker.
• The outcome will be communicated in writing within 14 days.
• If unresolved, the case may be escalated to the Local Authority, Ombudsman, or CQC.

8. Record Keeping and Confidentiality

• All agreements and termination notices must be documented securely.
• Confidential information must be handled in accordance with the CH34 – Confidentiality and Data Protection Policy.
• Any disputes or concerns must be recorded and stored for regulatory and legal purposes.

9. Staff Training and Responsibilities

• Staff involved in care agreements and terminations must receive regular training in:
  • Person-centred care planning and legal frameworks.
  • Communication techniques to support individuals in understanding agreements.
  • Managing disputes and ensuring fair termination processes.
• The Registered Manager is responsible for ensuring compliance with this policy.

10. Policy Review

This policy will be reviewed annually or sooner if legislative, regulatory, or operational changes occur.

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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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