CH187-Commissioning and Contracts Policy
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Registration Number: {{org_field_registration_no}}
Commissioning and Contracts Policy
1. Purpose
The purpose of this policy is to ensure that {{org_field_name}} establishes and maintains robust, transparent, and compliant systems for the commissioning and contractual management of home care services. The policy sets out how we work with commissioning authorities, private funders, and other stakeholders to agree, implement, and review contracts to deliver safe, effective, and person-centred care. It supports our obligations under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and is designed to give clear guidance to staff and assurance to CQC inspectors.
2. Scope
This policy applies to all commissioning activities, contracts for service provision, and arrangements made between {{org_field_name}} and commissioners including local authorities, NHS bodies, Clinical Commissioning Groups, Integrated Care Boards (ICBs), private individuals, and advocates. It covers contracts for the direct provision of care as well as subcontracted services related to home care delivery.
3. Related Policies
- CH04-Good Governance
- CH07-Person-Centred Care Policy
- CH09-Consent to Care Policy
- CH11-Safe Care and Treatment Policy
- CH13-Safeguarding Adults from Abuse and Improper Treatment Policy
- CH14-Receiving and Acting on Complaints Policy
- CH18-Risk Management and Assessment Policy
- CH36-Initial Assessment and Care Planning Policy
4. Principles of Commissioning and Contract Management
a. Legal and Regulatory Compliance
All contracts entered into by {{org_field_name}} must comply with applicable laws and regulatory standards, including those set out by the CQC and the Care Act 2014. We ensure that contractual arrangements do not restrict people’s rights, access to care, or choices, and that they align with our responsibilities under fundamental standards such as Regulation 9 (person-centred care), Regulation 10 (dignity and respect), and Regulation 13 (safeguarding from abuse).
b. Clear and Transparent Contracting
Each contract must clearly set out the scope of care to be provided, expected outcomes, agreed start dates, review dates, charges, responsibilities, and termination clauses. All contractual documentation is written in plain English. Where the person receiving care lacks capacity, contracts are discussed and agreed with an authorised legal representative or advocate, ensuring compliance with the Mental Capacity Act 2005.
c. Person-Centred Approach to Commissioning
We work collaboratively with commissioners and the people we support to ensure the service specification reflects their individual needs, choices, cultural preferences, and circumstances. Each package of care is based on a comprehensive needs assessment and a person-centred care plan. We do not accept or enter into contracts that conflict with the preferences or best interests of the person receiving care.
d. Due Diligence and Risk Assessment
Prior to entering any contract, {{org_field_name}} undertakes due diligence checks including financial viability, safeguarding history, reputational risk, and compliance record of any third-party providers or contractors. Risks are recorded in the contract risk log and regularly reviewed. Safeguards are put in place to ensure continuity of care.
e. Monitoring of Contracts and Performance
Each contract is monitored against key performance indicators including service delivery, satisfaction levels, safeguarding alerts, outcomes achieved, and compliance with agreed terms. Contract review meetings are held at agreed intervals with commissioners, care coordinators, and (where appropriate) the person receiving care or their representative.
f. Managing Changes and Variations
Any changes to care packages, pricing, or contractual terms must be formally agreed and documented in writing. We maintain a variation log and ensure that staff are notified of updates through the care planning and rota systems. Where changes impact the person’s wellbeing or needs, we update their care plan and carry out a risk reassessment.
g. Financial Clarity and Invoicing
Invoices are generated according to the terms of each contract and based on actual care delivered. We ensure that charges are transparent and communicated clearly to private payers and commissioners. Any issues related to non-payment or billing discrepancies are handled sensitively and in accordance with our complaints and financial policies.
h. Subcontracting and Partnership Agreements
Where subcontracting is required (e.g. physiotherapy, occupational therapy), {{org_field_name}} ensures that all subcontractors meet our quality standards, hold the necessary insurance and registration, and are contractually obligated to maintain confidentiality, safe care, and data protection. Contracts with subcontractors are subject to regular review and monitoring.
i. Contract Termination and Exit Planning
We include clear terms in each contract about how services may be ended, whether by the person receiving care, their representative, a commissioner, or {{org_field_name}}. Our exit planning includes a safe transition process, handover of records, and continuity of care to prevent disruption. Where notice periods are waived due to safeguarding or critical needs, emergency protocols are followed.
j. Record-Keeping and Documentation
All contracts, correspondence, meeting notes, service agreements, and variations are securely stored and accessible to relevant managers. Records are retained in accordance with GDPR and data protection legislation and may be shared with CQC upon request.
5. Staff Responsibilities and Training
Managers and team leaders involved in commissioning and contract management receive appropriate training in contract law, negotiation, safeguarding, and relationship management. Staff providing care under contractual arrangements are briefed on relevant service user agreements and expectations. Concerns about service delivery are escalated via the governance structure.
6. Policy Review
This policy will be reviewed annually or sooner if there are changes in legislation, commissioning practice, or regulatory requirements. Updates will be shared with relevant staff and used to improve our practice.
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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