NORTHUMBERLAND CARE TRUST
Home Care Version August 2005
1 of 25 Spot Contract for Domiciliary Care
SPOT CONTRACT FOR DOMICILIARY CARE
NORTHUMBERLAND CARE TRUST
Terms and Conditions for Home Care Version August 2005
NOW IT IS AGREED between the Trust and the Provider as follows:
1 The Trust desires to engage the Provider to provide the Service set out in
2 The Provider is willing to perform the Service in accordance with the
provisions of the Contract and at the rates and prices submitted.
3 This Contract comprises of this document and all schedules hereto.
SECTION A: DEFINITIONS
Throughout this Contract, except where the context otherwise requires, the
following expressions shall have the meanings hereby ascribed to them:
“Authorised Officer” means the appointed representative of the Trust in respect
of this Contract.
“Authorised Representative” means the appointed representative of the
Provider in respect of this Contract.
“Care” means the services delivered by the Provider on behalf of the Trust as
determined by the Trust‟s assessment of need which may be either of a personal
or non-personal nature.
“Care Manager” means the employee or agent of the Trust responsible for co-
ordinating the assessment of the Service Users needs and arranging Services to
“Care Management paperwork” means the pro forma devised by the Trust by
which information concerning the specific Service to be delivered to an individual
Service User is communicated to the Provider.
“Conditions” means all the terms and conditions of this Contract.
“Contract Rate” means the cost of the provision of the domiciliary Service as
charged by the Provider to the Trust as set out within the Schedule of Prices.
“Effective Date” means the date identified at Page 20 and is either the date of
first delivery of the Service or the date which it is agreed that the Contract will
“Employees” means the Employees of the Provider.
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“Personal Plan” means the individual Care Plan which is agreed for the Service
User of the Service and which may be amended from time to time
"Provider Staff" - means all staff employed by the Provider in order to carry out
the services under this Contract.
“Quality Statement” means the written statement submitted by the Provider for
the approval of the Trust.
“Registration Certificate” means the certificate presented to the provider by the
Commission for Social Care Inspection (or its successor in title) under the
provisions of the Care Standards Act 2000.
“Respite Service” means any planned period of absence of the Service User
from the place of service delivery.
“Service” means the provision of domiciliary care as more particularly defined
within the Service Specification.
“Service Specification” means the description of the Service to be provided by
the Provider described in Section C of this Contract.
“Service User” means adults resident within the County boundary who, because
of age or disability, require assistance with daily living tasks and skills.
“Trust’s Racial Discrimination and Equal Opportunities Policy” means the
Trust‟s employment policy and codes of practice relating to racial discrimination
and equal opportunities in place from time to time and which shall be copied to
Throughout this Contract the masculine form shall be used to indicate both
masculine and feminine form.
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SECTION B. GENERAL CONDITIONS
B1.1 The Trust requires the Provider to provide a domiciliary Care Service
to the Service User as identified in Schedule A of the Personal Plan.
The purpose of the Contract is to enable the Service User to live within
their chosen community setting while maintaining their independence,
and to prevent unnecessary admission to hospital or long term care in
accordance with Section C of this Contract. For the avoidance of
doubt the Provider will deliver Care to any and all categories of Service
User referred to it and agreed under the Terms of this Spot Contract.
B2 PERIOD OF AGREEMENT
B2.1 This Contract shall commence on the Effective Date and subject to
prior termination shall continue in force until such time as it is
terminated under the provisions of Condition B11.
B2.2 The Trust reserves the right to renegotiate this contract in the event of
substantial changes in demand for the Service or in Trust policy.
B3 PROVIDER’S OBLIGATIONS
B3.1 THE QUALITY OF THE SERVICE
B3.1.1 The Provider shall provide the Service with due diligence and in a
proper and skilful manner to the reasonable satisfaction of the
B3.1.2 The Provider shall be a member of the United Kingdom Homecare
Association or such other trade association as may assist in the
furtherance of the Service, and shall act at all times in accordance with
any relevant code of practice issued by such association.
B3.1.3 Notwithstanding Clause B3.1.2 it is a fundamental term of this Contract
that the Provider is registered with the Commission for Social Care
Inspection or its successor in title as established by the Care
Standards Act 2000.
B3.1.4 Should the Trust be required or decide to institute additional quality
standards, implementation will be discussed with the Provider under
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B3.2 QUALITY STATEMENT
B3.2.1 The Provider is required at the absolute discretion of the Trust to
submit for the approval of the Trust a Quality Statement in which its
methods for delivering the Service as specified are detailed, inclusive
but not exhaustive of:
- aims and objectives for delivering the Service
- methods for delivering the Service in accordance with Service Users‟
- recruitment and selection procedures
- job descriptions
- training and staff development procedures
- system of individual staff training records
- management arrangements
- supervision and work allocation procedures
- arrangements for ensuring consistency in delivering the Service
- quality assurance system
- cash handling procedures
The Providers Statement of Purpose submitted to the Commission for
Social Care Inspection as part of the registration process may be
submitted toward meeting this requirement in part. The Trust hereby
reserves its position to seek further clarification on specific issues
affecting this Clause which are deemed not to be addressed or not
sufficiently addressed by such document.
B3.3.1 The Provider shall maintain a true and correct set of records relating to
its performance under this Contract. Such information shall be
inclusive but not exhaustive of:
- number of care hours being provided under the Contract;
- financial level of Service being purchased at any one time;
- number and type of complaints received;
- number of occasions when the Provider is unable to deliver a
Service and the reasons why;
- number of occasions when a Service User terminates the Service
and the reasons why.
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B3.3.2 The Trust and the Provider undertake to inform each other as soon as
possible of any information or changed circumstance, which may affect
the delivery of the Service or the Contract.
B3.3.3 The Trust reserves the right to carry out such independent vetting of
the Provider as it considers necessary and to require access upon
request to financial information particularly in circumstances where the
continuing viability of the Provider is in question. A statement from an
independent Chartered Accountant and a banker‟s reference
confirming the financial viability of the Provider shall be provided
should the Trust require it.
B3.3.4 Notwithstanding Clause B3.3.3 the Trust may require the submission
of detailed audited accounts in circumstances where it reasonably
believes there is a likelihood of catastrophic business failure by the
Provider. The Provider hereby agrees to comply with such requirement
and to use its best endeavors to deliver such information to the Trust
within ten working days.
B4.1 REFERRALS TO THE PROVIDER
B4.1.1 The Provider will receive information regarding the Service User by
means of the Care Management paperwork and the relevant section of
the Initial Information Form. Requests for further information from the
Provider in respect of the Service User shall be considered, but shall
not be unreasonably withheld.
B4.1.2 Notwithstanding the provisions of Clause B4.1.1 the Provider shall
deliver the service as more particularly defined in the Personal Plan
which will be provided by the Trust to the Provider.
B4.1.3 Notwithstanding the provisions of Clause B4.1.1 the Trust and the
Provider will consider effective and efficient means of referral to the
Provider as part of the review outlined in B8. Such consideration may
include „best practice‟ derived from other work of a similar nature
operated by the Trust or by the Provider in delivering similar work in
B4.2.1 The Provider shall maintain such insurance as is necessary to cover
liability, loss, claim, damages or proceedings whatsoever arising under
any statute or at common law and shall indemnify the Trust against
any and all claims in respect of:
- any damage to or destruction of property, real or personal;
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- any injury, illness or disease to persons, fatal or otherwise;
arising out of or in the course of or in connection with or in
consequence of the provision of the Service. Cover shall include:
a. Employers liability (£10,000,000 in respect of any one incident);
b. Public liability (£3,000,000 in respect of any one incident);
c. Malpractice (£2,000,000 in annual aggregate)
d. Contents (£500 per Service User to cover the personal property of
each Service User against loss and damage, including theft or
B4.2.2 If requested by the Trust, the Provider shall produce evidence that the
insurances required are properly maintained.
B4.3 HEALTH AND SAFETY
B4.3.1 The Provider shall ensure that the Service is provided with proper
regard to health and safety legislation comprising all statutes,
regulations, British Standards and guidance notes relating to health
and safety relevant to this Contract.
B4.3.2 The Trust shall inform the Provider of any known relevant health and
safety considerations arising from individual assessments. However,
the Provider shall remain responsible for the health and safety of its
B4.3.3 Any equipment, materials and sundry items belonging to the Provider
and used in the delivery of the Service, including vehicles used to
transport the Service User, shall be properly maintained in a safe state
and have appropriate insurance cover at the Provider‟s expense.
B4.3.4 Notwithstanding the provisions of Clause B4.6.3 the Trust will use its
best endeavours to ensure that equipment provided by the Trust to the
Service User within the Service User‟s home is maintained in a safe
B4.3.5 Notwithstanding the preceding provisions of this Clause B4.6 the Trust
and the Provider will consider health and safety issues within the
context of referrals to the Provider as part of the review process
detailed at B8. Such consideration may include „best practice‟ derived
from other work of a similar nature operated by the Trust or by the
Provider in delivering similar work in another setting.
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B4.4.1 The Provider will be required to maintain a procedure for receiving and
investigating complaints and keeping details of how many complaints
are received and how they are dealt with.
This procedure must:
- be publicised to everyone receiving a Service from the Provider
- ensure that complaints are speedily dealt with and that complaints
receive a written statement of the Provider‟s response
- ensure that complainants who are not satisfied with the Provider‟s
response are informed of their right to refer their complaints to the
Trust‟s Complaints Manager.
- ensure that complainants are made aware that they may make a
complaint to the Commission for Social Care Inspections or its
successor in title.
B4.4.2 The Provider undertakes to co-operate with any investigation which
The Trust or the Commission for Social Care Inspection may carry out
into a complaint referred to it.
B5 TRUST’S OBLIGATIONS
B5.1 FINANCIAL ARRANGEMENTS
B5.1.1 The Trust will pay the Provider weekly in arrears at the rate specified in
Schedule A of the Personal Plan. Payment will be made via BACS
within 10 working days of receipt of the Providers invoice
B5.1.2 The Trust will pay for the Service if the Provider is unable to gain
access to deliver the Service.
B5.1.3 The Service User‟s weekly charge will wherever possible be made to
the Trust by Direct Debit arrangement. Where this is not possible, the
Trust will invoice the Service User direct. Where this is not possible,
payments to the Provider will be made net of the weekly charge to be
collected by the Provider from the Service User and a receipt provided
to the Service User. These arrangements will be reviewed periodically
under Clause B8.
B5.1.4 The Provider will submit a weekly invoice using the approved
stationery supplied by the Trust.
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B5.1.5 The level of any weekly charge to Service Users shall be set by the
Trust. Individual exemptions to this procedure shall be by agreement
with the appropriate Authorised Officer. The Provider shall give details
of its procedures for handling cash in its Quality Statement.
B5.1.6 The Provider is responsible for any increased costs incurred in
providing the Service throughout the Contract Period.
B5.1.7 In April of each year, the Contract Rate shall be adjusted in direct
proportion to the sum of the provisions set out below. In the event that
any of the relevant indices for the December prior to an Adjustment
Date have not been published by the Adjustment Date then the
implementation of the adjustment shall be delayed until the publication
of the relevant indices with the effect backdated to the Adjustment
(i) 80% of the percentage change between the average monthly value
of the Index of Average Earnings (actual whole economy (LNMM))
for the twelve month period ending 31 December immediately
preceding the Adjustment Date (“Second Reference Date”) and the
average monthly value of the same index for the twelve month
period ending 31 December prior to the Second Reference Date
(“First Reference Date”); and
(ii) 20% of the percentage change between the average monthly value
of the Retail Price Index (CHAW) for the twelve months ending on
the Second Reference Date and the average monthly value of the
same index for the twelve months ending on the First Reference
B5.1.8 Notwithstanding the provisions of Clause B5.1.6 and B5.1.7 the
Provider may at any time request that the Trust considers the impact
on the Service of such other reasonable cost pressures as may affect
the reasonable delivery of the Service in the longer term. In such
circumstances the Trust may require, and the Provider will supply,
such detailed information as may allow the Trust to reasonably
consider the assertion made by the Provider.
B6.1 No deletion from, addition to, or variation of this Contract shall be valid
unless agreed in writing by both parties such agreement not to be
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B7.1 The Trust shall institute a system to monitor, quantitatively and
qualitatively, the Service and may modify that system from time to
time. Such a system may include:
- Service User surveys (including formal and informal carers);
- regular progress meetings between Trust and Provider staff. The
frequency, scope and composition of such meetings shall be at the
reasonable discretion of the Trust as determined from time to time.
B7.2 The Provider shall institute a Service User-centred system of self-
monitoring of its Service delivery and shall forward details of this
system to the Trust as part of its Quality Statement.
B7.3 The Provider shall allow any of the Trust‟s employees nominated for
the purpose reasonable access to inspect the Service.
B8.1 The welfare, health and progress of the Service User and the
continuing appropriateness of the individual Service shall be reviewed
B8.2 The review arrangements shall be outlined by the Care Manager on
the Service Details Sheet and shall be Service User-centered. The
Provider, the Carer, the Service User (including the Service User‟s
family) or the Trust may request a review at any time.
B8.3 Both the Trust and the Provider will use their best endeavours to pass
to each other any information significant to the Service and to notify
each other as soon as reasonably practicable of any change of
circumstance which affects this Contract. Any change to the date, time
or level of Service other than that resulting from unforeseen temporary
situations shall be by agreement only.
B8.4 The Provider, the Service User of the Trust may request a review at
B9.1 The Trust and the Provider mutually agree to respect the confidential
nature of information pertaining to or arising from this Contract and to
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B9.2 The Provider shall have a clear policy with regard to Confidentiality
which is understood by all Provider staff. The Provider shall include
details of its confidentiality policy in its Quality Statement.
B9.3 Any information concerning Service Users is subject to the Data
Protection Act 1998.
B9.4 Any information concerning Service Users is subject to the Freedom of
Information Act 2000 and the Environmental Information Regulations
Notwithstanding anything to the contrary contained or implied in any
documents or negotiations leading to the formation of this Spot
- the Trust shall be responsible for determining at its absolute
discretion whether to disclose information forming part of this Spot
Contract to anyone who makes a reasonable request under the
provisions of the Freedom of Information Act 2000 (“the Act”) and
the Environmental Information Regulations 2004 (“the Regulations”
subject to any Codes of Practice and any relevant exemptions
under the Act or the Regulations.
- the Trust shall reasonably endeavour to consult with the Provider in
respect of any requests for information made under the Act or the
Regulations affecting information provided by the Provider and the
Trust shall have regard to any comments and objections made
regarding disclosure of the information provided by the Provider.
Nothing contained in this Spot Contract shall prevent the Trust from
disclosing information under the provisions of the Act or the
Regulations any term or condition or information contained in or
relating to the formation of this Spot Contract.
- shall co-operate with the Trust and supply to it all necessary
information and documentation required in connection with any
request for information received by the Trust under the Act or the
- shall supply all such information and documentation at no cost to
the Trust within five working days of receipt of any request;
- acknowledges that any lists or schedules provided outlining
commercially sensitive information are of indicative value only and
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the Trust may nevertheless be obliged to disclose the information
under its obligations under the Act or the Regulations.
B10.1 The Trust shall have the right to require the Provider to take all
reasonable steps to ensure that the Service is provided to the required
standard at all times. This may include directing the Provider
- to review methods of delivery of the Service
- to provide training
- to improve management arrangements
- to introduce revised procedures
B10.2 The Trust may require the Provider to remedy defaults within a specific
time. This may include requiring the Provider to offer an alternative
date or time when it has not been possible to deliver the Service.
B10.3 The Trust may deduct payment in respect of any Service not provided
to the required standard.
B11 TERMINATION & NOTICE
B11.1 Payment for the Service will cease 3 days following from the date of
the Users death.
B11.2 The Provider may terminate this Spot Contract in its entirety, even
though the other party is not in default, by giving 48 hours notice in
writing. However, in circumstances where the case demands, the
Trust may, at its discretion agree with the Provider a longer period of
notice not exceeding 7 days. In the event of termination of the Service,
the Trust will pay for the service that is due to be provided during the
notice period. During the period of notice both parties shall co-operate
to ensure that the interests of the Service User are met whatever new
arrangements are proposed.
B11.3 The Trust may terminate this Spot Contract in its entirety, even though
the other party is not in default, by giving a minimum of 48 hours and
no more than 7 days notice, in writing at the absolute discretion of the
Trust taking into account the specific circumstances of the case. In the
event of termination of the Service, the Trust will pay for the service
that is due to be provided during the notice period.
The proposal to terminate this spot contract and the reasons for doing
so must be communicated to the Care Manager and Contracts Section
at the time notice is given.
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B11.4 The Trust may without prejudice to its other remedies under this
Contract and without prejudice to any rights of action accrued or
accruing thereafter to the Trust, terminate this Contract without notice
and recover from the Provider the amount of any loss resulting from
such termination, if the Provider:
persistently commits a serious breach of its obligations under this
The Provider is in material breach of any of the terms of this Contract
and, where the breach is capable of remedy, the Provider fails to
remedy such breach within 28 days‟ or such later period as specified in
the notice of service of a written notice by the Trust specifying the
breach and requiring it to be remedied, provided that any such notice is
served within 3 months of the breach occurring or the Trust becoming
aware of the breach whichever is the later;
has its Registration Certificate cancelled;
(i) becomes insolvent, or makes a composition or arrangements with
its creditors or makes a voluntary arrangement for composition of
its debts , or enters into a scheme or arrangements approved in
accordance with the Insolvency Act 1986;
(ii) is the subject of an application under the Insolvency Act 1986 to the
court for the appointment of an administrative receiver;
(iii) has a winding-up order made (except for the purposes of
amalgamation or reconstruction ) or a resolution in favour of a
voluntary winding-up is passed;
(iv) has a provisional liquidator, receiver or administrator of its business
or undertaking duly appointed;
(v) has an administrative receiver as defined in the Insolvency Act
(vi) is in circumstances which entitle the court or a creditor to appoint ,
or have appointed a receiver, manager or administrative receiver,
or which entitle the court to make a winding-up order;
(vii) offers any improper inducements or exerts unreasonable pressure
upon prospective Service Users or their relatives, friends or
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(viii) takes unreasonable financial advantage of a relationship with any
(ix) has been convicted of an offence under the provisions of the Care
Standards Act 2000 and the regulations thereto or any subsequent
(x) shall have committed any offence under the Prevention of
Corruption Acts 1889-1916, or given any fee or reward the receipt
of which is an offence under section 117(2) of the Local
Government Act 1972;
(xi) shall have given or offered, or directed or encouraged any other
person to give or offer, any undisclosed or illicit fee, gift reward or
inducement of any kind to any elected member or officer of the
Trust or any Local Authority or NHS Trust in order to gain unfair
advantage in relation to this Contract or any other contract; and/or
(xii) shall have offered or given or agreed to give to any person any gift
or consideration of any kind as an inducement or reward for doing
or forbearing to do or for having done or forborne to do any action
in relation to the obtaining or execution of this Contract or of any
other contract with the Trust on behalf of Northumberland County
Council (“the Council”), or for showing or forbearing to show favour
or disfavour to any person in relation to the contract or any other
contract with the Council
B11.5 If the Trust does exercise its right to terminate the Contract, the
Trust shall retake possession of any materials, clothing, equipment
or other goods belonging to the Trust
B11.6 The Provider may terminate this Agreement by written notice in the
(i) the Trust fails to make payment of any amount due on any
single invoice under this Contract, or is persistently late in
making payment of such amount in which case the Provider
shall be entitled to terminate upon 28 days notice; and/or
(ii) the Trust is in material breach of any of the terms of this
Contract and, where the breach is capable of remedy, the
Trust fails to remedy such breach within 28 days‟ of service
of a written notice by the Provider specifying the breach and
requiring it to be remedied, provided that any such notice is
served within 3 months of the breach occurring or the
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Provider becoming aware of the breach whichever is the
B11.7 Termination of this Contract shall have no effect on the entitlement
of either party to the payments of any sums falling due under this
Contract prior to the date upon which termination takes effect.
B12 STATUTORY OBLIGATIONS
B12.1 The Provider shall comply with all statutory regulations and
enactments relating directly or indirectly to the provision of the Service.
In particular, the Provider will note the Trust‟s current and future
obligations under the Data Protection Act 1998, Freedom of
Information Act 2000, Human Rights Act 1998, Disability Discrimination
Act 1995 and race Relations Act 1976 (all as amended from time to
time) and any codes of practice and best practice guidance issued by
government and the appropriate enforcement agencies.
B12.2 Subject to the provisions of Clause 9:
B12.2.1 The Provider will comply with the above legislation in so far as it places
obligations upon the Provider in the performance of its obligations
under this Contract.
B12.2.2 The Provider will facilitate the Trust‟s compliance with the Trust‟s
obligations under these provisions and comply with any reasonable
request from the Trust for that purpose.
B12.2.3 The Provider will act in respect of any Service User as if the Provider
were a public authority for the purpose of the Human Rights Act 1998.
B12.2.4 The Provider notes particularly that the Trust may be required to
provide information relating to this Contract or the provider to a person
or persons in order to comply with its obligations under these
B13 DISPUTE RESOLUTION
B13.1 If a dispute arises between the Parties in connection with any matter
the Parties shall resolve such dispute by the following procedure:
the Parties shall in good faith seek to resolve the dispute through
if the dispute cannot be settled by negotiation within twenty one (21)
days or such other period as agreed between the Parties either Party
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may in good faith seek to resolve that dispute through mediation under
the auspices of a mediator;
the Mediator shall be appointed by agreement between the Parties
within fourteen (14) days of one Party requesting mediation, failing
which the mediator will be appointed on the application of either Party
by the Centre for Effective Dispute Resolution (“CEDR”)
The costs of any mediation shall be determined by the mediator;
If the dispute is not resolved within thirty (30) days of appointment of
the mediator of if one of the Parties refuses to participate in the
mediation, either Party may refer the dispute to the English Courts.
B14.1 The Authorised Officer shall be the Director of Social Care and County-
Wide Services or such representative or representatives as may be
appointed by the Trust to act in the name of the Trust for the purposes
of this Contract.
B14.2 The Provider shall designate an Authorised Representative for all
purposes connected with the Contract. Any instruction given or made
to the Authorised Representative or deputy shall be deemed to have
been given to the Provider. The Provider shall inform the Trust of its
procedure for being contacted in cases of emergency outside office
B14.3 Both the Authorised Officer and the Authorised Representative may in
turn appoint representatives to act on their behalf and shall inform the
other party in such cases.
B15.1 Neither party may assign or sub-let this Contract, in whole or in part, to
any third party, without the prior written consent of the other party,
such consent not to be unreasonably withheld.
B16 RIGHTS OF THIRD PARTIES
B16.1 The parties to this Contract do not intend that any of its other terms will
be enforceable by virtue of the Contracts (Rights of Third Parties) Act
1999 by any person not a party to it.
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B17 FORCE MAJEURE
B17.1 The Provider shall not be liable for any default in the performance of
this Contract by reason of an Act of God, any act of Government, war
or consequence of the effects of war and/or civil unrest.
B18.1 This Contract shall be governed by and construed in accordance with
the law of England.
B19 WAIVER AND SEVERANCE
B19.1 Failure by the Trust at any time to enforce the provisions of this
Contract or to require performance by the Provider of any of the
provisions of this Contract shall not be construed as a waiver of any
such provision and shall not affect the validity of this Contract or any
part thereof or any right of the Trust to enforce any provision in
accordance with its terms.
B19.2 If any provision of this Contract shall become or shall be declared by
any court of competent jurisdiction to be invalid or unenforceable in
any way, such invalidity or lack of enforceability shall in no way impair
or affect any other provision of the Contract all of which shall remain in
full force and effect.
B20.1 Notices from the Provider must be addressed to the Authorised Officer,
or to such other person or location as the Authorised Officer may
advise, and must be delivered by hand, or by letter sent by recorded
delivery or by facsimile provided that all notices sent by facsimile must
also be sent to the Authorised Officer by first class post on the date of
the sending of the facsimile. Any notice sent by facsimile shall be
treated as given at the date of receipt.
B20.2 Notices by the Trust must be addressed to the Provider at the
Establishment unless the Provider advises otherwise and must be
delivered by hand, or by letter sent by recorded delivery or by
facsimile, provided that all notices sent by facsimile must also be sent
to the Authorised Representative by first class post on the date of the
sending of the facsimile. Any notice sent by facsimile shall be treated
as given at the date of receipt.
B20.3 Any notice given by letter will be treated as being given at the time at
which the letter would be delivered in the ordinary course of first class
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post and if sent by recorded delivery, shall be treated as having been
given at the time at which the letter is delivered by the recorded
delivery service. Any notice delivered by hand will be treated as being
given upon delivery. Proof that any notice was properly addressed and
posted will be sufficient proof of service by post.
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SECTION C. SPECIFICATION
C1.1 The Specification is written in terms of expected outcomes. The
Provider is required to submit a Quality Statement in accordance with
B3.2 in which its methods for delivering the Service will be detailed.
C1.2 The Provider is referred to the following publications which deal with
aims, objectives and practice regarding home care:
United Kingdom Home Care Association – Code of Practice
Joint Advisory Group of Domiciliary Care Associations – Standards in
Social Services Inspectorate – Developing Quality Standards for Home
Commission for Social Care Inspection – National Minimum Standards
for Domiciliary care
C2.1 The Provider will:
- provide high quality personal care and practical help to people and
their carers living in their own homes whose ability to meet their
own needs for independent living without external assistance is
- aim to minimise the detrimental effects of ageing, illness and
disability upon Service Users, carers and families and to enhance
self-help and independence;
- adopt an educative and rehabilitative approach to maximise the
potential and ability of Carers and Service Users.
C3 EQUALITY & DIVERSITY
C3.1 The Trust is committed to ensuring that access to appropriate Services
is not denied to people because of their age, ethnic origins, gender,
sexual orientation or disability.
C3.2 The Provider shall not:
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(a) discriminate directly or indirectly, or by way of victimisation or
harassment, against any person on grounds of colour, race,
nationality, or ethnic or national origins contrary to Part II
(Discrimination in the Field of Employment) of the Race Relations
Act 1976, as amended (the Act); and/or;
(b) discriminate directly or indirectly or by way of victimisation or
harassment against any person on grounds of colour, race,
nationality, or ethnic or national origins contrary to Part III of the Act
(Discrimination in Other Fields); and/or
(c) contravene Part IV of the Act (Other Unlawful Acts).
C3.3 Where in connection with this Contract the Provider, its agents or
subcontractors, or the Provider Staff are required to carry out work on
the Trust‟s Premises or alongside the Trust‟s employees on any other
premises, the Provider shall comply with the Trust‟s Racial
Discrimination and Equal Opportunities Policy.
C3.4 The Provider shall notify the Authorised Officer forthwith in writing as
soon as it becomes aware of any investigation of or proceedings
brought against the Provider under the Act.
C3.5 Where any investigation is undertaken by a person or body
empowered to conduct such investigation and/or proceedings are
instituted in connection with any matter relating to the Provider‟s
performance of this Contract being in contravention of the Act, the
Provider shall, free of charge:
(a) provide any information requested in the timescale allotted;
(b) attend any meetings as required and permit Provider Staff to attend
(c) promptly allow access to and investigation of any documents or
data deemed to be relevant;
(d) allow itself and any Provider Staff to appear as witness in any
ensuing proceedings; and
(e) co-operate fully and promptly in every way required by the person
or body conducting such investigation during the course of that
C3.6 Where any investigation is conducted or proceedings are brought
under the Act which arise directly or indirectly out of any act or
omission of the Provider, its agents or subcontractors, or the Provider
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Staff, and where there is a finding against the Provider in such
investigation or proceedings, the Provider shall indemnify the Trust
with respect to all costs, charges and expenses (including legal and
administrative expenses) arising out of or in connection with any such
investigation or proceedings and such other financial redress to cover
any payment the Trust may have been ordered or required to pay to a
C3.7 In the event that the Provider enters into any sub-contract in
connection with this Contract, it shall impose obligations on its sub-
contractors in terms substantially similar to those imposed on it
pursuant to Conditions 3.3 to 3.7 (inclusive).
C3.8 The Contractor shall not unlawfully discriminate (whether directly or
indirectly) within the meaning and scope of any law enactment order or
regulation relating to discrimination (whether in race general religion
disability sexual orientation or otherwise) in employment.
C3.9 The Contractor shall take all reasonable steps to secure the
observance of Clause 3.8 by all employees or agents of the Contractor
and all suppliers and sub-contractors employed in the execution of the
C4 THE SERVICE
C4.1 The Provider will deliver a Service within the full range of caring tasks
to the Service User in their own home, including personal care tasks,
that carers would reasonably be expected to undertake.
C4.2 The Service shall be provided in a flexible manner tailored to the needs
of the Service User and in accordance with the Service User‟s Rights
as stated in paragraph C6.
C4.3 The Provider shall deliver the Service as agreed, between the times
stated, on the Service Details Sheet. Except for unforeseen
circumstances, Provider staff shall attend within fifteen minutes of
agreed time and remain for the agreed period. Any proposed
permanent variation to the agreed time must be agreed with the Care
Manager, the Service User and, where applicable, the carer.
C4.4 The minimum attendance time on any individual visit to a single User
shall be 15 minutes.
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C5 CHALLENGING BEHAVIOUR
C5.1 The Provider has the right to act in the best interests of their staff.
Where the Provider is concerned that a Service User‟s behaviour is
adversely affecting the health, safety, comfort and quality of life of
others, the Provider may
- discuss the matter with the Service User
- discreetly, sensitively and with regard to confidentiality gauge the
response of those affected by such behaviour
- bring the matter to the attention of the Care Manager and, if
appropriate, to relatives or carers
- involve other specialist professionals as agreed with the Care
- take such action, including withholding part or parts of the Service,
only as is absolutely necessary to protect the health, safety,
comfort and quality of life of others.
C5.2 The Provider shall not use unacceptable physical restraints or threats.
C5.3 The appropriateness and level of medical intervention to address
challenging behaviour, including the administration of drugs or
medication, shall be decided only by a GP or Consultant. The Care
Manager shall be informed as soon as possible of any such
C6 SERVICE USERS’ RIGHTS
C6.1 The Trust requires the Service to be provided in accordance with the
The right of individuals to be left alone or undisturbed and free from
intrusion or public attention into their affairs.
Service Users also have a right to be aware of, and have access to,
information and records held pertaining to them and the procedures for
The recognition of the intrinsic value of people regardless of
circumstances by respecting their uniqueness and their personal
needs, including the right to decide how they wish to be addressed.
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The opportunity to act and think without reference to another person,
including a willingness to incur a degree of calculated risk.
The opportunity to select independently from a range of options.
Service Users have the right to integrated, accessible Services
provided flexibly for their benefit in the least restrictive way possible.
The maintenance of all entitlements associated with citizenship.
Service Users also have the right to be involved in the decision-making
process as it affects them, including the right reasonably to refuse a
part of the Service and to comment on the Service, by means of an
independent advocate if necessary, without fear of reprisal.
The realisation of personal aspirations and abilities in all aspects of
Service Users should be encouraged and enabled to maintain links
with family, friends, carers and communities and to enter into activities
and relationships in the wider community, with a view to independent
living wherever possible.
The Service shall ensure that Service Users‟ cultural, emotional and
spiritual needs are treated and met with understanding and support as
C7.1 Requests for the Service using the appropriate care management
forms will be forwarded to the Provider by a Care Manager following
the Team Manager‟s approval. The Care Manager, the Provider and,
where possible, the Service User shall agree the Service to be
provided and the frequency or number of hours to be allocated by fax-
C7.2 The Provider will as far as possible match the appropriate worker with
the needs and choices of the Service User and shall not change the
worker other than for reasons of emergency or temporary cover. The
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Care Manager and the Service User shall be notified of any intention to
change the worker.
C7.3 Variations other than those of a temporary nature which affect the
agreed level of Service shall be by agreement with the Care Manager
and the approval of the Authorised Officer.
C7.4 When the Provider has been unable to deliver the Service, the Care
Manager shall be informed as soon as possible by writing or fax. In
cases where the Provider cannot gain access the Provider shall
attempt to establish that there is no threat to the Service User‟s or
Carer‟s health and safety.
C7.5 The Provider may refuse a referral where
a) the referral is outside the Purpose, Scope or level of Service
contained within this Contract;
b) provider staff may be exposed to unacceptable health and
safety risks or unacceptable behaviour.
C7.6 The proposal to refuse a referral and the reasons for so doing must be
communicated to the Care Manager within three working days of the
request for Service.
C8.1 The Provider shall employ in and about the provision of the Service
only such persons as are suitably trained, qualified, skilled,
experienced, honest and careful. The Provider must include the
relevant details in its Quality Statement.
C8.2 The Provider shall ensure that proper precautions are taken when
recruiting and selecting staff. Appropriate Criminal Records Bureau
checks will be undertaken in respect of all staff in line with advice and
guidance issued by the Commission for Social Care Inspection or its
successor in title from time to time.
C8.3 During the delivery of the Service, Provider staff shall not smoke, shall
not expect a meal to be provided by the Service User or carer and
shall not be accompanied by relatives, friends or pets.
C8.4 Provider staff shall not attempt to sell anything to, or to borrow
anything from Service Users or carers.
C8.5 Provider staff shall not accept gifts from Service Users or carers.
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C8.6 Provider staff shall carry proof of identity validated by a representative
of the Provider authorised to do so and which shall contain a current
photograph of the staff member. Provider staff shall carry their identity
cards at all times when delivering the Service and shall produce them
when asked to do so by Service Users, their relatives or carers, or
representatives of the Trust.
C8.7 The Provider shall ensure adequate staffing and management
arrangements to support Service delivery and shall include details of
these arrangements in its Quality Statement.
C9.1 The Trust and the Provider shall explore ways of responding to the
changing needs of Service Users in particular and the Service in
general. Suggestions from the Provider for improving the Service will
C9.2 The Trust may suggest, and the Provider may offer, additional tasks
and Services which fall within the scope of this Contract. The Trust
and the Provider may also suggest ways of re-organising Service
delivery for the benefit of Service Users.
C9.3 Where there is a financial implication, the cost of any additional tasks
and Services shall be agreed with the Provider.
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