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For reference / accountability and for reporting on observations of National Contract to National Steering Group
Section Original Text Amended Text
Front Page National Framework Contract for Independent Fostering Agency WEST MIDLANDS FOSTERING CONTRACT For the Placement of
placements Children and Young People with Independent Fostering Agencies
1 Background The form of this Framework Contract is that promoted by the The form of this Contract is that promoted by the Authorities within the
1.1 Department of Children, Schools and Families for use as a West Midlands for use as a contract for fostering services procured under
national framework contract for fostering services. It is envisaged Spot Purchasing arrangements. It is envisaged that it will be used by all
that it may be used by all Local Authorities in England to Local Authorities in the region to commission placements in Voluntary
commission placements in Voluntary and Independent Fostering and Independent Fostering provision.
provision.
1.2 This Framework Contract sets out standard terms and conditions This Contract sets out standard terms and conditions under which
under which specific Individual Placement Agreements (“IPAs”) specific Individual Placement Agreements (“IPAs”) (call off contracts
(call off contracts under the framework) can be made by local under the Contract) can be made by local authority purchasers from
authority purchasers from service providers through the contract service providers through the contract term of such a contract.
term of such a framework contract.
1.3 Each such purchase is intended to be made on the case specific Each such purchase is intended to be made on the case specific terms
terms and conditions of an Individual Placement Agreement and conditions of an Individual Placement Agreement (“IPA”)
(“IPA”) substantively in the form set out at Schedule 4 of this substantively in the form set out at Schedule 4 of this Contract,
Framework Contract, incorporating the general terms and incorporating the general terms and conditions of this Contract.
conditions of this Framework Contract.
1.4 For the avoidance of doubt, this Framework Contract places no For the avoidance of doubt, this Contract places no obligations on the
obligations on the Purchaser to purchase any placement service Purchaser to purchase any placement service from the Provider.
from the Provider.
2. Structure This Framework Contract comprises the following terms and This Contract comprises the following terms and conditions and:
conditions and:
Schedule 1 - The Framework Contract Service Specification Schedule 1 - The Contract Service Specification
Schedule 2- The Framework Contract Service Delivery and Schedule 2 - The Contract Service Delivery and Outcomes Monitoring
Outcomes Monitoring Provisions Provisions
Schedule 3– The Framework Contract Individual Outcomes Schedule 3 - The Contract Individual Outcomes Monitoring Provision
Monitoring Provision
Inserted - Schedule 6 - Variations Form
Contents FRAMEWORK CONTRACT TERMS AND CONDITIONS CONTRACT TERMS AND CONDITIONS
A. Parties to the Agreement
Contract Status – Framework Contract Contract Status – Contract
Duration of the Framework Agreement Duration of the Agreement
Termination of the Framework Contract Termination of the Contract
Definitions an act or omission constituting a Party failing to fulfill any an act or omission constituting a Party failing to fulfill any obligation
Breach obligation under, as applicable the Framework Contract, or, under, as applicable the Contract, or, respectively, any IPA;
respectively, any IPA;
Contract respectively, each contract for the supply of specific Services respectively, each contract for the supply of specific Services under each
under each respective IPA provided for under and incorporating respective IPA provided for under and incorporating the terms and
the terms and conditions of this Framework Contract conditions of this Contract.
Core Cost Services the Services covered by the Core Cost Specification detailed in the Services covered by the Core Cost Specification detailed in Schedule
Schedule 5 of this Framework Contract. 5 of this Contract.
Duration of the IPA the period starting with the day of the Child’s Placement with the Deleted
Foster Carer under the respective IPA and ending with the Child’s
due departure from the Foster Carer.
Foster Carer (s) an Approved individual or family and as applicable all such an individual or family approved by Fostering Panel
prospective Approved individuals and families.
Framework Contract the duration of this Framework Contract. the duration of this Contract.
Period
Individual Placement a respective specific contract for specific placement services a respective specific contract for specific placement services under and
Agreement under and incorporating the general terms and conditions of this incorporating the general terms and conditions of this Contract
Framework Contract substantively in the form set out at Schedule substantively in the form set out at Schedule 4 to this Contract, arising
4 to this Framework Contract, arising from an assessment of the from an assessment of the respective Child’s needs, which encompasses
respective Child’s needs, which encompasses the applicable Care the applicable Care Plan, Foster Placement Statement, LAC documents,
Plan, Foster Placement Statement, LAC documents, IBA, IBA, IEP/PEP and any other written arrangements agreed by both
IEP/PEP and any other written arrangements agreed by both Parties.
Parties.
Key Performance those indicators identified in Schedule 2 to this Framework those indicators identified in Schedule 2 to this Contract as being subject
Indicator Contract as being subject to an annual reporting requirement by to an annual reporting requirement by the Provider.
the Provider.
Party/Parties a Party/the Parties to the Framework Contract and IPAs under it a Party/the Parties to the Contract and IPAs under it
Provider the registered fostering agency providing the Services and one the registered fostering agency providing the Services and one Party to
Party to the Framework Contract and all IPAs under it. the Contract and all IPAs under it.
Purchaser the local authority which has the responsibility for the Children the local authority which has the responsibility for the Children which are
which are covered by IPAs and one Party to the Framework covered by IPAs and one Party to the Contract and all IPAs under it
Contract and all IPAs under it (including any successor to its (including any successor to its functions).
functions).
Service Specification the services specified in Schedule 1 to this Framework Contract, the services specified in Schedule 1 to this Contract, subject to any more
subject to any more specific service definition under each specific service definition under each respective IPA.
respective IPA.
3 Contract Status - Framework Contract Contract Status
3.1 This Framework Contract is between the Purchaser and the This Contract is between the Purchaser and the Provider for the provision
Provider for the provision of the Services. The Provider provides of the Services. The Provider provides for Placements with Foster Carers
for Placements with Foster Carers who provide care and who provide care and accommodation for the Child. In some cases the
accommodation for the Child. In some cases the Provider will also Provider will also provide for education of the Child.
provide for education of the Child.
3.3 Under this Framework Contract the Purchaser makes no Under this Contract the Purchaser makes no guarantee that it shall make
guarantee that it shall make any Placements with the Provider. any Placements with the Provider.
3.4 In signing this Framework Contract the parties are agreeing to In signing this Contract the parties are agreeing to abide by its terms and
abide by its terms and conditions generally in respect of conditions generally in respect of prospective IPA arrangements and
prospective IPA arrangements and specifically under the specifically under the provisions of each IPA.
provisions of each IPA.
3.5 This Framework Contract shall supersede all previous contracts Any pre-existing Individual Placement Agreements/ Schedules between
between the Purchaser and the Provider in relation to Services, the parties will transfer onto this contract at the existing agreed cost at
except those where the Parties agree otherwise in writing. the point of transfer, except those where the Parties agree otherwise in
writing.
4 Duration of Framework Contract Duration of Contract
4.1 The Framework Contract shall commence on the date specified in The Contract shall commence on the date specified in Section 1. The
its heading. The contract period of each IPA shall be defined in contract period of each IPA shall be defined in each IPA.
each IPA.
4.2 Termination of the Framework Contract is provided for in Clause Termination of the Contract is provided for in Clause 22 and may lead to
22 and may lead to termination of each IPA. termination of each IPA.
4.30 Termination of an IPA for breach by the Provider may lead to Termination of an IPA for breach by the Provider may lead to termination
termination of the Framework Agreement, as provided for in of the Agreement, as provided for in Clause 22.
Clause 22.
5.2 all legislative and regulatory requirements in respect of the all legislative and regulatory requirements in respect of the Services,
Services, including (but not limited to) the 2002 Regulations and including (but not limited to) the 2002 Regulations and the National
the National Minimum Standards; Minimum Standards and any amendments
6.2 Where reasonably possible, Placements shall be made in Placements shall be made in accordance with the Purchaser’s referral
accordance with the Purchaser’s referral procedure for external procedure for external placements. The Purchaser shall inform the
placements. The Purchaser shall inform the Provider of relevant Provider of relevant requirements, in order to identify a suitable Foster
requirements, in order to identify a suitable Foster Carer for the Carer for the Child and the Provider shall use reasonable endeavours to
Child and the Provider shall use reasonable endeavours to meet meet such requirements.
such requirements.
7.4 The IPA shall detail the expected outcomes to be achieved for the The IPA shall detail the expected outcomes to be achieved for the Child
Child whilst they are in the Placement, following the Individual whilst they are in the Placement, following the Individual Outcome
Outcome Assessment Provisions in Schedule 3 to this Framework Assessment Provisions in Schedule 3 to this Contract and in accordance
Contract and in accordance with the Child’s Care Plan and with the Child’s Care Plan and Service Specification.
Service Specification.
8.1 Variations to any IPA shall be made in writing and signed and Variations to any IPA shall be made in writing and signed and dated by
dated by both the Provider and the Purchaser and recorded in/as both the Provider and the Purchaser and recorded in/as a continuation of
a continuation of section 12 of the IPA. section 11 of the IPA.
8.5 In the event that there is a change in the funding responsibilities In the event that there is a change in the funding responsibilities between
between education, social care and health, this shall be addressed education, social care and health, this shall be addressed at the Child’s
at the Child’s Review Meeting and these changes and the date Review Meeting and these changes and the date they are to be in effect
they are to be in effect from shall be recorded in/as a continuation from shall be recorded in/as a continuation of section 11 of the IPA.
of section 12 of the IPA.
8.6 Where the Child has consistently refused to take up any Additional Where the Child has consistently refused to take up any Additional
Services over a period of 28 days, the Provider is to notify the Services over a period of 14 days, the Provider is to notify the Purchaser
Purchaser within seven days of the expiry of the 28 day period, of at the earliest opportunity of such refusal. After such time the Purchaser
such refusal. After such time the Purchaser and Provider will and Provider will agree whether the Additional Services are to continue to
agree whether the Additional Services are to continue to be be provided or not. The agreed changes shall be specified as a
provided or not. The agreed changes shall be specified as a continuation of section 11 of the IPA.
continuation of section 12 of the IPA.
8.10 Invoices must only be reflective of changes in the Services and Invoices must only be reflective of changes in the Services, Additional
Price agreed to and charged for from the date the change in Services, Price and Additional Fees agreed by the delegated authority of
Service commenced. both parties, and charged for from the date the change in Service
commenced.
9.2 The Provider shall regularly monitor the Child’s placement and The Provider shall regularly monitor the Child’s placement and give
give regular feedback to the Purchaser. If the matters notified regular feedback to the Purchaser. If the matters notified under Clause
under Clause 10.1 continue to have a disruptive influence on the 9.1 continue to have a disruptive influence on the Placement, a
Placement, a Placement Review Meeting will be held to agree a Placement Review Meeting will be held to agree a corrective course of
corrective course of action. action.
9.6 In the event of Foster Carer(s) deciding to move registration to In the event of Foster Carer(s) deciding to move registration to another
another independent fostering agency or a local authority, the independent fostering agency or a local authority, the Fostering Network’s
Fostering Network’s Transfer of Carers Protocol will come into Transfer of Carers Protocol will come into effect. The IPA arrangements,
effect. The IPA arrangements, including Care arrangements and including Care arrangements, Additional Services, Price and Additional
Price shall, subject to contrary written agreement, remain the Fees shall, subject to contrary written agreement, remain the same.
same.
10.1 Where the Child becomes Absent from the Foster Carer’s home Where the Child becomes Absent from the Foster Carer’s home and/or
and/or care of the Provider for a continuous period of twenty one care of the Provider for a continuous period of fourteen (14) days due to
(21) days due to hospitalisation, or seven (7) days for other hospitalisation, or seven (7) days for other absences:
absences:
11.9 The Provider must use reasonable endeavours to ensure that an The Provider must use reasonable endeavours to ensure that an
appropriate infrastructure is in place and maintained to ensure that appropriate infrastructure is in place and maintained to ensure that all
all requirements of this Framework Contract and each IPA under it requirements of this Contract and each IPA under it are met and
are met and developed. developed.
11.10 As a condition of each IPA, the Provider shall enter into a written As a condition of each IPA, the Provider shall enter into a written foster
foster care placement agreement with the Foster Carer(s) with care placement agreement with the Foster Carer(s) with whom it is
whom it is intended that the Child is to be placed. Such agreement intended that the Child is to be placed. Such agreement will meet the
will meet the requirements of Schedule 5 of the 2002 Regulations, requirements of Schedule 5 of the 2002 Regulations, the Child’s Care
the Child’s Care Plan and the requirements of this Framework Plan and the requirements of this Contract.
Contract.
11.11 The Provider shall ensure that all persons including their Staff The Provider shall ensure that all persons including their Staff whose
whose duties involve access to Children, vulnerable persons or duties involve access to, or information about, Children are subject to
other members of the public towards whom the Provider owes a enhanced CRB/ ISA checks and checks by the IFA prior to starting their
special duty of care, are subject to enhanced CRB checks duties, ensuring compliance with the Safeguarding Vulnerable Groups
(including Protection of Children Act and Protection of Vulnerable Act 2006
Adults list checks) and checks by the IFA prior to starting their
duties, ensuring compliance with the Safeguarding Vulnerable
Groups Act 2006.
11.13 Where a CRB check includes disclosure in relation to a member Where a CRB/ ISA check includes disclosure in relation to a member of
of their staff, sub-contractor or Foster Carer, they shall not be their staff, sub-contractor or Foster Carer, they shall not be permitted to
permitted to provide services under this Framework Contract until provide services under this Contract until the Purchaser has confirmed to
the Purchaser has confirmed to the Provider in writing that it is the Provider in writing that it is satisfied that the individual is suitable to
satisfied that the individual is suitable to provide such Services. provide such Services.
12.3 The Provider shall use reasonable endeavours to ensure that all The Provider shall ensure that all drivers of Children have valid licences
drivers of Children have valid licences and current vehicle and current vehicle insurance appropriate to the type of transport being
insurance appropriate to the type of transport being provided, provided, have a current MOT certificate if appropriate and that the
have a current MOT certificate if appropriate and that the number number of passengers shall never exceed the insured or licensed
of passengers shall never exceed the insured or licensed maximum.
maximum.
12.4 The Provider shall use reasonable endeavours to ensure all The Provider shall ensure all vehicles used to transport Children (and any
vehicles used to transport Children (and any additional equipment additional equipment on the vehicle) are maintained and serviced in
on the vehicle) are maintained and serviced in accordance with accordance with the manufacturer’s instructions, with full records being
the manufacturer’s instructions, with full records being kept to kept to verify this.
verify this.
12.5 The Provider shall use reasonable endeavours to ensure all The Provider shall ensure all vehicles used to transport Children are
vehicles used to transport Children are suitable for the type and suitable for the type and condition of users to be carried, including having
condition of users to be carried, including having seatbelts or seatbelts or personal restraints which conform to the relevant British
personal restraints which conform to the relevant British Standard Standard and which are used in all instances.
and which are used in all instances.
12.6 The Provider shall use reasonable endeavours to ensure the The Provider shall ensure the transport is always driven safely and with
transport is always driven safely and with consideration to consideration to passengers’ needs. This shall include conforming to all
passengers’ needs. This shall include conforming to all road traffic road traffic legislation and never driven whilst the driver is under the
legislation and never driven whilst the driver is under the influence influence of alcohol and drugs, excessively tired, or otherwise in
of alcohol and drugs, excessively tired, or otherwise in circumstances of unreasonable risk.
circumstances of unreasonable risk.
16.1 The Provider agrees that it shall meet, and continue to meet the The Provider agrees that it shall meet, and continue to meet the
monitoring and outcomes framework as detailed in the Service monitoring and outcomes as detailed in the Service Specification
Specification (Schedule 1) the Service Delivery and Outcomes (Schedule 1) the Service Delivery and Outcomes Provisions (Schedule 2)
Provisions (Schedule 2) and the Individual Outcomes Assessment and the Individual Outcomes Assessment Provisions (Schedule 3). The
Provisions (Schedule 3). The Provider shall also co-operate with Provider shall also co-operate with the Authorised Officers when carrying
the Authorised Officers when carrying out monitoring and out monitoring and evaluation activities in relation to this Contract.
evaluation activities in relation to this Contract.
16.9 To ensure compliance with the legal requirements for the care of To ensure compliance with the legal requirements for the care of Children
Children in foster care, the Purchaser, or any other such person or in foster care, the Purchaser, or any other such person or body duly
body duly authorised by them shall monitor the Framework authorised by them shall monitor the Contract and all IPAs and the
Contract and all IPAs and the Provider shall reasonably co- Provider shall reasonably co-operate and use reasonable endeavours to
operate and use reasonable endeavours to ensure all Foster ensure all Foster Carers reasonably co-operate with such monitoring.
Carers reasonably co-operate with such monitoring.
16.11 The Purchaser and the Provider shall meet annually to monitor the The Purchaser and the Provider shall meet annually to monitor the
Services. This is subject to other agreed contract monitoring Services. This is subject to other agreed contract monitoring
arrangements. The contract monitoring shall take into arrangements. The contract monitoring shall take into consideration the
consideration the KPIs report and any other available and/or KPIs report and any other available and/or appropriate monitoring
appropriate monitoring information, address any performance information, address any performance issues, and review both the
issues, and review both the Provider's and Purchaser's ability to Provider’s and Purchaser’s ability to meet the requirements of the
meet the requirements of the framework Contract and each of the Contract and each of the IPAs.
IPAs.
16.15 Within three weeks of the termination of the placement, files and records
held by the provider, including children’s individual records, case notes
and information held by provider shall be returned to the Local Authority.
Where a disruption meeting is arranged, all documents shall be returned
within three weeks of this meeting.
17.4 The Provider shall not make any charges to the Child or their The Provider shall not make any charges to the Child or their families in
families in respect of this Framework Contract or any IPA. respect of this Contract or any IPA.
18.1 Deleted - The Provider may increase or decrease the Price and Based on agreed changes to the Care Plan, either party may propose an
Additional Service Fees annually, and submit any proposed increase or decrease of the Price and Additional Service Fees by
changes to the Pricing Schedules of current and prospective IPAs submission in writing of any proposed changes
for the Purchaser’s consideration by 31st January each year. The
Purchaser shall reasonably and promptly consider such proposals.
18.2 Deleted - Any agreed changes to the Price shall take effect from 1
April of the relevant year, subject to agreement of both Parties.
18.3 Deleted - Subject to proposals under 18.1 and any contrary
agreement (including accepted tender terms governing price in
more than one financial year):
18.3.1 Deleted - There may be an annual price increase or decrease.
Annual price changes shall be in line with the Retail Price Index
(or such other inflation index as may be agreed between the
Parties). The price change shall be based on the index published
the preceding November. Any price changes may be considered
up to the indexation figure. Any agreed changes shall take effect
from 1st April in each year.
18.2 Having regard to the actual cost incurred by the Provider and the Having regard to the actual cost incurred by the Provider and if either
resources available to the Purchaser, if either Party finds the Party finds the increase or decrease under sub clause 18.1 too large or
increase or decrease under sub clause 18.3.1 too large or small small then the Parties shall meet and discuss this in good faith.
then the Parties shall meet and discuss this in good faith.
18.3 Inserted - The Purchaser and Provider may request a review of the fees
for current placements on an annual basis. The Provider should submit
any requested changes to the Pricing Schedules of current IPAs for the
Purchaser’s consideration in accordance with any regional price review
processes. The Purchaser shall reasonably and promptly consider such
proposals.
18.3.1 Inserted - Any Price change arising from sub clause 18.3 shall take effect
from 1 April of the relevant year.
18.4 Inserted - Subject to proposals under 18.3 and any contrary agreement
(including accepted tender terms governing price in more than one
financial year):
18.4.1 If the Provider proposes to increase the Price and/or Additional If the Provider proposes to increase the Price and/or Additional Service
Service Fee, then such increases must be demonstrated by the Fee, then such increases must be demonstrated by the Provider as being
Provider as being justified and the Purchaser shall be entitled to justified and the Purchaser shall be entitled to request the Provider to
request the Provider to provide any documents or other provide any documents or other information to support the Price increase
information to support the Price increase before agreeing to the before agreeing to the proposed increase. The provision of such material
proposed increase. will not automatically result in the Purchaser agreeing such increases.
19.1 The Provider is entitled to submit invoices fourteen (14) days prior The Provider is entitled to submit invoices or request payment within
to the end of the month to which they refer. fourteen (14) days prior to the end of the month to which they refer,
unless otherwise agreed in accordance with sub clause 19.4. Any
invoices or request payments submitted prior to this point may be
returned.
19.4 The Provider is entitled to request other payment arrangements Either party is entitled to request other payment arrangements and such
from the Purchaser and the Purchaser shall give such payment requests shall be given reasonable consideration by the other party. Any
requests reasonable consideration. Any alternative arrangement alternative arrangement that is agreed shall be set out in a side letter to
that is agreed shall be set out in a side letter to this Contract. this Contract.
19.5 If, for any reason, the Purchaser and the Provider fail to reach If, for any reason, the Purchaser and the Provider fail to reach agreement
agreement on the annual price review for current placement(s), on the annual Price Review for current placement(s), the Provider must
the Purchaser agrees to pay the invoice(s) less the amount in continue to submit invoices at the previously agreed rate until agreement
dispute, until agreement is reached. The disputed amount will not is reached, the payment of which will not be withheld.. The disputed
be subject to late payment interest charges as stated in clause amount will not be subject to late payment interest charges as stated in
19.7. clause 19.7.
19.7 The Provider shall have the right to make late payment interest If any sum payable under this Agreement is not paid within 30 days (final
charges when payment is not made within 30 days of the receipt date for payment) of the receipt of a correctly submitted and undisputed
of a correctly submitted and undisputed invoice (subject to clause invoice (subject to clause 19.2) that sum will bear interest from the final
19.2) on the outstanding amount from the due date to the date of date for payment until payment is made in full both before and after any
the payment in full at a rate of 2% above the Bank of England judgment at two percent per annum over the Bank of England Reference
base rate from time to time. Rate. The parties agree that this clause 19.7 is a substantial remedy for
late payment of any sum payable under this Agreement in accordance
with Section 8(2) Late Payment of Commercial Debts (Interest) Act 1998.
20.1 The Parties shall act at all times in relation to the Framework The Parties shall act at all times in relation to the Contract and each IPA
Contract and each IPA in good faith in order to meet the needs of in good faith in order to meet the needs of the Children. When a
the Children and it is hoped that it would not at any stage become placement is to be terminated, both parties shall support a smooth
necessary to terminate this Contract due to the default of either transition of the care arrangements for each affected Child.
Party. However where termination is unavoidable, both parties
shall support a smooth transition of the care arrangements for
each affected Child.
20.2.3 twenty-eight days if the Child has been in the Placement for more fourteen days if the Child has been in the Placement for more than twelve
than twelve Weeks. weeks and less than 12 calendar months
20.2.4 twenty eight days if the Child has been in the Placement for more than 12
calendar months.
20.3.1 Absence for a continuous period for twenty eight days due to Following absence for a continuous period for seven days due to
hospitalisation, unless the Provider and Purchaser agree hospitalisation, unless the Provider and Purchaser agree otherwise;
otherwise;
20.4.5 on termination of the Framework Contract on termination of the Contract unless otherwise agreed by the Parties.
20.6 Inserted - Payment will automatically cease at the end of the relevant
notice period.
21.1 In the event of any Breach of an IPA or the Framework Contract In the event of any Breach of an IPA or the Contract which is a
which is a fundamental breach of such seriousness that it justifies fundamental breach of such seriousness that it justifies immediate
immediate termination (which may include cumulative, or repeated termination (which may include cumulative, or repeated Breaches), given
Breaches), given that the best interests of the Child are that the best interests of the Child are paramount, the Party with the right
paramount, the Party with the right to terminate shall, to terminate shall, nevertheless, seek to exercise any such right in a
nevertheless, seek to exercise any such right in a manner which manner which shall be consistent with the Child's best interests and the
shall be consistent with the Child's best interests and the party in party in breach shall, as a residual contractual obligation, reasonably co-
breach shall, as a residual contractual obligation, reasonably co- operate in that purpose.
operate in that purpose.
21.2 In the event of a remediable Breach of an IPA or the Framework In the event of a remediable Breach of an IPA or the Contract, which is
Contract, which is not a fundamental Breach of such seriousness not a fundamental Breach of such seriousness that it justifies immediate
that it justifies immediate termination, the Party not in Breach may termination, the Party not in Breach may issue a remedy notice in writing
issue a remedy notice in writing requiring the Party in Breach to requiring the Party in Breach to remedy the Breach in a specified manner
remedy the Breach in a specified manner within a reasonable within a reasonable specified timescale.
specified timescale.
22.1 The Framework Contract may be terminated in the following The Contract may be terminated in the following circumstances
circumstances:
22.1.2 on written notice by the Party not in Breach in the event of any on written notice by the Party not in Breach in the event of any
fundamental Breach of the Framework Contract, including any fundamental Breach of the Contract, including any fundamental Breach of
fundamental Breach of any IPA and the acts, omissions or events any IPA and the acts, omissions or events including any Insolvency Event
listed in Clause 37.4 shall (non-exclusively) constitute such listed in Clause 37.4 shall (non-exclusively) constitute such fundamental
fundamental breaches; breaches;
23.1 The Provider shall not assign or sub-contract the benefit or burden The Provider shall not assign or sub-contract the benefit or burden of this
of this Framework Contract or any IPA without the prior written Contract or any IPA without the prior written consent of the Purchaser,
consent of the Purchaser, such consent not to be unreasonably such consent not to be unreasonably withheld or delayed.
withheld or delayed.
24.1 The Provider agrees to use its reasonable endeavours throughout The Provider agrees to use its reasonable endeavours throughout the
the duration of the Framework Contract to ensure the continual duration of the Contract to ensure the continual improvement in the
improvement in the planning and the delivery of the Services with planning and the delivery of the Services with regard to effectiveness,
regard to effectiveness, efficiency and economy in meeting the efficiency and economy in meeting the needs of the Children.
needs of the Children.
25.1 The Provider shall indemnify and keep indemnified the Purchaser The Provider shall indemnify and keep indemnified the Purchaser and its
and its officers against any liability, claim, proceedings expenses, officers against any liability, claim, proceedings expenses, or loss in
or loss in respect of personal injury or death or loss of or damage respect of personal injury or death or loss of or damage to property real
to property real or personal, which arises out of any Breach by the or personal, which arises out of any Breach by the Provider and/or any
Provider and/or any reckless or negligent act or omission of the reckless or negligent act or omission of the Provider, its Staff, agents, or
Provider, its Staff, agents, or sub-contractors (including Foster sub-contractors (including Foster Carers) in the course of delivery of the
Carers) in the course of delivery of the Provider’s duties under this Provider’s duties under this Contract and/or any IPA.
Framework Contract and/or any IPA.
25.2 Deleted - The Purchaser shall indemnify and keep indemnified the
Provider and its officers against any liability, claim, proceedings
expenses, or loss in respect of personal injury or death or loss of
or damage to property real or personal, which arises out of any
Breach by the Purchaser and/or any reckless or negligent act or
omission of the Purchaser, its Staff, agents, or sub-contractors
(excluding the Provider) in the course of delivery of the
Purchaser’s duties under this Framework Contract and/or any IPA.
25.2.6 Professional indemnity – a minimum of £5 million in respect of any Professional indemnity – a minimum of £2 million in respect of any one
one claim. claim.
25.2.7 Inserted - Residents Effects Cover – the Provider will ensure all
Children who are placed with them are insured to a minimum of £1500 in
respect of any one claim for each Child. This insurance will cover both
accidental and non-accidental damage.
25.2.8 Inserted - Foster Carer Household Buildings and Contents
Insurance- the Provider will ensure all Foster Carer Households are
adequately insured and maintain adequate insurance. This insurance will
cover both accidental and non-accidental damage.
25.3 Where the Provider provides, with the agreement of the Where the Provider provides, with the agreement of the Purchaser, any
Purchaser, any special therapy specific in the Care Plan/Pathway special therapy specific in the Care Plan/Pathway Plan for the Child, such
Plan for the Child, such therapy shall only be carried out by therapy shall only be carried out by suitably qualified professionals who
suitably qualified professionals who are covered by professional are covered in accordance with sub clause 25.2.1 and 25.2.6. Such
indemnity and public liability insurance of a minimum of £2 million. professionals shall be registered by/with the appropriate professional
Such professionals shall be registered by/with the appropriate body/bodies and conform to all insurance requirements laid down by such
professional body/bodies and conform to all insurance body/bodies. The Provider’s support staff shall only undertake tasks
requirements laid down by such body/bodies. The Provider’s associated with the programme of therapeutic intervention under the
support staff shall only undertake tasks associated with the ongoing supervision and management of the suitably qualified
programme of therapeutic intervention under the ongoing professional.
supervision and management of the suitably qualified
professional.
37.4 The following Acts, omissions and events may constitute The following Acts, omissions and events may constitute fundamental
fundamental breaches of the Framework Contract and/or any IPA breaches of the Contract and/or any IPA by the Provider:
by the Provider:
37.4.7 where the Provider fails to notify the Purchaser if they are made where the Provider fails to notify the Purchaser if they are made aware
aware that anyone working for the Provider or living in the that anyone working for the Provider or living in the Placement is
Placement is convicted of a Schedule 1 offence under the convicted of a Schedule 1 offence under the Children and Young
Children and Young Person’s Act 1933 or is placed on the Sex Person’s Act 1933, is placed on the Sex Offenders Register or has been
Offenders Register (unless the Services offered specialise in the identified as posing a risk, or potential risk, to children or
Placement of Schedule 1 offenders); or
40.3 The Provider shall indemnify the Purchaser and/or any successor The Provider shall indemnify the Purchaser and/or any successor
provider against all reasonable costs, expenses and liabilities provider against all reasonable costs, expenses and liabilities incurred as
incurred as a result of any claim made by any employee of the a result of any claim made by any employee of the Provider transferred
Provider transferred under TUPE in relation to the expiry or under TUPE in relation to the expiry or termination of this Contract or any
termination of this Framework Contract or any IPA in respect of IPA in respect of his/her employment with the Provider, or any breach of
his/her employment with the Provider, or any breach of TUPE TUPE Regulations by the Provider, provided that the Provider shall in any
Regulations by the Provider, provided that the Provider shall in any such case be given the opportunity at its own cost to defend or settle any
such case be given the opportunity at its own cost to defend or such claim.
settle any such claim.
40.4 Where the expiry or termination of this Framework Contract or any Where the expiry or termination of this Contract or any IPA results in any
IPA results in any transfer of any employee of the Provider (or any transfer of any employee of the Provider (or any sub-contractor of the
sub-contractor of the Provider), the Purchaser shall as a condition Provider), the Purchaser shall as a condition of the contract in respect of
of the contract in respect of the successor service procure an the successor service procure an indemnity from the successor provider
indemnity from the successor provider against all reasonable against all reasonable costs, expenses and liabilities incurred as a result
costs, expenses and liabilities incurred as a result of any claim of any claim made by any such employee in respect of his/her
made by any such employee in respect of his/her employment employment with the successor provider, or any breach of TUPE
with the successor provider, or any breach of TUPE Regulations Regulations by the successor provider, provided that the successor
by the successor provider, provided that the successor provider provider shall in any such case be given the opportunity at its own cost to
shall in any such case be given the opportunity at its own cost to defend or settle any such claim.
defend or settle any such claim.
For reference / accountability and for reporting on observations of National Contract to National Steering Group
Section Original Text Amended Text
National Framework Contract for Independent West Midlands Contract for Independent Fostering Agency
Fostering Agency placements placements
1. General The obligations place on the provider in relation to this The obligations place on the provider in relation to this schedule
Description schedule in the Framework Contract are reporting in the Contract are reporting obligations only , the aim being
obligations only , the aim being to ensure information is to ensure information is produced to allow the Purchaser to
produced to allow the Purchaser to monitor performance. monitor performance.
It is the intent of the Framework Contract that only the It is the intent of the Contract that only the failure to make a
failure to make a reasonable effort to meet the reporting reasonable effort to meet the reporting requirements may lead
requirements may lead to instigation of the dispute to instigation of the dispute mechanism
mechanism.
3.2 Reporting The Provider undertakes to use reasonable endeavours to The Provider undertakes to use reasonable endeavours to report
report against all of the indicators in the framework set against all of the indicators in the set out at Appendix A. The
out at Appendix A. The Provider and Purchaser together Provider and Purchaser together may agree which indicators
may agree which indicators should be reported as a should be reported as a priority.
priority.
Appendix A Where additional indicators have been added as part of the Where additional indicators have been added as part of the National
National Fostering Contract outcomes framework these are shown Fostering Contract outcomes these are shown in italics
in italics.
For reference / accountability and for reporting on observations of National Contract to National Steering Group
Section Original Text
National Framework Contract for Independent Fostering
Agency
Schedule 3 to the Framework Contract
Section 1 This Schedule is part of the suite of documents which make up
the National Framework Contract for purchase of Independent
Fostering Agency Placements and will be used to monitor
individual desired outcomes for children and young people in
placements. The purpose of this information is to demonstrate
that the service being provided is benefiting children placed and
adding real value to their lives
Section 2 Before the second review the foster carer and their supervising
social worker will complete the Tracker document paying
particular attention to the outcomes identified as a priority. Other
outcomes should also be scored. These however do not need to
be reported against at this time. Carers will be expected to seek
and incorporate views of children placed with them (NB a
children’s version will be developed in consultation with children
and young people during the first year of implementation of the
National Framework Contract)
Scoring Definitions The child consistently fails to achieve this outcome in a way
that is generally appropriate for children of their age and ability.
The child frequently fails to achieve this outcome in a way that
is generally appropriate for children of their age and ability in.
Their functioning may not be consistently below this level but
taken overall they are mainly unable to sustain the outcome within
the appropriate range.
The child achieves this outcome in a way that is generally
appropriate for children of their age and ability. Their functioning
may not be consistently at this level but taken overall they are
mainly able to sustain the outcome within the appropriate range.
The child frequently exceeds achievement of this outcome in a
way that is generally appropriate for children of their age and
ability. Their functioning may not be consistently above this level
but taken overall they are mainly able to sustain the outcome at or
above the appropriate range.
The child consistently exceeds achievement of this outcome
in a way that is generally appropriate for children of their age and
ability
Be Healthy The child’s physical health is as good as possible and they
receive treatment when required
The child’s oral health is as good as possible and they are
The child’s sight is as good as possible and they are routinely
The child’s hearing is as good as possible and they are assessed
The child exercises at least twice a week and enjoys reasonable
fitness
The child’s weight is normal for their age within appropriate limits
according to their age and centile
Stay Safe The child is emotionally attached to their primary carer
Enjoy And Achieve The child attends education regularly
Deleted - The child receives additional help at school when
required
The child is able to develop manual, social and sporting skills in
line with their interests and ability
The child has access to a quiet area in the foster home where
they are able to complete homework
Positive Contribution The child is aware of plans for the future in way which is
appropriate to their age and development
The child takes part in household tasks appropriate to age and
ability and receives recognition for the contribution they make to
the life of foster family
The child has opportunity to take part in school and community
activities for benefit of others and to develop an awareness if
environmental issues
The child is allowed and encouraged to take responsibility for
themselves and others
The child is self confident
Economic The child progressively gains independent living skills as they
Independence grow older
The child saves money in a personal savings account
Deleted - The child understands what it means to be employed
and the relationship between working and receiving money (at an
age appropriate level)
The young person has a reasonable understanding of how
financial institutions work and how to manage money responsibly
Deleted - The young person has basic life skills that prepare them
to successfully move on from their foster placement
s of National Contract to National Steering Group
Amended Text
WEST MIDLANDS Contract for Independent Fostering Agency
placements
Schedule 3 to the Contract
This Schedule is part of the suite of documents which make up the West
Midlands Contract for purchase of Independent Fostering Agency
Placements and will be used to monitor individual desired outcomes for
children and young people in placements. The purpose of this
information is to demonstrate that the service being provided is benefiting
children placed and adding real value to their lives.
Before the second review (or within 4 months of the placement start
whichever is sooner) the foster carer and their supervising social worker
will complete the Tracker document paying particular attention to the
outcomes identified as a priority. Other outcomes should also be scored.
These however do not need to be reported against at this time. Carers
will be expected to seek and incorporate views of children placed with
them
This outcome is consistently not achieved
This outcome is frequently not achieved
This outcome is achieved
This outcome is frequently exceeded
This outcome is consistently exceeded
The child’s physical health including oral health, sight and hearing is as
good as possible and they receive treatment when required
Deleted
Deleted
Deleted
The child exercises and enjoys reasonable fitness
The child’s weight is within appropriate limits according to their age and
centile
Inserted - The child can swim
Inserted - Young person makes healthy lifestyle choices.
Inserted - Young person makes positive informed choices around use of
drugs, alcohol and volatile substances.
The child is emotionally attached to the foster family.
The child enjoys education attends regularly
Inserted - The child has access to and is able to use a computer and
Inserted - The child takes part in and enjoys other school activities
The child develops intellectual, manual, social and sporting skills in line
with their interests and ability
Deleted
The child is aware of and contributes to plans for their future in way which
is appropriate to their age and development
Inserted - The child's sense of self-worth is promoted through feeling that
their views are important, listened to and taken account of.
Inserted - The child is allowed and encouraged to take responsibility for
themselves and others.
Inserted - The child develops a sense of responsibility and awareness of
self and others, of being part of a community and developing an
awareness of environmental issues.
The child develops self-confidence.
The child progressively gains independent living skills as they grow older
and have basic life skills to prepare them to successfully move on from
their foster placement.
The child saves money in a personal savings account and uses their
money carefully.
Young people have a reasonable understanding of how financial
institutions work and how to manage money responsibly.
For reference / accountability and for reporting on observations of National Contract to National Steering Group
Section Original Text
National Framework Contract for Independent Fostering
Agency placements
Schedule 4 to the Framework Contract
The IPA is the Individual Placement Agreement, for each Child
placed with the Provider and which forms part of the Framework
Contract
The Terms and Conditions of the Framework Contract are
incorporated into the IPA, as far as applicable and subject to
variation under the specific terms of this IPA.
3 THE PLACEMENT DETAILS
The named Child / Young person may not be moved to another
Foster Carer/s by the Provider without the prior approval of the
Purchaser.
3.2 The Child / Young Person will be placed with Foster Carers at
the following address:
Name & Address of Foster Carers home
Name of Foster Carers’ Social Worker:
5 Expected duration and intent
Deleted - Date the placement commences
Deleted - Duration of placement:
Deleted - Emergency placement
6.1
In accordance with the Core Cost Specification and the
Pricing Schedule of the Framework Agreement, the
Purchaser shall pay the Provider the following sums:
The Standard Weekly Price as stated in the core cost
specification, Schedule 5 of the Framework Contract.
Deleted - The fee is exclusive of VAT (*delete as appropriate)
*If appropriate, any placement retention fee agreed. Please
detail the start and end date that placement will be retained
for
6.2
6.3
7.1 Please detail any specific outcomes which are to be
prioritised for this Child/Young person, which will be
recorded in Schedule 3 of the Framework Contract -
Individual Tracker
8.00 INVOICES – DETAIL WHERE THE PROVIDER SHALL SEND
INVOICES FOR PLACEMENT
9 Lists the following documents to be provided to the Provider, by
the Purchasers, as part of the pre-admission placement planning
process. (This documentation must be provided at placement start
date or within 7 days if an emergency placement.)
LAC Documentation (inc Care Plan)
List of Personal Belongings (including clothing)
Other please specify e.g. YOT documentation, CAMHS
assessments, risk assessments (including Behaviour risk
assessment etc. 1 & 2
Placement Plan
Essential Information 1 & 2
9.2
10 The Provider and the Purchaser agree to the placement with the
named Foster Carers for the named Child / Young Person in
accordance with the details set out above. For the Purposes of
this Individual Placement Agreement, the date the placement
commences may not be affected or altered in any way by the date
of signature of this Agreement.
11 Amendments and Variations to the IPA must be made in writing
by the requesting party and agreed by the Purchaser and the
Provider in advance to the variation to the IPA taking effect. Any
variations to the services and costs must be detailed in an
abridged version of the IPA, completing only the necessary
sections that the amendment/variation will affect. The amended
IPA will form part of the original IPA Agreement. The amended
IPA must be signed by both parties (as per section 11 of the IPA)
prior to any change in service and costs become payable under
this agreement.
s of National Contract to National Steering Group
Amended Text
SCHEDULE 4
THE PURPOSE OF THE IPA
The IPA is the Individual Placement Agreement, for each Child placed
with the Provider and which forms part of the Contract.
The Terms and Conditions of the Contract are incorporated into the IPA,
as far as applicable and subject to variation under the specific terms of
this IPA
Inserted - Child UPRN (if different):
Inserted - Disability:
PLACEMENT DETAILS
The named Child may not be moved to another Foster Carer(s) by
the Provider within or outside of the organisation without the prior
written approval of the Purchaser
The Child will be resident at the following registered establishment.
Full Postal Address of Foster Carer:
Contact Address of Foster Carers’ Social Worker:
Expected duration:
Inserted - Purpose of Placement:
Inserted - Type of
Inserted - The expected time frame to achieve this move and therefore
the duration of this placement is:
Inserted - Additional Services to be provided & Additional Fees
In accordance with the Core Cost Specification and the Pricing
Schedule of the Agreement, the Purchaser shall pay the Provider
the following sums and with effect from the date in Section 3.1.
above, the Purchaser shall pay the Provider the sum of:
The Standard Weekly Fee as stated in Schedule 5 of the Contract -
Core Cost Specification & Pricing Schedule.
The Weekly Reservation Fee as stated in Schedule 5 of the Contract -
Core Cost Specification & Pricing Schedule. Please detail the start and
end date that placement will be retained for.
Inserted - Outcome / Description of Service / Requirement
Inserted - Total Weekly Fee
Inserted - Based on the fees stated in 6.1 & 6.2, state the weekly fee
payable & charged to the Purchaser
Inserted - Total IPA Weekly Fee Payable: per week
Not withstanding the requirements of the Contract Service
Specification, Please detail any specific outcomes which are to
prioritised for this Child / Young Person, which will be recorded in
Schedule 3 of the Contract – Individual Outcomes Tracker. Any
additional resource / cost implications must be identified above in
Section 6.2.
INVOICES - Details of where invoices for the agreed placement
Confirmation that the following documents have been provided by
the allocated social worker to the Provider as part of the pre-
admission placement planning process. (* Must be provided at
placement start or within 7 days if an emergency placement )
LAC or DOH Documents (inc Care Plan) *
Deleted
Other please specify e.g. YOT documents, CAMHS assessments, risk
assessments etc.
Placement Plan 1 & 2 or equivalent
Essential Information 1& 2 or equivalent
Inserted - Pocket Money details
Inserted - Long Term Savings requirements
Inserted - Festival and Birthday Allowances requirements
Inserted - Benefit Entitlement
Inserted - Confirmation that the following documents have been
provided by the Provider to the allocated social
worker as part of the pre-admission placement planning process.
Inserted - The initial Individual Child’s Placement Plan which includes an
explicit risk assessment and risk management plans for keeping the
Child safe from known risks.
Inserted - The Home’s Statement of Purpose and Function
Inserted - The Children’s Guide
Inserted - Any other information about the Service that the Agency
provides for Children, parents/carers and placing authorities including
complaints procedure.
Inserted - A copy of the most recent OFSTED inspection report along
with the Provider’s action plan if applicable.
The Provider and Purchaser agree to the placement with the named
Foster Carers for the named Child in accordance with the details set out
above. For the purposes of this Individual Placement Agreement, the
Agreement Commencement Date is the date of actual admission of the
Child to the Home. This condition and the Agreement in its entirety are
not affected or altered in any way by the actual date of signature of this
Agreement.
Amendments and Variations to the IPA must be made in writing by the
requesting party and agreed by the Purchaser and the Provider in
advance to the variation to the IPA taking effect. Any variations to the
services and costs must be detailed in an abridged version of the IPA,
completing only the necessary sections that the amendment/variation will
affect. The amended IPA will form part of the original IPA Agreement.
The amended IPA must be signed by both parties (as per section 10 of
the IPA) prior to any change in service and costs become payable under
this agreement.
For reference / accountability and for reporting on observations of National Contract to National Steering Group
Section Original Text
National Framework Contract for Independent
Fostering Agency placements
Schedule 5 to the Framework Contract
1
2 Provide replacement school uniform, general sports
activity clothing and other clothing.
Exceptional expenses e.g. change of school requiring new
school uniform will be negotiated between Purchaser and
Provider.
5
6 Contact
8 All such payments are to be included and agreed to at the
time of placement or at subsequent IPA review meetings.
All such payments shall not be less than the Local
Authorities recommended amounts.
9 The Provider or their carer are expected to fund and
organise home to school transport for the children placed
with them, within a 20 mile radius.
12 The Provider or their carers are expected to fund the day-
to-day transport needs for the children/young people
placed within a 20-mile radius, unless the Purchaser and
the Provider agree otherwise. This agreement shall be
specified in the Individual Placement Agreement (IPA).
13 Transport to and from college within a 20 mile radius,
training courses, apprenticeships and/or work
Support the young person to find suitable
accommodation when leaving care, working with the
Local Authority to do so.
14 Allocate a weekly savings allowance for the child/young
person in accordance with the Local Authorities agreed
savings protocol for child/young people in care. This
agreement will be made at the point of placement and
subsequent IPA review meetings.
B Pricing Schedule The Provider shall complete the Pricing Schedule detailing
their Standard weekly price to be charged for a
Child/Young person, in the specified categories of service.
Depending on the severity of need of the child placed,
providers may wish to detail the range of fees to be
charged. If the Provider’s pricing is applied according to
age bands and discounts of any nature are offered, this
shall be specified in table 1.7 of the Pricing Schedule.
1.4 The Provider shall specify the validity period of the prices
quoted within the Pricing Schedule.
1.6 The prices quoted do not bind either the Purchaser or the
Provider in agreeing an alternative standard weekly price
to be charged, following a review and assessment of the
child or young person’s needs and requirements
1.7 You may wish to detail the range of fees to be charged,
depending on the severity of need in each service
category
Age Band
Long Term (when permanency agreed)
Short break (not more than six weeks, including periods
of less than 24 hours)
Siblings (2 or more CYP)
1.8 Additional services provided included within Standard
Weekly Fee:
onal Contract to National Steering Group
Amended Text
Schedule 5:
Inserted - Working with all agencies to meet the Care Plan and
any other relevant plans (eg PEP)
Provide school uniform, general sports activity clothing and
other clothing.
Exceptional expenses will be negotiated between Purchaser and
Provider.
Inserted - Up to 14 days holiday allowance per year for
child/young person to accompany foster carers on holiday or to
engage in activities as an alternative (eg: daytrips, outings,
play scheme etc.)
Inserted - Up to 14 days per year respite care (both are pro
rata to the length of the placement)
Inserted - The Provider or their carers to facilitate, transport,
host and promote contact with siblings, parents and relatives as
specified in the child/young person’s contact arrangements,
following a risk assessment.
Inserted - Carry out basic life story work.
All such payments are to be included and agreed to at the time
of placement or at subsequent IPA review meetings. All such
payments shall not be less than the Purchaser’s recommended
amounts.
The Provider or their carer are expected to fund and organise all
home to school transport for the children placed with them,
within a 20 mile radius of the foster home up to 200 miles per
week averaged out over the invoice period (for example up to
800 miles over a invoice period of 4 weeks).
The Provider or their carers are expected to fund the day-to-day
transport needs for the children/young people placed, within a
20-mile radius of the foster home up to 200 miles per week
averaged out over the invoice period (as per the above
example)). This agreement shall be specified in the Individual
Placement Agreement (IPA).
All transport to and from college within a 20 mile radius of the
foster home, including training courses, apprenticeships and/or
work up to 200 miles per week averaged out over the invoice
period (as per the above example).
Support the young person to find suitable accommodation when
leaving care, working with the Purchaser to do so.
Allocate a weekly savings allowance for the child/young person
in accordance with the Purchaser’s agreed savings protocol for
child/young people in care. This agreement will be made at the
point of placement and subsequent IPA review meetings.
The Provider shall complete the Pricing Schedule detailing their
Standard weekly price to be charged for a Child/Young person,
in the specified categories of service. Depending on the level of
need of the child placed, providers may wish to detail the range
of fees to be charged. If the Provider’s pricing is applied
according to age bands and discounts of any nature are offered,
this shall be specified in table 1.7 of the Pricing Schedule.
The price will be valid from 1st April to the 31st March of the
following year unless agreed otherwise
The prices quoted do not prevent either the Purchaser or the
Provider in agreeing an alternative standard weekly price to be
charged, following a review and assessment of the child or
young person’s needs and requirements.
You may wish to detail the range of fees to be charged,
depending on the level of need in each service category & age
range specific or offer a single standard fee.
Age Range (Please specify age ranges if applicable)
Long Term (when permanency agreed or when placed for over 2
years)
Short break (not more than six weeks, including period less
than 24 hours)
Siblings (2 or more CYP). Fee applies to all siblings in
placement
Inserted - Reservation Fee (if applicable)
Additional services provided & included within Standard Weekly
Fee:
