Registration Number: {{org_field_registration_no}}

Service User Agreements and Termination Policy

1. Purpose

The purpose of this policy is to set out how {{org_field_name}} provides clear, fair, accessible and legally compliant service user agreements, written information, contractual terms and termination arrangements for people living at the service. The policy ensures that individuals, their representatives, families, placing authorities, service commissioners and staff understand the terms on which care, support and accommodation are provided, including fees, services, rights, responsibilities, notice periods, contractual changes and circumstances in which the service may cease to be provided.

This policy supports compliance with the Regulation and Inspection of Social Care (Wales) Act 2016, the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, the Welsh Government statutory guidance for care home services and domiciliary support services, the Social Services and Well-being (Wales) Act 2014, the Mental Capacity Act 2005, the Equality Act 2010, the Consumer Rights Act 2015 and relevant CIW requirements. The policy also supports the duty of candour by requiring openness, transparency and timely communication with individuals and their representatives where concerns, changes, incidents or proposed termination of services arise.

The policy is intended to ensure that agreements are person-centred, transparent, understandable, consistent with the Statement of Purpose and Written Guide to the Service, and reviewed whenever there are material changes to the individual’s care and support needs, funding, accommodation, services, fees or contractual terms.

2. Scope

This policy applies to all prospective, new and existing individuals living at {{org_field_name}}, including privately funded individuals, individuals funded or partly funded by a local authority or NHS body, and individuals whose arrangements are made by a placing authority or service commissioner.

This policy applies to the individual, any lawful representative, family members involved with the individual’s consent or best interests, advocates, attorneys, deputies, appointees, placing authorities, service commissioners, the Responsible Individual, Registered Manager, admissions staff, finance staff, care planning staff and any staff involved in agreeing, reviewing, varying or terminating the service agreement.

This policy must be read alongside the Statement of Purpose, Written Guide to the Service, Admissions and Commencement of Service Policy, Initial Assessment and Care Planning Policy, Complaints Policy, Safeguarding Adults from Abuse and Improper Treatment Policy, Mental Capacity and Deprivation of Liberty Safeguards Policy, Managing Service User Finances Policy and Duty of Candour Policy.

3. Service User Agreements, Written Information and Contractual Principles

Clear, Transparent and Accessible Information

Before or at the point the service commences, {{org_field_name}} will provide the individual and, where appropriate, their representative, placing authority or service commissioner with clear written information about the service. This will include the Written Guide to the Service, the service agreement or contract, the Statement of Purpose where requested, and information about how to raise a concern or complaint, how to access advocacy services, and how to contact CIW and other relevant bodies.

The service agreement will be written in plain language and provided in a format that is accessible to the individual, taking account of their communication needs, language needs, sensory needs, cognitive needs, level of understanding and any disability. Where required, staff will support the individual to understand the agreement and will record the support provided.

Every individual will be given a signed copy of any agreement relating to the care and support provided to them and any other services provided to them. Where the individual has a representative, attorney, deputy, appointee, placing authority or service commissioner involved in the arrangement, copies will be provided as appropriate and in accordance with consent, lawful authority, best interests and confidentiality requirements.

The agreement will clearly set out, where applicable:

the care, support and accommodation to be provided;
the room to be used by the individual;
the fees payable by the individual and what those fees cover;
any fees payable by a placing authority, local authority, NHS body or other commissioner and what those fees cover;
additional charges, optional services and items not included in the standard fee;
payment arrangements, invoicing arrangements and due dates;
any late payment charges or interest, where applicable;
arrangements for deposits, advance payments and refunds;
arrangements and timescales for notifying the individual of contractual changes;
notice periods;
circumstances in which the agreement may be terminated by the individual or by {{org_field_name}};
how complaints, disputes and concerns will be handled;
how the individual can access their own records.

{{org_field_name}} will provide the individual or their representative with a written estimate of the costs of care and support payable by the individual before the agreement is signed, wherever practicable. This estimate will include likely additional costs and charges so that the individual can make an informed decision.

Written Guide to the Service

{{org_field_name}} will ensure that each individual receives the Written Guide to the Service in accordance with Regulation 19. The guide will be dated, reviewed at least annually and updated as necessary. It will be provided in an appropriate language, style, presentation and format, having regard to the individual’s needs and the Statement of Purpose.

The Written Guide will include information about the ethos and culture of the service, the services provided, key staff, how to contact the Responsible Individual, how to raise a concern or complaint, advocacy services, CIW, the Public Services Ombudsman for Wales, Llais, the Older People’s Commissioner for Wales where relevant, access to health services, fees and additional costs, payment methods, notice of fee increases, terms and conditions, circumstances in which the service may cease to be provided, notice periods, how individuals can access their records, arrangements for personal belongings, access to telephone, Wi-Fi or digital communication where available, activities, facilities, and relevant health and safety information.

Suitability of the Service Before Agreement

{{org_field_name}} will not agree to provide care, support or accommodation unless it has determined that the service is suitable to meet the individual’s care and support needs and to support the individual to achieve their personal outcomes.

Before agreeing to provide the service, {{org_field_name}} will consider:

the individual’s care and support plan, where available;
the provider assessment or pre-admission assessment, where there is no care and support plan;
any health, nursing, therapy, mental health, behavioural, mobility, nutrition, communication or other relevant assessments;
the individual’s views, wishes, feelings, personal outcomes, routines and preferences;
any risks to the individual’s well-being;
any risks to the well-being of other individuals living at the service;
any reasonable adjustments that could be made to meet the individual’s needs;
whether the service can meet the individual’s needs in accordance with the Statement of Purpose.

The assessment and decision-making process will involve the individual, the placing authority where applicable, and any representative, unless the individual does not wish the representative to be involved or involvement would be inconsistent with the individual’s well-being. Where the individual lacks mental capacity to make a relevant decision, {{org_field_name}} will act in accordance with the Mental Capacity Act 2005, including best interests decision-making and consultation with relevant people.

Where {{org_field_name}} determines that it cannot meet the individual’s needs, this decision will be explained clearly and sensitively to the individual, their representative and the placing authority or service commissioner where applicable. The decision and reasons will be recorded.

Personal Plan and Commencement of Service

Where {{org_field_name}} agrees to provide the service, an initial personal plan will be prepared before the individual begins to receive care and support, unless the individual is admitted in urgent circumstances. In urgent circumstances, the initial personal plan will be prepared within 24 hours of the commencement of the service.

The personal plan will set out how the individual’s care and support needs will be met on a day-to-day basis, how they will be supported to achieve their personal outcomes, the steps to reduce identified risks to well-being, and the steps to support positive risk-taking and independence where appropriate.

The personal plan will be reviewed and developed during the first seven days of the service in line with the provider assessment and will be reviewed at least every three months, or sooner where the individual’s needs, risks, preferences, funding, service arrangements or personal outcomes change.

Financial Transparency, Fees and Payment Terms

All fees, charges and payment arrangements will be explained clearly before the agreement is signed and whenever fees or charges are changed. The agreement will identify the standard weekly or monthly fee, what is included in that fee, what is not included, and any optional or additional services that may be charged separately.

Where applicable, the agreement will distinguish between:

amounts payable by the individual;
amounts payable by a local authority, NHS body, placing authority or other commissioner;
third-party or top-up contributions;
personal expenditure or items purchased on behalf of the individual;
additional services requested by the individual or their representative.

{{org_field_name}} will provide a written estimate of the costs payable by the individual or their representative before the agreement is signed, wherever practicable. Any additional charges will be explained before they are incurred, except in urgent circumstances where a delay would place the individual at risk or would be inconsistent with their well-being.

Fee increases or contractual changes will be communicated in writing with reasonable notice in accordance with the agreement, consumer law and regulatory expectations. The notice will explain the reason for the change, the amount of the change, the date it will take effect, and the individual’s options if they do not agree with the change.

Where fees are unpaid, {{org_field_name}} will take reasonable steps to discuss the matter with the individual, representative, attorney, deputy, appointee, placing authority or commissioner as appropriate. The service will seek to resolve payment issues fairly and proportionately before considering termination of the agreement.

Rights and Responsibilities of Individuals and the Service

Individuals have the right to be treated with dignity, respect, kindness and sensitivity. They have the right to privacy, confidentiality, autonomy, independence, equality, involvement in decisions, access to information, access to advocacy, and care and support that is consistent with their personal plan and personal outcomes.

{{org_field_name}} will provide information in a way the individual can understand and will take reasonable steps to meet the individual’s language and communication needs. This includes supporting individuals whose first language is Welsh and providing communication aids, accessible formats or advocacy support where required.

{{org_field_name}} is responsible for delivering safe, compassionate and person-centred care in accordance with the Statement of Purpose, personal plan, service agreement, applicable legislation and CIW requirements. The service will act openly and transparently with individuals and their representatives, particularly where things go wrong, where contractual changes are proposed, or where termination of the agreement is being considered.

Individuals, representatives and families are expected to treat staff and others with respect, follow reasonable service policies, provide accurate information where relevant, meet agreed financial commitments, and raise concerns promptly so that they can be addressed. Concerns, complaints or disputes will be handled in accordance with the Complaints Policy and will not result in unfair treatment or retaliation.

4. Termination, Notice, Transfer and Safe Discharge

Voluntary Termination by the Individual or Their Representative

The individual may terminate the agreement by giving the notice required by the service agreement. Where the individual has a lawful representative, attorney, deputy or appointee, they may act within the scope of their legal authority. Where there is uncertainty about authority to terminate the agreement, {{org_field_name}} will seek clarification before acting on the request.

When an individual chooses to leave the service, {{org_field_name}} will support a planned, safe and dignified move wherever possible. This will include liaison with the individual, their representative, family members with consent or lawful authority, the placing authority, service commissioner, health professionals and the receiving service where applicable.

Before the individual leaves, {{org_field_name}} will prepare an appropriate handover to support continuity of care. This may include relevant care and support information, personal plan details, risk assessments, medicines information, health appointments, communication needs, dietary needs, mobility needs, safeguarding information where relevant, and any other information necessary to support safe transfer.

Any refund of advance payments, deposits or overpaid fees will be calculated in accordance with the agreement and consumer law. The individual or representative will be provided with a clear final statement of account.

Termination by {{org_field_name}}

{{org_field_name}} will only terminate an agreement where there is a lawful, fair and clearly documented reason for doing so, and where termination is consistent with the agreement, consumer law, safeguarding duties, the individual’s well-being and CIW regulatory expectations.

Termination by {{org_field_name}} may be considered only where one or more of the following applies:

the individual’s assessed needs have changed and the service can no longer meet those needs safely, even after considering reasonable adjustments;
the individual requires care, support, clinical input, staffing levels, equipment, accommodation or environmental arrangements that are outside the service’s Statement of Purpose or capacity;
fees remain unpaid after reasonable attempts have been made to resolve the matter with the individual, representative, attorney, deputy, appointee, placing authority or commissioner as appropriate;
there is a serious and continuing risk to the safety or well-being of the individual, other individuals, staff or visitors that cannot be managed safely within the service;
the agreement has been seriously or persistently breached and reasonable steps to resolve the issue have not been successful.

Where {{org_field_name}} believes it can no longer meet the individual’s assessed needs, the service will immediately provide written notification to the individual, any representative, the service commissioner and the placing authority where applicable. The written notification will explain the reasons, the risks identified, the reasonable adjustments considered, the professional advice obtained where relevant, and the proposed next steps.

Except in urgent circumstances where immediate action is required to protect life, safety or well-being, {{org_field_name}} will provide the contractual notice period and will work with the individual, representative, placing authority, service commissioner, health professionals and receiving provider to support a safe and planned transfer. The service will not terminate the agreement in a way that leaves the individual without necessary care and support.

Where termination relates to non-payment, {{org_field_name}} will first make reasonable efforts to resolve the issue. This may include checking whether the individual requires support with finances, whether an appointee, attorney or deputy is involved, whether a local authority or commissioner should be contacted, whether advocacy is required, and whether a payment plan or funding review is appropriate.

All decisions to terminate an agreement must be approved by the Registered Manager and escalated to the Responsible Individual before notice is issued, unless urgent action is required to protect immediate safety. The reasons for the decision, consultation undertaken, advice received, risks considered and actions taken must be recorded.

Urgent or Emergency Transfer

Urgent or emergency transfer will only be considered where there is an immediate and serious risk to the life, safety or well-being of the individual, other individuals, staff or visitors, and where the risk cannot be managed safely within the service, even with reasonable adjustments, additional support or professional input.

In urgent circumstances, {{org_field_name}} will take immediate steps to protect the individual and others. This may include contacting emergency services, the GP, NHS services, mental health crisis services, the local authority, safeguarding team, placing authority, service commissioner, advocate or representative as appropriate.

Where the individual lacks mental capacity to consent to an urgent move or related arrangements, decisions will be made in accordance with the Mental Capacity Act 2005, including best interests decision-making, consultation and the least restrictive option. Where deprivation of liberty issues arise, lawful authority must be considered and obtained where required.

A written record will be completed as soon as practicable. The record will include the reason for urgent action, immediate risks, alternatives considered, people consulted, decisions made, actions taken, information shared, safeguarding referrals where applicable, and arrangements for continuity of care.

A full handover will be provided to the receiving service or relevant professionals. This will include the individual’s care and support needs, personal outcomes, communication needs, risks, medicines, health conditions, mobility needs, dietary needs, safeguarding information where relevant, and any other information necessary for safe continuity of care.

4.1 Safeguarding, Complaints and Termination

The raising of a complaint, concern, safeguarding concern or whistleblowing concern will never be used as a reason to terminate an agreement or treat an individual unfairly.

Where safeguarding concerns arise, {{org_field_name}} will follow the Safeguarding Adults from Abuse and Improper Treatment Policy and the Wales Safeguarding Procedures. This may include immediate action to protect the individual, referral to the local authority, notification to CIW where required, involvement of the police or health professionals where appropriate, and support for the individual to access advocacy.

Where a safeguarding concern affects whether the service can safely continue to meet the individual’s needs, this will be managed through risk assessment, professional consultation, safeguarding procedures, review of the personal plan and consultation with the individual, representative, placing authority and service commissioner where applicable. Termination will only be considered where the service cannot safely meet needs or manage risks after reasonable steps and alternatives have been considered.

4.2 Changes to Agreement, Fees or Services

Any proposed change to the agreement, fees, room, services, additional charges or terms and conditions will be communicated clearly and in writing to the individual and, where appropriate, their representative, placing authority or service commissioner.

The written notice will explain:

what change is proposed;
why the change is proposed;
when the change will take effect;
any financial impact;
whether the individual has a choice or right to object;
who the individual can contact to discuss the change;
how to raise a complaint or seek advocacy support.

Where a change is linked to the individual’s care and support needs, the personal plan and provider assessment will be reviewed. Where the change affects the Statement of Purpose or Written Guide to the Service, those documents will also be reviewed and updated as required.

4.3 Ending the Agreement Following Death

In the event of the death of an individual, {{org_field_name}} will act with dignity, compassion and sensitivity. The service will follow its End of Life, Death of a Service User, Notification and Safeguarding procedures as applicable.

The agreement will end in accordance with the terms of the service agreement. Final fees, refunds, personal monies and belongings will be managed transparently and in accordance with the agreement, the Managing Service User Finances Policy and any legal authority held by executors, attorneys, deputies, appointees or next of kin.

Where required, {{org_field_name}} will notify CIW and other relevant bodies in accordance with regulatory notification requirements.

5. Staff Training and Responsibilities

Staff involved in admissions, assessment, contracts, fees, care planning, reviews, complaints, safeguarding, discharge or termination must understand this policy and their responsibilities under it.

Relevant staff will receive induction and refresher training appropriate to their role. Training will include:

Regulation 14 suitability of the service before admission;
Regulation 19 Written Guide to the Service;
Regulation 20 service agreements;
person-centred care and personal outcomes;
accessible communication and Welsh language needs;
advocacy and support to understand agreements;
consumer law and fair contractual terms;
fee transparency and financial communication;
Mental Capacity Act 2005 and best interests decision-making;
safeguarding and improper treatment;
duty of candour and open communication;
complaints and dispute resolution;
safe transfer, discharge and termination processes.

Staff must not give legal or financial advice unless qualified and authorised to do so. Where individuals or representatives need advice, staff will signpost them to appropriate independent legal, financial, advocacy or local authority support.

The Registered Manager is responsible for ensuring that service agreements are issued, explained, signed, reviewed and stored appropriately. The Registered Manager must ensure that any proposed termination by the service is lawful, fair, documented, proportionate and escalated to the Responsible Individual.

The Responsible Individual has oversight of the operation of this policy and must ensure that the service acts openly and transparently, that risks to individuals are managed, and that CIW notifications are made where required.

5.1 Records

{{org_field_name}} will maintain clear and accurate records relating to service user agreements and termination. Records will include, where applicable:

pre-admission assessment and suitability decision;
written cost estimate;
signed service agreement;
evidence that the individual was supported to understand the agreement;
copies provided to the individual, representative, placing authority or service commissioner;
fee notices and contractual change notices;
reviews of care needs and personal plans;
records of discussions about termination or transfer;
professional advice obtained;
safeguarding referrals or notifications where applicable;
CIW notifications where applicable;
discharge or transfer plans;
handover information;
final account, refunds and return of belongings.

Records will be stored securely and handled in accordance with confidentiality, data protection and record-keeping requirements. Individuals will be informed how they can access their own records.

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. CIW Notifications and Escalation

Where a matter relating to an agreement, termination, urgent transfer, safeguarding concern, serious incident, death, service disruption or inability to continue providing the service safely meets the threshold for notification, {{org_field_name}} will notify CIW in the required manner and timescale.

The Registered Manager must escalate to the Responsible Individual any proposed termination by the service, any situation where the service may no longer be able to meet an individual’s assessed needs, any serious dispute about fees or terms, any safeguarding concern linked to possible termination, and any urgent transfer or emergency discharge.

The Responsible Individual will ensure that appropriate oversight, governance and regulatory notifications are completed and that the individual’s safety, rights, dignity and well-being remain central to all decisions.

8. Equality, Capacity, Advocacy and Welsh Language

{{org_field_name}} will ensure that individuals are not disadvantaged in relation to service agreements, fees, changes, complaints or termination because of age, disability, race, religion or belief, sex, sexual orientation, gender reassignment, marriage and civil partnership, pregnancy or maternity, language, communication need, mental capacity, health condition or funding status.

Where an individual may have difficulty understanding an agreement, fee notice, contractual change or proposed termination, {{org_field_name}} will provide appropriate support. This may include accessible formats, additional explanation, communication aids, involvement of a representative, interpreter, advocate, attorney, deputy, appointee or best interests decision-making process.

Where the individual lacks capacity to make a relevant decision, {{org_field_name}} will follow the Mental Capacity Act 2005. Decisions will be made in the individual’s best interests, using the least restrictive option and involving relevant people as appropriate.

{{org_field_name}} will take reasonable steps to meet the individual’s language needs, including Welsh language needs, and will work towards actively offering Welsh language support to individuals whose first language is Welsh.

9. Monitoring and Review

This policy will be reviewed at least annually or sooner where there are changes in legislation, Welsh Government statutory guidance, CIW requirements, consumer law, organisational arrangements, the Statement of Purpose or learning from complaints, safeguarding, audits, incidents or feedback.

The Registered Manager will ensure that service user agreements and termination records are audited regularly. Audits will include checks that:

a suitability decision was made before the service commenced;
the individual received the Written Guide to the Service;
the individual received a signed service agreement;
the individual was supported to understand the agreement where required;
a written estimate of costs was provided where applicable;
fees, additional charges and payment arrangements were clearly recorded;
contractual changes and fee increases were notified in writing;
personal plans were prepared and reviewed within required timescales;
any termination by the service was lawful, fair, documented and approved;
safe transfer or discharge planning was completed;
CIW, placing authorities, service commissioners or safeguarding bodies were notified where required;
learning from complaints, disputes, safeguarding concerns and feedback was used to improve practice.

The Responsible Individual will maintain oversight of the operation of this policy through governance, quality assurance and quality-of-care review arrangements. Findings from audits will be used to update agreement templates, improve staff training, strengthen communication with individuals and representatives, and ensure continued compliance with the Regulations and CIW expectations.

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.

CHW68-Service User Agreements and Termination Policy