Breach of Contract Requests for Admission - Excel

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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:

				
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