SCH280. Written Agreements for People Receiving Care
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Written Agreements for People Receiving Care (Scotland) Policy
This policy sets out the values, principles and procedures underpinning our approach (as a care home or care at home provider) to service agreements (contracts) in line with the current national health and social care standards described in My Support, My Life.
Policy Statement
The policy applies to all people receiving our services, but it recognises that there are some differences in the contractual relationships formed between people who are responsible for paying for their own care from whatever source and those whose care is publicly funded in part or full by local authority or health service.
The service acknowledges that the people using the services should have full information on their legal rights and on the provider’s legal responsibilities to keep them safe from harm.
The service provides every person with a written agreement and makes available additional information, all of which is produced in a format that the person and their representatives can understand.
The service recognises its legal and ethical obligations to be frank and transparent in its charging and pricing policies and in terms of what services it can and cannot offer to any individual.
The service, therefore, makes its agreements with the people who use its services and their representatives as fair, transparent, detailed and informative as possible so that everyone involved knows their contractual position and obligations.
Procedures
Once a person or someone acting legally on their behalf has bought in or agreed to receiving our services, we draw up with the involvement of the person receiving care, a written agreement (contract). This is agreed and signed by the person (or their representative if the person lacks capacity).
Each agreement is based on individual needs and circumstances. Legal advice is sought whenever needed.
The agreement covers the following areas:
- the date of the agreement
- the date the service starts
- the name of the provider
- how and when the service will be provided
- all agreed services to be provided (including accommodation and facilities for premises-based services)
- any service that might be needed, but which for whatever reason, we cannot provide (but might procure by other means)
- charges and arrangements for payment, including who is responsible for paying the fees
- a copy of the agreed personal plan
- arrangements for reviewing needs and progress and updating the personal plan
- how the service will be monitored and quality assurance issues
- the expected duration of the service (if relevant)
- any additional services that are to be paid for over and above those included in the basic fees, eg additional equipment, aids and appliances
- the rights and obligations of the person receiving care
- the rights and obligations of {{org_field_name}}
- relevant health and safety matters
- holidays and sickness cover and any continuity/disruption of service matters
- security and arrangements for entering and leaving the premises
- what should happen if there is a breach of the contract
- period of notice for ending the service on either side
- relevant insurance cover.
The person receiving care is asked to sign and is then given a signed and dated copy of the agreement and knows that they (or representatives) have the right to ask for the agreement to be reviewed at any time. The provider is also clearly signatory to the agreement.
Where relevant, the provider asks a representative of a service commissioner to endorse and sign the agreement reached with the person to provide services on its behalf.
Every person receiving care is issued with their own individual statement representing the agreement or contract reached.
The written agreement is then referred to in the event of any problems arising and will be subject to periodic review. It might be necessary to revise individual agreements if there are any significant changes to their situation that require their terms and conditions to be accordingly revised, eg if their funding status changes or their needs change so as to put them outside of the scope of the service’s capacity to provide the care and support needed.
Additional Issues for Consideration in the Service Policy
Storage of copies of the contract
When the person returns the signed copy of the contract, this will be filed on that individual’s record and further copies made for internal use.
Variations to the contract
If it is considered at any time that there is a need for any significant change to the service outlined in the written agreement or if the person makes such a request, the manager will review the situation. If necessary, the provider might seek to change the agreement in consultation with the person receiving care and/or representatives to make sure that the proposed changes are acceptable. A new or revised contract will then be issued.
In the case of people receiving care whose fees are paid by a local authority, the manager will contact the social services care manager and ask for their agreement to the change. If all of this is satisfactory, the manager will take the steps to prepare, issue and process a new agreement.
Training
New staff are made aware of the service’s contractual relationships and how the service complies with its legislative requirements during their induction training.
Staff who are responsible for producing contracts or for dealing with prospective or new people receiving care receive specific training to help them formulate each individual contract/agreement.
All staff training is regularly reviewed to make sure that it is up to date with any changes in legislation or good practice relating to contracts with people receiving care.
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