CHW68-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 establish clear guidelines for service user agreements and termination of care at {{org_field_name}}. This ensures that all residents, their families, and staff understand the terms of residence, rights, responsibilities, and the process for ending care services. This policy complies with the Regulation and Inspection of Social Care (Wales) Act 2016, The Social Services and Well-being (Wales) Act 2014, and the Consumer Rights Act 2015, ensuring fairness, transparency, and dignity in all agreements. It also aims to protect both residents and the care home from disputes by ensuring that agreements are legally sound, clear, and regularly reviewed.

2. Scope

This policy applies to all new and existing residents at {{org_field_name}}, their families, legal representatives, and all staff involved in admissions, contract management, and care provision. It outlines the procedures for creating, reviewing, and terminating agreements, covering expected standards of care, payment terms, rights, and responsibilities. It also applies to any external agencies involved in the resident’s care, such as local authorities, healthcare professionals, and advocacy services.

3. Principles of Service User Agreements

Clear and Transparent Contracts:

Upon admission, every resident will receive a comprehensive service user agreement, detailing fees, services provided, expectations, and responsibilities.
All agreements must be written in clear, plain language, ensuring accessibility and comprehension for residents and families, particularly those with additional communication needs.
Residents and their families will be given sufficient time to review the agreement and seek independent legal or financial advice if necessary.
Contracts will include a clear breakdown of charges, explaining what is covered in the standard care package and any optional or additional costs.

Personalised and Person-Centred Agreements:

Agreements must reflect the individual needs, preferences, and care plans of each resident, ensuring their rights and autonomy are maintained.
A care assessment will be conducted prior to signing the agreement to establish the level of support required.
Regular reviews will be conducted to ensure agreements remain up-to-date with changing care needs, including any modifications due to medical, mobility, or personal preference changes.
Any modifications to an agreement must be discussed and mutually agreed upon, with all changes documented and signed by both parties.

Financial Transparency and Payment Terms:

All fees and payment structures will be clearly outlined, including any additional charges for extra services, such as one-to-one support, specialised dietary requirements, or outings.
Notice periods for fee adjustments will be provided in compliance with Consumer Rights and CIW regulations, ensuring residents and families have time to adapt to any financial changes.
Information about funding options, local authority support, and private payment agreements will be provided upon admission, with staff available to assist residents and their families in understanding funding eligibility and processes.

Rights and Responsibilities of Residents and the Care Home:

Residents have the right to dignity, respect, high-quality care, personal autonomy, and confidentiality.
The care home has a responsibility to deliver safe, compassionate, and person-centred care, following all regulatory and safeguarding requirements.
Residents and families must follow policies on conduct, safeguarding, and financial commitments, ensuring respectful interactions between all parties.
Dispute resolution mechanisms will be outlined in the agreement, ensuring that any concerns or grievances can be addressed fairly and promptly.

4. Termination of Agreement and Discharge Process

Voluntary Termination by the Resident or Their Representative:

Residents may terminate their agreement by providing the required notice period, as stated in the contract, ensuring a planned and dignified departure.
Staff will support smooth transitions to alternative care services, liaising with families, healthcare professionals, and local authorities where necessary.
Refund policies for advance payments will be clearly outlined and explained, ensuring fairness in financial matters.
If a resident is moving to another facility, a comprehensive discharge plan will be implemented to ensure continuity of care, including medical records, medication lists, and key care notes.

Termination by the Care Home:

The care home may terminate an agreement due to non-payment, safeguarding concerns, or if care needs exceed our service capacity.
In cases where a resident’s needs surpass the services the care home can provide, alternative care arrangements will be discussed in collaboration with the resident, family, and local authorities, ensuring continuity of care.
Written notice, with a clear explanation of the reasons for termination, will be provided in advance, except in emergency safeguarding situations where immediate action is required.
If termination is due to financial issues, the care home will work with local authorities and advocacy groups to explore funding alternatives before proceeding with termination.

Emergency Discharge or Termination:

If an emergency discharge is required due to immediate safety risks, medical emergencies, or significant behavioural concerns, the care home will work closely with healthcare professionals, social services, and family members to ensure a safe transition.
A full handover report will be prepared, including details of care needs, risk assessments, medical history, and any safeguarding concerns, ensuring continuity of care at the new service.
Where appropriate, emergency meetings will be arranged with all relevant stakeholders to determine the best course of action for the resident.

5. Staff Training and Responsibilities

Staff responsible for admissions, contracts, and care planning must receive training on service user agreements, legal compliance, and effective communication with residents and families.
Refresher training will be provided annually to ensure staff are aware of contractual obligations, dispute resolution processes, and financial guidance.
Staff must provide clear, compassionate explanations to residents and families regarding agreements and terminations, ensuring they fully understand their rights and responsibilities.
A designated Resident Liaison Officer or key worker may be assigned to assist with any questions or concerns related to agreements and terminations.

6. Related Policies

CHW07 – Person-Centred Care Policy
CHW08 – Dignity and Respect Policy
CHW14 – Receiving and Acting on Complaints Policy
CHW13 – Safeguarding Adults from Abuse and Improper Treatment Policy
CHW41 – Managing Service User Finances Policy
CHW36 – Initial Assessment and Care Planning Policy

7. Monitoring and Review

This policy will be reviewed annually or sooner if required due to changes in legislation, regulatory requirements, or organisational needs. All agreements will be audited to ensure compliance with CIW regulations and best practices.

Regular contract audits will be conducted to assess whether agreements are legally compliant and meeting residents’ needs.
Resident and family feedback will be collected through surveys and consultations to improve transparency and communication.
Findings from audits will be used to update contract templates, improve care planning, and ensure fairness in service delivery.

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.