CHW187-Commissioning and Contracts Policy
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{{org_field_name}}
Registration Number: {{org_field_registration_no}}
Commissioning and Contracts Policy
1. Purpose
The purpose of this policy is to outline how {{org_field_name}} manages commissioning and contractual arrangements to ensure high-quality, legally compliant, person-centred care in line with the Regulation and Inspection of Social Care (Wales) Act 2016, the Social Services and Well-being (Wales) Act 2014, and CIW regulatory expectations. This policy ensures that all commissioning activity, including contractual agreements with public bodies, private funders, service suppliers, and individuals, is fair, transparent, outcome-focused, and aligned with our values and objectives. It further supports effective partnership working, financial accountability, risk management, and clear communication with commissioners and service users.
2. Scope
This policy applies to all commissioning and contractual relationships involving {{org_field_name}}. It covers service-level agreements (SLAs) with local authorities or health boards, private care contracts with self-funding individuals or families, third-party suppliers providing goods or services to the care home, and contracts with professionals or consultants. It also covers arrangements relating to the provision of specialist care, temporary staffing, and commissioned equipment or therapy services. All employees involved in commissioning, procurement, or contract oversight are expected to comply with the principles in this policy.
3. Related Policies
This policy should be read in conjunction with the following:
CHW05 – Statement of Purpose Policy
CHW07 – Person-Centred Care Policy
CHW13 – Safeguarding Adults from Abuse and Improper Treatment Policy
CHW16 – Health and Safety at Work Policy
CHW18 – Risk Management and Assessment Policy
CHW26 – Recruitment, Selection, and Retention Policy
CHW27 – Staff Supervision, Training, and Development Policy
CHW41 – Managing Service User Finances Policy
4. Policy Statement and Implementation
A. Principles of Commissioning
{{org_field_name}} commissions services and enters into contracts in accordance with the following principles:
- Person-centred care must be at the heart of every commissioned arrangement
- Quality and safety must never be compromised for cost efficiency
- All contracts must be lawful, ethical, and support regulatory compliance
- Procurement processes must be fair, non-discriminatory, and transparent
- Partnerships with commissioning authorities and funders must be collaborative and outcome-focused
- Contracts must clearly define roles, responsibilities, standards, deliverables, timescales, and termination clauses
The Registered Manager and Responsible Individual oversee all commissioning and contractual processes and ensure appropriate governance is in place.
B. Contracting with Local Authorities and Health Boards
Where care is commissioned by a local authority or health board, {{org_field_name}} ensures full compliance with the terms of the placement agreement, funding arrangements, and reporting requirements. We work closely with commissioning teams to ensure the service user’s outcomes are met, care plans are regularly reviewed, and any changes in need or funding status are communicated promptly. We also engage in contract monitoring visits, quality assurance processes, and audits led by commissioners. All such contracts are signed by an authorised person and stored securely in both physical and digital formats.
C. Contracts with Self-Funders and Families
For individuals who privately fund their care, a detailed service agreement is provided at the point of admission. This agreement includes a clear breakdown of services included, charges, billing arrangements, notice periods, and processes for review or termination. We ensure that families or representatives are given time to read, understand, and ask questions before signing the contract. The agreement is written in plain language, avoids hidden charges, and reflects our Statement of Purpose and CIW requirements. Any changes to fees or services are communicated in writing with reasonable notice, and a record of consent is obtained.
D. Supplier and Third-Party Contracts
Contracts with suppliers of goods, equipment, agency staff, maintenance services, or consultants are assessed for value, safety, compliance, and reliability. Due diligence is undertaken to ensure the supplier meets relevant legal and industry standards, including insurance, health and safety compliance, and staff vetting where applicable. Contracts include service level expectations, delivery timeframes, payment terms, and procedures for managing underperformance. The Registered Manager or delegated staff member maintains a log of all active supplier contracts, which is reviewed at least annually.
E. Due Diligence and Risk Management
All contracts are subject to appropriate due diligence, including financial stability checks, safeguarding concerns, regulatory status (where relevant), and references. For contracts involving direct care provision, we verify that the organisation or individual is registered (if applicable) and meets CIW or professional body requirements. Risk assessments are carried out for high-risk contracts, and mitigation plans are agreed and documented. All contracts must comply with data protection regulations and be reviewed for confidentiality, information sharing, and GDPR compliance (CHW34 – Confidentiality and Data Protection Policy).
F. Monitoring, Quality, and Review
Contracts are monitored through a combination of service reviews, key performance indicators (KPIs), and regular communication. Where service delivery falls short of expectations, this is addressed formally through contract review meetings and performance improvement plans. All contracts are reviewed annually or in accordance with the review cycle set out in the agreement. Reviews include input from service users, staff, and commissioners. Lessons learned from contract performance are shared across the organisation to improve future commissioning activity.
G. Termination and Dispute Resolution
Termination clauses are clearly defined in every contract. Contracts may be terminated by mutual agreement, breach of terms, or in accordance with statutory provisions. Where disputes arise, {{org_field_name}} follows a clear escalation and resolution process that prioritises constructive communication, safeguarding, and continuity of care. Any contractual dispute that may affect resident safety or well-being is reported to CIW immediately. Legal advice is sought where required, and all actions are documented.
H. Staff Roles and Accountability
Staff involved in commissioning or contract oversight receive appropriate training and guidance. The Registered Manager is responsible for ensuring contracts are legally sound, monitored effectively, and stored securely. The Responsible Individual provides oversight and is accountable for compliance with commissioning standards. Staff must report any concerns related to contractual arrangements, unethical practices, or safeguarding risks through the appropriate internal channels (CHW29 – Whistleblowing Policy).
I. Record Keeping and Confidentiality
All contracts are recorded, signed, and stored securely, with access restricted to authorised personnel. Contract documents include start and end dates, financial terms, correspondence, amendments, and review notes. Confidentiality is maintained in accordance with CHW34, and contracts involving service user data are subject to data processing agreements. Digital records are password-protected and backed up regularly.
5. Policy Review
This policy will be reviewed annually or earlier in response to legislative changes, audit outcomes, or organisational needs. The Registered Manager is responsible for ensuring the policy remains aligned with CIW requirements and that staff are informed of any updates or procedural changes.
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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