SERVICE AGREEMENT by cuiliqing

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									     SERVICE AGREEMENT BETWEEN

THE LONDON BOROUGH OF TOWER HAMLETS

                  AND

 CAREERS ENTERPRISE (FUTURES) LIMITED –

                  E3058




        1 MAY 2009 to 30 APRIL 2011




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              SERVICE AGREEMENT LIST OF CLAUSES
  CLAUSE    DESCRIPTION                                           PAGE
    1       OBJECT OF AGREEMENT AND POWERS                           3
    2       PERIOD OF AGREEMENT                                      3
    3       STATUS OF SERVICE PROVIDER AND AGREEMENT                 3
    4       ASSIGNMENT AND SUBCONTRACTING                            3
    5       PROVISION OF SERVICES                                    4
    6       STAFFING RESOURCES                                       4
    7       RECORDS AND INFORMATION                                  6
    8       DATA PROTECTION ACT                                      7
    9       CONFIDENTIALITY, DATA PROTECTION AND FREEDOM OF          8
            INFORMATION
   10       FORCE MAJEURE                                            9
   11       REPRESENTATIONS AND COMPLAINTS                           9
   12       EQUALITY AND DIVERSITY                                  10
   13       HEALTH AND SAFETY                                       11
   14       INSURANCE                                               11
   15       FINANCIAL ARRANGEMENTS                                  12
   16       FRAUD                                                   13
   17       BRIBERY AND CORRUPTION                                  14
   18       BEST VALUE AND CONTINUOUS IMPROVEMENT                   15
   19       MONITORING AND REVIEW PROCEDURES                        15
   20       NON PERFORMANCE                                         16
   21       DISPUTE RESOLUTION                                      16
   22       TERMINATION AND AMENDMENTS                              17
   23       WAIVER                                                  18
   24       CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999            18
   25       NOTICES                                                 18
   26       VARIATION                                               18
   27       LAW AND JURISDICTION                                    19
   28       SEVERABILITY                                            19
   29       OUR FUNCTIONS AS A LOCAL AUTHORITY                      19
   30       (CAF)/ LEAD PROFESSIONALWORK                            19
   31       TRANSFER OF UNDERTAKINGS                                19
   32       SIGNATURES TO THIS AGREEMENT                            22




MAY 2009 – E3058                                              2
APPENDIX A   SERVICE SPECIFICATION                               23
APPENDIX A   2 CRB POLICE CHECKS                                 30
APPENDIX B   QUALITY ASSURANCE                                   47
APPENDIX C   SERVICE PROVIDER‟S COMPLAINTS PROCEDURE             49
APPENDIX D   SERVICE PROVIDER‟S EQUAL OPPORTUNITIES POLICY       50
APPENDIX E   MONITORING FRAMEWORK                                51
APPENDIX F   TOWER HAMLETS COMPACT                               53
APPENDIX G   INTEGRATED WORKING AND COMMISSIONED SERVICES        60
APPENDIX H   DATA HANDLING REQUIREMENTS FOR SUPPLIERS            62




MAY 2009 – E3058                                             3
                     London Borough of Tower Hamlets
                         SERVICE AGREEMENT


This Agreement is dated April 2009 between

Mayor and Burgesses of the London                Careers Enterprise (Futures) Ltd
Borough of Tower Hamlets                         VT House
Town Hall                                        Grange Drive
Mulberry Place                                   Hedge End
5 Clove Crescent                                 Southampton
LONDON E14 2BG                                   SO30 2DQ
                                                 Company No. 2865522
(“The Council”)                                  (“The Service Provider”)


The details of each of the officers appointed to exercise the rights and powers
of the respective parties to this Agreement are:


Council Supervising Officer                      Service Provider Authorised Officer

Position: Director, Children‟s                   Position: Director
Services
                                                 Name :    John Downing
Name : Kevan Collins
                                                 Address :
Address :                                        VT Enterprise
Tower Hamlets Town Hall                          Sutton House
Mulberry Place                                   Weyside Park
5 Clove Crescent                                 Cattershall Lane
LONDON E14 2BG                                   Godalming
                                                 Surrey GU7 1XJ
Tel: 020 7364 5000
E-mail :                                         Tel: 01483 413200
kevan.collins@towerhamlets.gov.uk                E-mail :


For the purposes of this Agreement they shall be referred to as the
“Supervising Officer” for the Council and the “Authorised Officer” for the
Service Provider.

Any change in the identity of the Supervising Officer or Authorised Officer will
be notified to the other party to the Agreement in writing within five working
days.




MAY 2009 – E3058                                                              4
1      OBJECT OF AGREEMENT AND POWERS

1.1.   The Council wishes to obtain the services of the Service Provider for
       the provision of the Service as detailed in Appendix A.

1.2    The users of the services provided by the Service Provider shall live or
       work within the boundaries of the London Borough of Tower Hamlets.

1.3    This Agreement is entered into by the Council under the provisions of
       the Children Act 1989 and the Children Act 2004

2      PERIOD OF AGREEMENT

2.1    This Agreement shall start on 1 May 2009 and shall continue for a
       period of 2 years ending on 30 April 2011, unless terminated earlier in
       accordance with Paragraphs 6.13, 17.2, 22.1, 22.2, and 22.3.

2.2    The duration of this Agreement may, by consent of the parties in
       writing, be extended for such periods as may be agreed, providing that
       the delivery of the services under this Agreement is not prejudiced. At
       the end of the initial period of two years the Council may at its sole
       discretion by written notice to the Service Provider not less than 3
       months from the expiry of the Agreement Period extend the Agreement
       by a further period of one year and may repeat this procedure for a
       further maximum two years giving a maximum Agreement Period of
       five years.

3      STATUS OF SERVICE PROVIDER AND AGREEMENT

3.1    In carrying out this Agreement the Service Provider is acting as a direct
       provider.

3.2    During the term of this Agreement the Service Provider shall be an
       independent Contractor and not a servant of the Council. The Service
       Provider‟s Management Committee shall be responsible for financial
       management, performance management, staffing and for day-to-day
       service delivery and employment matters.

3.3    This Agreement does not preclude the Service Provider entering into
       similar Agreements with other bodies.

3.4    Any reference to any statute also includes reference to any amending
       statute or re-enactment thereof.

4      ASSIGNMENT AND SUBCONTRACTING

4.1    The Service Provider shall not assign or sub-contract this agreement or
       part thereof without the prior written consent of the Council.
MAY 2009 – E3058                                                              5
4.2   If consent is given under clause 4.1 this shall not absolve the Service
      Provider from its rights and obligations under this agreement.

4.3   The Council shall be entitled to assign the benefit and/or burden of this
      Agreement or part thereof on giving reasonable notice to the Service
      Provider.

4.4   Except where individual specialists are engaged, the Service shall be
      carried out solely by the Service Provider unless the Council otherwise
      agrees in writing or subject to variations as set out in clauses 4.1 and
      4.2 above.

5     PROVISION OF SERVICES

5.1   The Service Provider agrees to provide the Service in accordance with
      the obligations under this Agreement and with all the skill, care and
      diligence to be expected of a competent provider of services of a
      similar kind to the Service.

5.2   In providing the Service the Service Provider shall also comply with:
      (a)   any and all codes of practice, performance ratings and quality
            standards that are laid down in this Agreement or that are issued
            to the Service Provider as part of an agreed Variation Notice; and
      (b)   all statutory provisions which apply to the Service.

5.3   The Service Provider shall work in partnership with the Council to
      support the delivery of the Child Poverty Strategy.

5.4   The Service Provider shall operate an appropriate quality assurance
      system; and details of that system shall be incorporated into this
      Agreement at Appendix B.

5.5   It is recognised that the Service Provider may wish to review its policies
      and procedures during the life of this service agreement. The provider
      shall send any revised policy or procedure to the Council at the end of
      the review process and this shall be substituted for the relevant
      appendix.

5.6   The Service Provider must notify the Council‟s Supervising Officer in
      writing within 10 working days if there is a change to the Authorised
      Representative and if there is likely to be a substantive change to the
      Service or any matter affecting the Service Users or the provision of
      the Service.

5.7   The Service Provider must notify the Council‟s Authorised Officer in
      writing within 10 working days if as a result of any misconduct or
      mismanagement on its part a Regulatory Body directs an inquiry into,
      or makes an order of any kind in relation to, its affairs; or any
MAY 2009 – E3058                                                                6
      registration which it must maintain in order to provide any of the
      Service is withdrawn or cancelled or is threatened to be withdrawn or
      cancelled.

5.8   The services are to be provided from the premises at 35-37 Bow Road,
      London E3. Contemporaneously with the execution hereof, the Service
      Provider shall enter into a lease of the Premises and undertakes to
      diligently perform all covenants and obligations contained in such lease
      for the term thereof and acknowledges that the Council has the right to
      terminate forthwith this Agreement should the lease be terminated for
      any reason during the term hereof.

6     STAFFING RESOURCES

6.1   The Service Provider shall ensure that the resources required to
      provide the Service are in place and maintained during the period of
      this Agreement.


6.2   The Service Provider shall inform the Council of the names of all post-
      holders within its Organisation who may from time to time be engaged
      in activities covered by this Agreement on commencement of this
      Agreement and notify the Council in writing of any changes in staffing
      over the period of this Agreement within 21 days of any such changes.

6.3   The Service Provider shall use its reasonable endeavours to ensure
      that Service continuity is maintained in the case of any member of
      staff‟s authorised absence.

6.4   Where such authorised absence is long term then the Service Provider
      shall report such instances to the Council‟s Authorised Officer so that a
      jointly agreed course of action may be sought. Long term absence
      occurs where an employee has been, or is expected to be, absent from
      work for a period of 20 working days or more. This might be either
      continuously or as a total during a 12-month period where the
      absences are related to one illness.

6.5   The Service Provider shall ensure that their employees, or agents
      including volunteers, engaged for the performance of the services at all
      times carry appropriate identification and that they are sufficiently
      trained and instructed with regard to the performance of the services, in
      particular in relation to:
      (a) the task or tasks they shall perform
      (b) the rules, procedures, and standards of the Service
      (c) all relevant Regulations, Orders and Acts in relation to relevant
           Health and Safety at Work issues.

6.6  The Council is committed to the protection of children and vulnerable
     adults. Where the Service Provider provides services to persons under
     18 or to vulnerable adults and employs staff or volunteers in a position
MAY 2009 – E3058                                                            7
       whose normal duties include caring for, training, supervising or being
       responsible in some way for children or vulnerable adults, are likely to
       come into contact with these groups or to have access to records or
       information about any of these groups, it shall ensure that an
       Enhanced Disclosure from the Criminal Records Bureau (CRB) check
       is received for all relevant staff and volunteers       prior to their
       appointment. This is to ensure compliance with Legislation and
       Government guidance, The Police Act 1997, to prevent the
       employment of unsuitable people to work with vulnerable groups.

6.7    Your organisation shall be required to complete the statement attached
       to this agreement (Appendix A-2) to provide us with a written
       compliance statement informing us that this requirement has been met
       for all relevant staff and volunteers and to attach a copy of the results
       of the CRB Enhanced Disclosure.

6.8    Your organisation shall obtain the prior written consent of each person
       to the disclosure of the results of the CRB Enhanced Disclosures for
       the purpose of monitoring under this agreement

6.9    Your organisation shall ensure that the CRB Enhanced Disclosures are
       updated for all staff and volunteers within three years of the most
       recent Disclosure.

6.10   The Service Provider shall give careful consideration to any serious
       matters that are revealed by the CRB Enhanced Disclosures and not to
       offer employment or continue the employment of persons who may be
       unsuitable to work with children under 18 years and vulnerable adults.
       If an individual is recorded on any of the lists included in the Enhanced
       CRB Disclosure then they shall be deemed unsuitable to work with
       these groups.

6.11   In respect of an employed member of staff, agents or a volunteer of the
       Service Provider whose Enhanced CRB Disclosure reveals previous
       offences or alerts, but who does not appear on any of the lists included
       in the Enhanced CRB disclosure, the Council may choose to place
       limits on the extent to which that individual may undertake tasks for
       your organisation in respect of the funding it is receiving under this
       Agreement.

6.12   Where the requirement for the Service Provider to apply for CRB
       Enhance Disclosures for staff and volunteers, is replaced by the
       requirement for the Service Provider to register employees agents and
       volunteers with the Independent Safeguarding Authority (ISA), the
       Service Provider shall ensure that no new employee, agent or
       volunteers shall be appointed without being registered and that current
       staff and volunteers are registered by the required date. See Section
       6, Appendix A-2.

6.13 Where the nature of the concern against the employee, agent or
     volunteer involves allegations of physical, and/or sexual, and/or serious
MAY 2009 – E3058                                                             8
       financial irregularities then the Council shall be entitled to request that
       the person concerned is removed from the provision of the Service
       forthwith pending investigation under the Service Provider‟s
       Disciplinary Procedure.

6.14   The Council shall be entitled to terminate this Agreement forthwith for
       failure by your organisation to comply with the requirements of clauses
       6.6 to 6.14 above .


7      RECORDS AND INFORMATION

7.1    The Service Provider shall compile and maintain such information as
       the Council may reasonably require to enable monitoring of the
       Service, its outputs and outcomes. The Service Provider shall provide
       information to the Council which shall enable the Council to comply
       with its obligations under the Freedom of Information Act 2000.

7.2    The Service Provider must make available the information referred to in
       clause 19.2 at quarterly intervals starting from the Commencement
       Date and at such other times as the Council may reasonably require.

7.3    If the Council receives a request for disclosure of information under the
       Freedom of Information Act 2000 concerning any funding we pay to
       your organisation under this agreement the authorised Council Officer
       shall consult with you and shall decide whether the document or
       information requested should remain confidential or can be disclosed
       because it is in the public interest.

7.4    In addition, at a reasonable request (but subject to clauses 8 (Data
       Protection Act) and 9 (Confidentiality) the Service Provider shall
       provide all other information which the Council may reasonably require
       for the purpose of assessing how the Service Provider is carrying out
       their obligations under this Agreement and the safety and welfare of
       the Service Users.

7.5    Notwithstanding clause 8 (Data Protection Act), the Service Provider
       shall allow the authorised Council Officer or any person(s) authorised
       by them, at all reasonable times to inspect or witness the provision of
       the Service.

7.6    In inspecting or witnessing the provision of the Service the Council
       shall have proper regard to the nature of the Service being provided,
       particularly where this involves sensitive services for vulnerable client
       groups.

8      DATA PROTECTION ACT 1998

8.1    Both Parties shall comply with the provisions of the Data Protection Act
       1998. The Service Provider shall comply with and secure all relevant
MAY 2009 – E3058                                                                9
      registrations required under the Data Protection Act 1998 and shall
      comply with any request made or directions given by the Authorised
      Officer in connection with the requirements of the Data Protection Act
      1998. The Service Provider shall ensure that its employees comply
      with the provisions of the Computer Misuse Act 1990 and of any other
      Act, Regulations, Orders or rules of law (including any one made after
      the Service commencement date) as they affect the Service Provider‟s
      performance of the Service.

8.3   The Service Provider shall implement the enhanced data handling
      requirements for Protected Personal Data as defined in Appendix H to
      the Home Office Circular dated 6th October 2008 and as set out in
      “Data Handling requirements for Suppliers” dated 22 September 2008
      and attached to the Home Office Circular.


9.0   CONFIDENTIALITY, DATA PROTECTION AND FREEDOM OF
      INFORMATION

9.1   This Agreement and any information provided by one party to the other
      or prepared, obtained, received by, or otherwise coming to the
      possession or knowledge of a party to this Agreement in the course of
      or in connection with the performance of the Agreement shall be
      deemed confidential.

9.2   The Service Provider, its employees and agents shall only use
      confidential information for the purposes of this Agreement.        The
      Service Provider, its employees or agents shall not divulge to any third
      party or dispose of or part with possession, custody, or control of any
      confidential material or information other than in accordance with the
      express provisions of this Agreement or with the prior written consent
      of the Authorised Officer, such consent not be unreasonably withheld.

9.3   The Council, its employees or agents shall not divulge to any third
      party or dispose of or part with possession, custody, or control of any
      confidential material or information other than in accordance with the
      express provisions of this Agreement or with the prior written consent
      of the Service Provider, such consent not be unreasonably withheld.

9.4   The provisions of clauses 9.2 and 9.3 shall not apply to any information
      which:

      9.4.1     is or becomes public knowledge other than by breach of the
                foregoing provisions of clause 9; or

      9.4.2     is in the possession of the receiving party without restriction
                in relation to disclosure before the date of receipt from the
                disclosing party; or

      9.4.3   is received from a third party who lawfully acquired it and
              who is under no obligation restricting its disclosure; or
MAY 2009 – E3058                                                        10
       9.4.4     is independently developed without access to the confidential
                 information; or

       9.4.5     is required to be disclosed by law or in compliance with the
                 lawful requirements of any public regulatory authority.

       For the avoidance of doubt, where request for the disclosure of
       information is received by the Council from a third party pursuant to the
       Freedom of Information Act, the Council shall after consulting with the
       Service Provider be the sole arbiter in determining whether the need to
       maintain the confidentiality of a document or information which
       otherwise is a commercially sensitive and confidential information is
       outweighed by public interest requirement for disclosure.

9.5    The restrictions in clauses 9.2 and 9.3 shall not prevent either party to
       this Agreement disclosing to the other (or to any other person)
       confidential information about a Service User where this is in the best
       interests of the Service User concerned or such disclosure is
       necessary so as to protect the health, safety or welfare of the Service
       User or other Service Users, and the party intending to make such
       disclosure shall endeavour to obtain the Service User‟s written
       consent.

9.6    Nothing in this clause 9 shall be deemed or construed as preventing
       the Council from disclosing any confidential information to any
       contractor or other person engaged by the Council in connection with
       the Service or the provision of similar service, provided that the Council
       shall have obtained from the contractor or such other person a signed
       confidentiality undertaking on substantially the same terms as are
       contained in this clause 9 and the Council shall notify the Service
       Provider of the identity of the contractor or such other person as soon
       as practicable.

9.7    The Service Provider shall fully indemnify the Council against all
       actions, claims, demands, proceedings, damages, costs, losses,
       charges and expenses whatsoever in respect of any breach by the
       Service Provider of its obligations under clause 9.


10     FORCE MAJEURE


10.1   Both parties shall be released from their respective obligations in the
       event of a national emergency, act of terrorism, war, prohibitive
       government regulation or if any other cause beyond the reasonable
       control of the parties or either of them renders the performance of this
       Agreement impossible whereupon the obligations of each party shall
       be suspended until both parties are in a position to resume their
       respective obligations

MAY 2009 – E3058                                                              11
10.2   Where the event renders performance impossible for a continuous
       period of not less than three months, then either party may terminate
       this agreement on giving at least three weeks notice.


11     REPRESENTATIONS AND COMPLAINTS

11.1   The Service Provider shall operate a procedure for dealing with
       representations and complaints about the service; and details of that
       system shall be incorporated into this Agreement at Appendix C. The
       Service Provider shall take all reasonable steps to ensure that service
       users are made aware of their right to make representations or
       complain under its provisions.

11.2   The Service Provider shall report to the Council on a three monthly
       basis the number of complaints received, the nature of those
       complaints, whether the complaint was upheld and any action taken as
       a result of the complaint(s).

11.3   The Service Provider shall inform all complainants at the time of
       complaint of their right to complain to the Council directly in the event
       that the internal complaints procedure of the Service Provider has been
       exhausted. The Service Provider shall provide information to
       complainants on how to access the Council‟s Complaints Procedure.

11.4   The Council shall retain the right to directly investigate any complaints
       made. In such cases the Service Provider shall give the investigating
       officer full access to all relevant documents, files and information and
       shall allow them to interview any employee, agent or volunteer
       engaged by the Service Provider, or any member of the Service
       Provider‟s Management Committee in order to carry out their
       investigation effectively, subject to the provisions of Clauses 8 (Data
       Protection Act) and 9 (Confidentiality) above.

11.5   Any complaint received by the Council may be referred to the Service
       Provider who shall fully investigate the complaint within a reasonable
       time scale and provide the Council with a full investigation report and
       the actions proposed/taken in the light of the report. The Council
       considers 20 working days to be a reasonable time scale.

12     EQUALITY AND DIVERSITY

12.1   The Service Provider shall operate an equal opportunities policy for as
       long as this Agreement is in force; and a copy of that policy shall be
       incorporated into this Agreement at Appendix D.

12.2   The Service Provider shall use all reasonable endeavours to make
       sure that its equal opportunities policy complies with all statutory
MAY 2009 – E3058                                                             12
       obligations as regards discrimination on the grounds of colour, race,
       nationality, cultural or ethnic origin, marital status, gender, age,
       disability, religion or sexual orientation in relation to:
       (a) decisions made by it in the recruitment, training or promotion of
            staff employed or to be employed in the provision of the Service;
       (b) the provision of the Service; and
       (d) the carrying out of its obligations under this Agreement.

       Without prejudice to the general of the foregoing, the Service Provider
       shall comply with the Race Relations Act 1976 as amended by the
       Race Relations (Amendment) Act 2000; the Sex Discrimination Act
       1975; the     Disability Discrimination Act 1995; the Human Rights Act
       1999; Employment Equality (Age) Regulations 2006; Employment
       Equality      (Sexual Orientation) Regulations 2003; the Equality Act
       (Sexual       Orientation) Regulations 2007 and the CRE Code of
       Practice for Employment and all other anti-discrimination legislation
       from time to time in force        including all relevant regulations and
       statutory codes of practice; and, where appropriate, the Service
       Provider shall assume the identity of an organisation to whom such
       legislation applies.


13     HEALTH AND SAFETY

       The Service Provider shall comply with the requirements of the Health
       and Safety at Work Act 1974 and any Regulations made under the Act
       insofar as they apply to the provision of the Service.

       For as long as this Agreement is in force the Service Provider shall
       have in place a health and safety policy which complies with all
       statutory requirements.


14     INSURANCE

14.1   The Service Provider shall indemnify and keep indemnified the Council
       against injury to or death of any person or loss or damage to any
       property or any other loss, damage or liability which may arise out of
       the action, default or negligence of the Service Provider, their servants
       or agents in the performance of this Agreement, and against all
       actions, claims, demands, proceedings, damages, costs, charges and
       expenses whatsoever in respect thereof or in relation thereto.

14.2   Without prejudice to the liability to indemnify the Council under clause
       14.1 of the Agreement, the Service Provider shall take out and
       maintain such insurance as are necessary to cover liability of the
       Service Provider in performing the service. The Service Provider shall,
       upon demand, produce for inspection, the relevant policy or policies of
       insurance, together with receipts in respect of premiums paid as and
MAY 2009 – E3058                                                             13
       when required by the Council. For this purpose a current certificate of
       insurance shall be adequate proof.

       The Service Provider's insurance in respect of claims for personal
       injury to or the death of any person under a contract of service or
       apprenticeship with the Service Provider and arising out of or in the
       course of such person‟s employment shall comply with all relevant
       legislation. The Service Provider's insurance for all other claims in
       respect of its liability under clause 14.1 shall indemnify the Council as
       with the Service Provider but only to the extent that the Service
       Provider may be liable to indemnify the Council under this Agreement,
       and shall be no less than ten million pounds sterling (£10,000,000)
       for any one occurrence or series of occurrences arising out of one
       event.


15     FINANCIAL ARRANGEMENTS

15.1   In consideration of the Service Provider providing the Service as
       defined in Appendix A in accordance with the provisions of this
       Agreement and for the full and proper performance of the Service, the
       Council shall pay the Service Provider up to a MAXIMUM sum of
       £997,530 per annum. In Year 1 – 1 May 2009 to 31 March 2010 the
       pro rata contract sum shall be £914,402.50. Payments to the Service
       Provider will be made in equal monthly instalments by the Council of
       £83,127.50 per month in arrears on receipt of invoice.

15.2   The Contractor will receive a bonus payment providing the standard Key
       Performance Indicators have been met in full and some stretch targets
       have been exceeded. The table, which contains details of the key
       performance Indicators, is contained within the Specification.

15.3   The Council reserves the right to amend one, some or all the Key
       Performance Indicators on an annual basis. This reassessment will be
       carried by the Council who will firstly consult the Contractor at the Annual
       Contract Meeting before the Council makes a decision.

15.4   The bonus payment will be calculated at the end of each financial year
       (31 March) in respect of the Key Performance Indicators relevant for that
       financial year. The bonus payment must be reinvested in work with young
       people in the contract area and the reinvestment must take place in the
       financial year in which the bonus payment is actually paid unless different
       timescales are agreed with the Council. The Contractor must specify in
       detail to the Council how the bonus payment will be spent and if the
       bonus payment is not used in the agreed manner, the Council may
       require the bonus payment to be repaid.

15.5   The Council shall use its reasonable endeavour to pay the Service
       Provider an annual inflationary increase, subject to the availability of
       resources and satisfactory performance under the terms of this
MAY 2009 – E3058                                                             14
       Agreement. The rate of any increase shall be decided by the Council‟s
       Director of Resources.

15.6   The Service Provider shall keep proper financial records and books of
       account which show clearly how it has spent the grant monies provided
       by the Council, which the Council shall have the right to inspect upon
       giving 14 days notice.

15.7   Prior to the commencement of the financial year, the Service Provider
       shall prepare a budget statement in respect of its service provision
       showing the expected cost of the service for the forthcoming year. This
       shall provide a breakdown of staffing (including numbers of staff, titles
       and grades), running and premises costs for providing the Service as
       defined in Appendix A.

15.8   It is the Council's intention to fund the Service Provider for two years
       pursuant to this Agreement. Payments to the Service Provider shall be
       made in four equal instalments per annum by the Council. Instalments
       shall be due for payment on 1st April, 1st July, 1st October and 1st
       January, in each financial year. Monitoring information should be
       provided within 10 working days of the quarter end date and payment
       shall only be made following receipt of the monitoring information.
       Payments shall be actioned on receipt of demands from the Service
       Provider, which should reach the Council at least two weeks before the
       due date.

15.9   The submission for the October payment shall be accompanied by a
       set of the Service Provider's audited accounts for the previous financial
       year. If these are unavailable at the time of the October submission
       further payments shall be withheld and only released on production of
       the previous year‟s audited accounts to the Council‟s satisfaction.

15.10 Any payment(s) which the Service Provider has not committed, for the
      purpose of this Agreement, by 31st March in any financial year may be
      subject to "claw-back" by the Council together with any interest that the
      Service Provider may have accrued on it (them). The mechanism for
      "claw-back" shall either be the offsetting of the amount due to the
      Council against future payment or the repayment of this amount by the
      Service Provider. The Council shall consult the Service Provider before
      exercising this option.

16     FRAUD

16.1 If in the reasonable opinion of the Council‟s Authorised Officer, the
     Service Provider, its employees agents (and anyone else acting on
     behalf of the Service Provider) has committed or is committing fraud or
     misapplying funds or otherwise bringing the Council into disrepute, the
     Council‟s Authorised Officer may give notice of its intention to terminate
     this Agreement in writing. The Service Provider shall have fourteen
     days to respond in writing. If the Service Provider fails to respond
     within the fourteen-day period, or if in the reasonable opinion of the
MAY 2009 – E3058                                                             15
       Council‟s Authorised Officer, the Service Provider‟s response is not
       satisfactory, the Council‟s Authorised Officer may immediately
       terminate this Agreement by notice in writing.

16.2   The Service Provider shall use all reasonable endeavours to safeguard
       the funds they receive against fraud and misapplication generally, and
       in particular, fraud and misapplication on the part of the Service
       Provider's employees, agents or anyone authorised to act on the
       Service Provider‟s behalf.

16.3   The Service Provider shall notify the Council immediately of any
       instance of suspected fraud or financial irregularity in connection with
       the performance of this Agreement or the delivery of the Service.
       The Service Provider is aware of the provisions of the Council‟s Ethical
       Governance Protocol, a copy of which has been provided to the
       Service Provider

       In this regard the Service Provider shall have its own policies and
       procedures in place which, as a minimum, should reflect the
       requirements of the Council‟s Ethical Governance Protocol. If the
       Service Provider does not have its own policies and procedures in
       place, then it shall adhere to the Council‟s Ethical Governance
       Protocol.

       The Council also has a duty to protect the public funds it administers.
       In order to properly discharge this duty the Council has an approved
       Anti Fraud and Corruption Strategy (including a whistle blowing policy)
       which can be found on the Intranet and its website under:
       http://www.towerhamlets.gov.uk/data/your-
       council/data/strategy/data/anti-fraud/index.cfm

       The Service Provider shall provide the Services in accordance with the
       Anti Fraud and Corruption Strategy


17     BRIBERY AND CORRUPTION

17.1   If the Service Provider:

       (a)    Offers, gives or agrees to give to any person any gift or
       consideration of any kind as an inducement or reward for doing or
       forbearing to do any action in relation to the obtaining or execution of
       the Agreement with the Council or
       (b)    shows favour to or disfavour to any person in relation to this
       Agreement or any other agreement with the Council or
       (c)     if the like acts shall have been done by any person employed
       by it or acting on its behalf (with or without the knowledge of the
       Service Provider) or
       (d)     if in relation to the Agreement or any other agreement with the
       Council or any person employed by it or acting on its behalf, shall have
MAY 2009 – E3058                                                            16
       committed any offence under the Prevention of Corruption Acts 1889 to
       1916 or
       (e)    shall have given any fee or reward to any officer of the Council.

17.2   The Council shall be entitled to terminate the Agreement forthwith and
       to recover from the Service Provider the amount of any loss resulting
       from such termination


18     BEST VALUE AND CONTINUOUS IMPROVEMENT

18.1   The Council has a duty to meet the Best Value requirements as laid
       down in the Local Government Act 1999. There is a requirement for a
       continuous improvement and Best Value targets and local performance
       indicators shall be set in respect of most Council services. As a result,
       the Service shall be reviewed on a year by year basis and may be
       amended so that it meets the Best Value targets and local
       Performance Indicators. The Service Provider shall be consulted fully
       during this process.


19     MONITORING AND REVIEW PROCEDURES

19.1   The Service shall be monitored and reviewed in terms of service
       objectives, resource allocation, activity levels, performance (outputs,
       outcomes and targets) and quality assurance arrangements.

19.2   The Service Provider shall submit monitoring returns at quarterly
       intervals to the Council on the forms that shall be provided. These shall
       be in accordance with the agreed Monitoring Framework contained in
       Appendix E.

19.3   The Service Provider shall undertake regular monitoring and review of
       the Service and shall prepare regular reports for monitoring and review
       meetings. The Service Provider shall ensure that the necessary
       administrative and record-keeping systems are maintained so as to
       enable effective monitoring, review and service planning to take place.

19.4   The Service Provider shall develop and maintain appropriate systems
       and methods for obtaining information relating to users perception of
       the Service. The Council may wish to interview ex-users of the Service
       for their views, and the Service Provider shall assist the Council in
       organising such interviews with the consent of ex-users.

19.5 The Service Provider shall be visited at least once a year by the
     Council‟s Supervising Officer (or such substitute(s) as the Council may
     designate) in order to monitor the Service, consider reports, review
     progress, evaluate the work and establish future plans and targets.
     Subject at all times to clauses 8 (Data Protection) and 9
     (Confidentiality) of this Agreement the Service Provider shall make
MAY 2009 – E3058                                                          17
       available all relevant documents, books, information, files, etc. to the
       Officer(s) in order to ensure that the task is carried out effectively.

19.6   The Supervising Officer shall give reasonable notice, which shall
       normally be at least 14 days, of the documents, books, and
       information, files etc. they wish to inspect. Following the monitoring
       visit, the Authorised Officer shall write to the Service Provider detailing
       any areas of concern arising out of the visit and any further action
       required of the Service Provider.

19.7   A Commissioning & Contracting Officer shall be assigned from the
       Council as the lead officer for commissioning specialist Services and
       shall attend monitoring meetings and coordinate reviews of the
       Service.

19.8   The Commissioning & Contracts Officer and a Monitoring &
       Contracting Officer shall be the first point of contact for the Service and
       shall be responsible for the monitoring of the Service and any
       consultation with the Provider.

19.9   The relevant Service Manager shall liaise with the Service Provider
       with regards to interfaces in the operational delivery of the Services
       and shall contribute to the monitoring of the Service.


20     NON PERFORMANCE

20.1   The Service Provider shall ensure that the Funding awarded is used
       solely for the provision of the Service as set out in Appendix A, and at
       all times implement the Service in accordance with the standards set
       out in this Agreement. If the Service Provider is facing or anticipating
       difficulties implementing the Service as detailed in this Agreement,
       these difficulties shall be immediately brought to the attention of the
       Council‟s Supervising Officer.

20.2   The Council‟s Supervising Officer shall support the Service Provider in
       attempting to identify mutually agreed solutions to remedy any
       difficulties in Service implementation. Should this fail and the Service
       continues to be provided below the required standard, or if there is
       unsatisfactory progress towards completion or achieving outputs and/or
       outcomes of the Service or failure to comply with any terms and
       conditions of this Agreement, then the Council may:
       (a) require the Service Provider in attempting to identify mutually
             agreed solutions, to remedy any default in the Service within such
             time as may be specified and without further charge to the Council
       (b) withhold any or all of the grant and/or may require all or part of the
             grant to be repaid
       (c) terminate funding to the Service Provider
       (d) provide the Service itself either directly or through an outside
             agency until such time as the Council is satisfied that the Service
MAY 2009 – E3058                                                                18
           Provider shall provide the Service to the required standard. The
           cost of providing the Service by the Council or an outside agency,
           shall be met from the grant that was due to the Service Provider.
       (e) require the Service Provider to hand over to the Council any assets
           leased or purchased wholly out of the grant, or where partially
           leased or purchased by the grant to require that these shall be
           returned to source or sold at market value, with the appropriate pro
           rata proportion of the sale being returned to LBTH.

21     DISPUTE RESOLUTION

21.1   If any dispute arises out of this Agreement the parties shall firstly
       attempt to settle it by negotiation, in the first instance through a
       meeting of both parties‟ Authorised Officers and any other relevant
       personnel. The outcome of the meeting shall be recorded in writing. In
       the event that the dispute remains unresolved for more than 14 days
       from the date of the meeting then a formal notice of dispute shall be
       issued detailing the matters at dispute and requesting a negotiated
       settlement of the dispute by senior officers of both parties in
       accordance with 21.1. The provisions of clause 21.1 to 21.5 do not
       apply to the Non Performance provisions of clause 20 above.

21.2   Each of the parties shall be represented by a person who has authority
       to settle the dispute and has no direct day-to-day involvement in the
       relevant matter.

21.3   If the parties are unable to settle any dispute by negotiation within 21
       days they shall attempt to settle the dispute by mediation in
       accordance with the Centre for Effective Dispute Resolution (CEDR)
       Model Mediation Procedure (the “Model Procedure”).

21.4   To initiate a mediation, a party must first serve notice in writing to the
       other party to the dispute (with a copy to CEDR Solve) requesting a
       mediation in accordance with Clause 21.3. The parties shall agree the
       nomination of a Mediator or, failing agreement within 7 days of the
       notice under this clause 21.4, then CDR Solve shall, at the request of
       either party, nominate a Mediator.

21.5   Either party may refer any dispute arising out of or in connection with
       this Agreement to litigation. Except that a party may not commence
       any litigation proceedings in relation to any dispute arising out of or in
       connection with this Agreement until the parties shall have attempted to
       settle the dispute by mediation and that mediation has terminated.

21.6   Both parties shall abide by the shared principles and undertakings set
       out in the Tower Hamlets Compact (See Appendix F)

22     TERMINATION AND AMENDMENTS

22.1 Either party may terminate this Agreement by giving three months
     notice in writing to the other party, where there is serious or persistent
MAY 2009 – E3058                                                             19
       failure by the other party to fulfil its obligations under the terms of the
       Agreement except where a matter is being dealt with under 21
       (Dispute Resolution).

       Notwithstanding the provision of the preceding paragraph or clause
       21.1, either party to this Agreement shall be entitled to determine the
       Agreement upon giving the other party at least six months notice in
       writing. The Council shall pay all instalments up to the date of
       termination to the Service Provider so long as the Service is being
       provided in accordance with this Agreement.

22.2   The Council acknowledges that the Service Provider may be
       dependent upon the continuing support, financial or otherwise, of other
       persons or organisations (including volunteers) and that if such support
       is withdrawn or resources cease to be available, the Service Provider
       may be unable to fulfil all its obligations under this Agreement. In such
       circumstances the Agreement may be adjusted within such period as
       the parties may agree. Failure to reach agreement within a reasonable
       time period may result in either party terminating the Agreement under
       22.1 above.

22.3   If in the reasonable opinion of the Council‟s Supervising Officer, the
       Service Provider, its employees agents (and anyone else acting on
       behalf of the Service Provider) has committed or is committing fraud or
       misapplying funds or otherwise bringing the Council into disrepute, the
       Council‟s Supervising Officer may give notice of the Council‟s intention
       to terminate this Agreement in writing. The Service Provider shall have
       fourteen days to respond in writing. If the Service Provider fails to
       respond within the fourteen-day period, or if in the reasonable opinion
       of the Council‟s Supervising Officer, the Service Provider‟s response is
       not satisfactory, the Council‟s Supervising Officer may immediately
       terminate this Agreement by notice in writing.

23     WAIVER

23.1   Failure by the Council at any time to enforce the provisions of this
       Agreement or to require performance by the Service Provider of any of
       the provisions of this Agreement shall not be construed as a waiver of
       any such provisions and shall not affect the validity of the Agreement or
       any part thereof or the right of the Council to enforcement of any of the
       terms.

24     CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

24.1   The parties agree that the provisions of the Contracts (Rights of Third
       Parties) Act 1999 are excluded from this Agreement or any variations
       thereto.

24.2 In the event that the Service Provider is permitted to sub-contract this
     Agreement or part thereof, the Service Provider shall ensure that the
     agreement between itself and the subcontractor, gives the Council
MAY 2009 – E3058                                                          20
       rights under the Contracts (Rights of Third Parties) Act 1999. Details of
       such rights (if any) shall be given by the Council at the time any such
       permission may be given.

25     NOTICES

25.1   Any demand, notice, or other communication required to be given
       thereunder shall be sufficiently served if served personally on the
       addressee, or if sent by prepaid first class recorded delivery post, by
       telex, electronic mail of facsimile transmission to the registered office or
       last known address of the party to be served therewith and if so sent
       shall, subject to proof to the contrary, be deemed to have been
       received by the addressee on the second business day after the day of
       posting or 24 hours after successful transmission, as the case may be.


26     VARIATION

26.1   The terms of the Agreement and its Appendices may only be varied by
       agreement in writing.

27     LAW AND JURISDICTION

27.1   Subject to the provisions of clause 21 (Dispute Resolution) this
       Agreement shall:
       (a) be governed by and shall be construed in accordance with English
           law; and
       (b) be subject to the exclusive jurisdiction of the Courts of England
           and Wales, to which both of us shall submit.


28     SEVERABILITY

28.1   If one or more of the provisions of this Agreement are or become to
       any extent invalid or unenforceable under any applicable law then the
       remainder of this Agreement shall continue in full force and effect.

28.2   If this happens then both parties shall enter into good faith negotiations
       to amend the provision concerned in such a way that as amended, it is
       valid and enforceable and to the maximum extent possible, carries out
       both the parties‟ original intent.

29     THE COUNCIL’S FUNCTIONS AS A LOCAL AUTHORITY

29.1   Nothing in this Agreement shall prejudice or affect the Council‟s rights,
       powers, duties and obligations in relation to the exercise of our
       functions as a local authority.

30     COMMON ASSESSMENT FRAMEWORK (CAF)/ TEAM AROUND
       THE CHILD AND LEAD PROFESSIONALWORK
MAY 2009 – E3058                                                                21
30.1   The Service Provider shall use the Common Assessment Framework
       to refer children and young people to other agencies where they have
       additional needs that cannot be met by the service. The Service
       Provider shall abide by the requirements set out in the Tower Hamlets
       Integrated Working and Commissioned Services Framework.
       (Appendix G).

31.    TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT
        REGULATIONS) 2006 . THIS CLAUSE ONLY COMES INTO FORCE
       IF THESE REGULATIONS ARE APPLICABLE.

31.1   For the purposes of this clause 31:

       "Contract of employment" shall have the same meaning as ascribed
       to it in regulation 2 of the TUPE regulations.

       "Service Provider's Employee" is an employee, as defined in
       regulation 2 of the TUPE regulations, who is assigned to the organised
       group of resources employed in the provision of the Services and who
       shall or shall be likely to transfer under the TUPE Regulations to a
       subsequent contractor upon the expiry of or the termination of the
       Service Provider's employment under this Contract.

       "Employee liability information" means information, which is or ought
       to be known to the Service Provider as to the Service Provider's rights,
       powers, duties and liabilities under or in connection with the contract of
       employment of any Service Provider's Employee.

       "Preceding contractor" is a service provider who immediately prior to
       the start of this Agreement was, under a contract with the Council,
       responsible for the performance of the works comprised in the Service.

       "Subsequent contractor" is a services provider who upon the expiry
       or the termination of the Service Provider's employment under this
       Contract shall take over the responsibilities for the performance of the
       works comprised in the Service or part of the Service.

       "TUPE regulations" means the Transfer of Undertaking (Protection of
       Employment) Regulations 2006 and/or any other regulations enacted
       for the purpose of implementing the Acquired Rights Directive (Council
       Directive 77/187/EEC) as amended by Council Directive 2001/23EEC)
       into English law

31.2 The parties acknowledge that the provisions of the TUPE regulations
     are likely to apply upon expiry or termination of the Service Provider's
     employment under this Contract. Accordingly, the Service Provider
     undertakes to perform all its obligations and duties as an employer
     under the contract of employment of all the Service Provider's
     Employees and to co-operate in the transfer of the Service Provider's
     Employees to the Council or a subsequent contractor.
MAY 2009 – E3058                                                          22
31.3   The Service Provider shall no later than 21 days from receipt of a
       request from the Council provide to the Council or to any third party
       notified to it by the Council a list of all the Service Provider's
       Employees together with employee liability information in respect of the
       Service Provider's Employees and in such format as may reasonably
       be required by the Council. The Service Provider hereby warrants the
       accuracy and completeness of the said list and the employee liability
       information provided pursuant to this clause 31.3 and undertakes to
       notify the Council of any change in the information prior to the expiry of
       or termination of the Service Provider's employment under this
       Contract.

31.4   Where under clause 31.3 the Service Provider is required to provide a
       list of Service Provider's Employees and the employee liability
       information to a third party, the Council shall first procure that the third
       party enters into a confidentiality agreement in a form to be provided by
       the Council. For the avoidance of doubt, the information provided
       under clause 31.3 may only be used for the purposes of preparing and
       submitting or otherwise obtaining tenders in relation to the future
       provision of the Service or part of the Service.

31.5   During the 12 months preceding the expiry of this Contract or where
       notice to terminate Service Provider's employment under this Contract
       for whatever reason has been given, the Service Provider shall allow
       the Council or such other persons as may be authorised by the Council
       to communicate with and meet the Service Provider's Employees and
       their trade union or employee representatives as the Council may
       reasonably request.

31.6   During the 12 months preceding the expiry of this Contract or where
       notice to terminate this Contract for whatever reason has been given,
       the Service Provider shall not without the prior written consent of the
       Council unless for bona fide economic, technical or organisational
       reason in the ordinary course of business:

       31.6.1    terminate the employment of any Service Provider's
                 Employee for any reason whatsoever save where, in the
                 reasonable opinion of the Service Provider, termination is
                 justified for cause due to the actions of the Service Provider's
                 Employee;

       31.6.2    vary or purport or promise to vary any Service Provider's
                 Employee's contract of employment;

       31.6.3    materially increase or decrease the number of Service
                 Provider's Employees;

       31.6.4    assign or redeploy any Service Provider's Employee to other
                 duties unconnected with this Contract,

MAY 2009 – E3058                                                                23
       31.6.5    recruit or redeploy (except as a replacement for any Service
                 Provider's Employee whose employment is terminated and
                 where the replacement is being recruited on terms which are
                 not materially better than the terms of the Service Provider's
                 Employee being replaced) any other person to carry out any
                 role directly under this Contract; or

       31.6.6    carry out or permit any other alterations to the structure or
                 composition of the Service Provider‟s Employees which are
                 intended to or which may preclude or otherwise affect the
                 application of the TUPE regulations upon the expiry of or
                 termination of the Service Provider's employment under this
                 Contract.

31.7   The Service Provider shall be liable for and shall indemnify the Council
       against all proceedings, costs, losses, damages, expenses and interest
       suffered or incurred by the Council or to which the Council may be put,
       whether directly or indirectly, by reason of:

       31.7.1    a claim brought by any Service Provider's Employee after
                 the commencement of this contract arising out of or in
                 connection with any act or omission by the Service Provider,
                 including any claim for redundancy, pay in lieu of notice,
                 damages for breach of contract or any other matter relating
                 to the Service Provider's Employee‟s contract of employment
                 or its termination. For the avoidance of doubt this indemnity
                 shall extend to:

       31.7.2    all costs incurred by the Council pursuant to an indemnity
                 provided by the Council to a subsequent contractor in
                 respect of an employer's liabilities under the TUPE
                 regulations, and

       31.7.3    all costs incurred by the Council pursuant to an increase in
                 the tender price as a result of the Council, for whatever
                 reason, being unable or unwilling to provide a subsequent
                 contractor with an indemnity in respect of employer's
                 liabilities under the TUPE regulations; or

       31.7.4    failure by the Service Provider to provide the list of Service
                 Provider‟s Employees and their employee liability
                 information in time.

       31.7.5    a breach by the Service Provider of any of its obligations
                 under clause 31.




32   SIGNATORIES TO THIS AGREEMENT
MAY 2009 – E3058                                                            24
Signed

Title




            duly authorised to sign for and   duly authorised to sign for and
            on behalf of the Mayor and        on behalf of Provider’s Name
            Burgesses of the London
            Borough of Tower Hamlets




MAY 2009 – E3058                                               25
                                                                                               APPENDIX A

       Career Education, Information, Advice and Guidance (CEIAG)
                          Contract Specification

                      London Borough of Tower Hamlets (LBTH)



1.0          Introduction

1.1     The responsibility for the funding and delivery of a Connexions Service to all
young people aged between 13 years and 19 years (up to 25 years for young people
with learning difficulties and/or disabilities) was transferred to Local Authority
control in April 2008. Through this new arrangement Local Authorities are required
by central government to focus greater attention on approaches to the design and
delivery of careers and related services for young people. The new quality standards
for information, advice and guidance (IAG) for young people have to be implemented
and the suggested improvements to support careers work in England1 highlight the
potential range and breadth of activity required.

1.2    The overall goal is to improve the knowledge base of the youth support
workforce so that young people‟s understanding of, and access to, local, regional and
national education, training and labour market opportunities can be maximised.

1.3     The Connexions Service in the London Borough of Tower Hamlets is
currently led by VT Futures, working in partnership with the Education Improvement
Partnership Team and other local key stakeholders. The existing delivery contract
covers the supply of a universal Information, Advice and Guidance (IAG) service for
all young people, as well as targeted services for vulnerable young people identified as
being „at risk‟. The contract includes a wide range of activities that enable young
people to manage their learning, personal and career development. [Career
Education] Information Advice and Guidance (CEIAG) is a key function of Local
Authority integrated youth support services.

1.4     In April 2008 the responsibility for the funding of the Connexions Services
passed to the London Borough of Tower Hamlets. Drawing upon the Children and
Young People‟s Plan and as part of the reshaping of an integrated service, the
following Vision, Mission and Purpose statement is provided:

             Our Vision is that young people, parents/carers and employers/training
              Providers will make proper use of the Youth Support Services in the
              London Borough of Tower Hamlets and they will view the Connexion
              Service as an important contact point for information, advice and guidance
              to support their learning and work transitions).
             Our Mission is that young people are actively encouraged and involved in the
              process of defining their needs and in the design and development of a
              differentiated Youth Support Service which offers self help services, brief–

1
    Skills Commission (2008) Inspiration and Aspiration: Realising our potential in the 21st Century. London. p.28.
MAY 2009 – E3058                                                                                                26
            assisted services and intensive case-managed services i.e. to provide the
            right resource, used by the right person, with the right level of support.
            Our Purpose is to design and deliver high quality services that are valued by
            individuals and recognised as supporting meaningful and effective transitions
            for all young people in the London Borough of Tower Hamlets.

1.5     The current arrangements ensure that Personal Advisers (PAs) work in local
integrated teams‟ in schools and in the wider community. There is a referral system
which ensures that young people are referred to an appropriate PA and that
necessary processes and procedures are followed to capture information on the
Pan-London CCIS, including tracking and monitoring of progress.

1.6    The tables below show that steady progress has been achieved although the
reduction target of 6%, by 2010/2011, remains challenging.

                                                       NEET
                      2005/2006 Actual                        10.8%
                      2006/2007 Actual                        10.8%
                      2007/2008 Actual                         8.2%
                      2008/2009 Target                           7%
                      2009/2010 Target                       6. 25%
                      2010/2011 Target                           6%

1.7    The following issues concerning the provision available to young people in the
London Borough of Tower Hamlets have also been identified and are being
addressed through the Education Improvement Partnership Team with strategic
partners:

          Implementation of the September Guarantee and a Tower Hamlets-wide 14-
           19 Area e-Prospectus.
          Growth of vocational provision pre-and post-16.
          New Diplomas rolled out in the city 2008-2013.




MAY 2009 – E3058                                                                       27
         Clearing House for all Apprenticeship placements for young people to
          remove bureaucracy barriers and facilitate networks and contacts.
         Further urgent work required with schools and employers to improve
          knowledge, skills and awareness of labour market trends and opportunities
          for young people.
         Being able to track young people from age 13/14 to ensure Youth Support
          Service maximum reach and impact.


2.0       Service Scope

2.1    This specification covers the provision and delivery of Connexions: Career
Education, Information, Advice and Guidance in the London Borough of Tower
Hamlets as part of the integrated Youth Support Service within the Children and
Young People‟s Strategic Plan). The appointed „Provider‟ will report direct to LBTH
Service Head for Young People and Learning.

2.2   The specification will be delivered within the London Borough of Tower
Hamlets in accordance with the following statutory requirements:

          (i)      Section 8 of the Employment and Training Act 1973
          (amended by the Trade Union Reform and Employment Rights Act
          1993) whereby the Connexions Service, on behalf of the Secretary of State
          will assist persons undergoing relevant education to decide:

             what employments, having regard to their capabilities, will be suitable for
              and available to them, when they cease undergoing such education;
           what training or education is or will be required by and available to them
              in order to fit them for those employment; and
          for assisting persons ceasing to undergo relevant education to obtain such
          employments, training and education.

          (ii)    Section 114 of the Learning and Skills Act 2000 whereby the
          Secretary of State has the power to provide or secure the provision of
          services which they think will encourage, enable or assist (directly or
          indirectly) effective participation by young people in education and training.

          This power extends the contract remit beyond careers education and
          guidance into delivery of a wider range of services designed to improve levels
          of participation and training.

          The Secretary of State has a duty to secure the provision of information,
          advice and guidance for people in full-time education (except higher
          education) or in part-time vocational education in order to assist them in
          deciding what employment will be suitable for them, and what education and
          training will be necessary to enable them to obtain that employment.

          (iii)  Section 139 (or non-statutory equivalent agreed with the
          local authority) of the Learning and Skills Act 2000
          The Secretary of State has a duty to arrange an assessment for young people
MAY 2009 – E3058                                                                      28
           with learning difficulty and/or disability as defined by the Act to assist their
           transition to post-16 education and training opportunities. Section 139 (or
           non-statutory equivalent agreed with the local authority) assessments will be
           conducted by (appropriately qualified) Personal Advisers and take place in or
           after the young person's final year of compulsory education.

In addition, the Provider must take full account of the forthcoming Education and
Skills Act (2008) which requires all Local Authorities to have regard to IAG that
will support the delivery of high quality, impartial careers provision. Linked to this is
the development of an IAG entitlement for all young people2. This brings increased
accountability for the design and implementation of career education, information,
advice and guidance services for all young people.

2.3        In delivering the service, the Provider shall work within and contribute to the
           Children and Families Trust‟s Integrated Youth Support and 14-19 Agendas,
           in particular to the CEIAG and Targeted Youth Support elements.

2.4        It covers the provision of CEIAG services to young people in education and
           vocational training, and those in the community including:
            11-16 schools (including pupils referral units, special and independent
               schools)
            14 plus in Further Education Colleges and Sixth Forms
            Young people with special needs and learning difficulties and/ or
               disabilities (up to the age of 25)
            Young people educated through Out of School Learning (up to age 19)
            Young people in vocational education or training (up to age 19)
            Young people in employment without training (up to age 19)
            Young people in the community, including those Not in Education,
               Employment or Training (NEET) (up to age 19).




2
    DCSF (2008) Work in progress.
MAY 2009 – E3058                                                                        29
2.5    The service shall include:
           impartial information, advice and guidance on learning, personal
              development and career options, including access to on-line and
              paper-based resources;
           access to appropriate levels of support, based on a differentiated
              service delivery model, on all issues within the scope of Connexions;
              and
           services that seek to remove barriers and highlight opportunities to
              support young people‟s progression and transitions into adult life.

2.6      The Provider shall deliver and promote a „core offer‟ for all, including
differentiated support, and shall work closely with the Children and Families Trust
partnership agreements, protocols and information sharing arrangements. The
Provider shall work with school and colleges, employers and training organisations
and other appropriate agencies, to provide a multi-disciplinary approach to
supporting young people from all walks of life. The Provider shall enter into
agreements with schools on behalf of the Commissioner to ensure that this support
is available to all young people in the Borough. It should be noted that the successful
contractor will be mindful of the importance of offering schools and colleges the
option to „buy in‟ additional time and tailored services beyond that formally agreed
within the LBTH contract arrangement. This added-value arrangement offers schools
and colleges the option for additional services, as and when required, separate from
the Local Authority formal contract agreement.

2.7    The Provider shall deliver the Connexions Service through trained Personal
Advisers and other staff competent to fulfil the duties and responsibilities required.
The Provider shall put in place sufficient Personal Advisers and other competent staff
to respond to the needs of young people in the operational area in order to:
     provide the links to specialist support and provision needed as a result of
       assessment and review and the Common Assessment Framework (CAF);
     provide performance information in accordance with the contract; and
     establish a process with the Children And Families Trust for the continuous
       improvement of the service.

2.8     There is a requirement that the Provider will deliver the service from locally
based accessible venues across the Borough, with delivery points including „One Stop
Shop‟, advice centres or other appropriate „satellite‟ venues used by young people
including schools, colleges, youth centres and/or other community-based settings.
This will involve close collaboration with other service Providers and organisations
to achieve a truly integrated and seamless service for young people. Ensuring public
access, IT, library and other resource materials will form an importance feature of
the IYSS plan.

2.9     It is expected that front-line staff and operational managers will be located in
close proximity to ensure effective communication, clarity in delivery priorities and
effective management of resources.

2.10 In delivering the service, the Provider shall contribute to the Connexions
targets, including local area targets as set out in Appendix 1 as well as identifying
continuous improvement.
MAY 2009 – E3058                                                                     30
3.0        Objectives and ‘core’ specification of the service to be provided

3.1    The overall objective is to contribute to improved outcomes for children and
young people in the London Borough of Tower Hamlets, as set out in the Children
and Young People‟s Plan (CYPP):                 www.towerhamlets.gov.uk/data/your-
council/data/strategy/downloads/cyp-plan.pdf. This is in support of the vision that
LBTH should be the best place in the country for young people to grow up; we want
to ensure that our children and young people have the best possible start in life so
that everyone has the opportunity to fulfil their potential to maximum effect. The
CYPP „Achieving Economic Well-Being‟ section, covers the key priorities relating to
Connexions Service priorities.

3.2        The contract will require the Provider to offer the following ‘core
           elements’:

      a)      To provide high quality information, advice and guidance to young people
              to help them make informed decisions about their lives. This should
              include providing all young people with a summary action plan after an „in-
              depth contact‟ with their Personal Adviser and review this at each
              subsequent contact.
      b)      To identify and provide targeted services to vulnerable young people
              from year 9 onwards.
      c)      To provide enhanced support to those young people who need it up to
              the point where intensive support is appropriate for those who are
              under-achieving, have serious problems or get into trouble. This should
              contribute to the work of the September Guarantee group in the
              Borough and specifically identify those vulnerable youngsters in the spring
              term of Year 11 and Year 12 who have no intended destination or whose
              destination is unclear.
      d)      To provide relevant services for assisting young people undergoing
              education and/or training to decide suitable future directions in terms of
              learning, work and/ or personal development, training.




MAY 2009 – E3058                                                                      31
   e)   To ensure that each person in Year 11 and Year 12 is made an
        appropriate offer of a place in learning.
  f)    To track young people in Year 11 and Year 12 to ensure that they take
        up an offer of learning and complete their planned programme. Where a
        young person is not retained on their original programme, to ensure that
        an alternative suitable offer is made leading to successful transition back
        into learning.
  g)    To assist schools in delivering a high quality programme of career
        education from Year 9 onwards and to inform and support curriculum
        and staff development.
  h)    To ensure by the end of Year 9 that all pupils have access to impartial
        advice on options available.
  i)    To ensure effective participation of young people in education or training
        by:
              Moving those who are NEET to EET
              Supporting young people to overcome barriers to prevent them
                 becoming NEET
              Encouraging and supporting young people to remain in sustainable
                 EET.
  j)    To arrange assessments for all young people with learning difficulties
        and/or disabilities as defined by Section 139 (or non-statutory equivalent
        agreed with the local authority) of the Learning and Skills Act 2000, to
        assist their transition to post-16 opportunities.
  k)    To use a client caseload information system (CCIS) and to feed into the
        Pan-London CCIS developments, in order to provide tracking, recording
        and reporting requirements including destinations and outcomes to
        comply with current and future government requirements (e.g. APA and
        JAR, and local information sharing activities).
  l)    To provide young people with learner support and relevant financial
        information and actively promote their take-up including Care to Learn,
        Education Maintenance Awards and other relevant financial incentives
        designed to support learners.
  m)    To establish an overview contract with Job Centre Plus, with an annual
        local agreement.
  n)    To contribute towards achieving: -
         Reduced NEET, including young people with learning difficulties and/
            or disabilities from BME groups, children in care, care leavers and
            other vulnerable groups.
         Improved pre-and post-16 attainment.
         Improved achievement targets up to age 19.
         Improved school attendance.
         Improved outcomes for young people in care, care leavers, young
            offenders, young people with a substance mis-use problem measured
            against national and local targets, as necessary.
         Reduce under 18 conception rates.
         Increases in the proportion of teenage parents in employment,
            education and training.
         Better support for teenage parents including close co-operation with
            the LBTH‟s work on teenage parent re-integration.
         An increased proportion of supervised offenders undertaking
MAY 2009 – E3058                                                                 32
                   education, employment and/ or training.
      o)       To adhere to the DCSF National Quality Standards for Young People‟s
               Information, Advice and Guidance (IAG) see: www.cegnet.co.uk
      p)       To offer evidence-based input and every assistance in the evaluation of
               progress against the „Youth Matters‟ reforms. This includes ensuring
               record keeping is rigorous and up-to-date, that monitoring reports are
               submitted on time and that consultation is carried out in a timely and
               effective manner
      q)       To work within Children And Families Trust requirements to make the
               service provision available to young people at times and places acceptable
               to them, recognising the differences that exist between differing localities
               in the Borough3. Services must also be accessible to parents/carers and
               educational and training establishments. The Provider will be expected to
               offer a full-time information, advice, guidance and support service in a
               high street „One Stop Shop‟ on behalf of LBTH.
      r)       To work as part of the IYSS in partnership with the Children And Families
               Trust arrangements at both a strategic and operational level.
      s)       To contribute to the integrated services to meet the „Extended Services‟
               agenda.
      t)       To promote services to young people through relevant media in a cost-
               effective manner.
      u)       To develop staff cost-effectively and to work with partners to provide a
               consistent approach in the development of all persons providing
               information, advice and guidance for young people in line with the
               “Requirements and Guidance for the Connexions Service”, go to:
               www.everychildmatters.gov.uk/news.
      v)       To have appropriate governance and management arrangements in place
               to ensure the maximum amount of resource is devoted to front-line
               delivery.
      w)       To work with the Children And Families Trust to attract additional
               external funding and resources necessary to achieve high quality
               outcomes fro young people.
      x)       To ensure that the profile of the staff team is representative of the local
               community.
      y)       To regularly and actively seek young people‟s views on the service
               provision.
      z)       To engage more young people in positive activities to empower them to
               design and shape the services they receive.
      aa)      To encourage more young people to volunteer and become involved in
               their communities.

4.0         Detailed Requirements for Service Delivery

4.1    The Provider will have lead responsibility for ensuring that all young people
are able to make an informed choice of appropriate pre- and post-16 learning and

3
  LBTH has established „Idea Stores‟, and youth clubs, in partnership with the Youth Service and
Lifelong Learning, offer an out-of-hours service. The successful Provider will be required to make
available the equivalent of two FTE Personal Advisers, operating after 4 o‟clock in the evening. Some
hours worked must also be at weekends.

MAY 2009 – E3058                                                                                 33
that the 14-19 Partnership, LA, employers and individual Providers receive specific
and timely information regarding unmet need to support responsive planning. LBTH
is particularly keen that the Provider to develop and/or offer „online provision‟ to
enable young people to access services „at a distance‟, as and when required. This
should complement provision already available through national help lines such as
Connexions Direct; ASK FRANK; etc and local resources including the C-ool, Hub
and Choice websites.

4.2    The Provider will help schools across the Borough in their statutory
requirements to deliver a high quality programme of careers education from Year 7
onwards by supporting curriculum and staff development in careers work and in so
doing will provide a careers service to all young people.

4.3     Effective engagement with schools, employers and work-based Providers is a
crucial aspect of the overall contract. As such as we built upon the „core
requirements‟ and outlined key performance indicators (KPIs) in relation to this
below: -

   Provide a universal careers IAG service to all secondary schools in the borough
    including targeted support, in conjunction with the LBTH „in-house‟ team, to
    reduce the level of under-performance and young people becoming NEET.
    Ensure that information provided does not conflict with the ethos of faith
    schools/colleges.
   Continue to support the development of integrated services for disabled
    children and young people and provide support to young people with
    statements of special educational needs by attending annual transitional reviews
    and by supporting these young people and their parents/carers during the
    transition from school/college.




MAY 2009 – E3058                                                                 34
   Provide additional targeted support to young people attending special schools,
    and those placed by the local authority in specialist residential educational
    placements to reduce the level of under-performance and the risk of becoming
    NEET.
   Ensure that all young people in Year 9 and upwards shall receive an entitlement
    statement of the services available to them. The Provider shall make available
    suitably targeted information to parents and carers at key transition points.
    Contribute to Individual Learning Plans (ILPs).
   Ensure attendance at all Section 139 (or non-statutory equivalent agreed with
    the local authority) planning sessions, and ensure professional PA follow through
    in relation to agreed critical action points.
   Attend and contribute to Year 9 Transition reviews.
   Deliver at least 100 parent/carer meetings.
   Plan, organise and deliver „sector careers awareness events‟ for Year 10, 11 and
    12 and for those who advise them in each of the sectors with significant
    employment or learning opportunities within the Borough including the 14
    Diploma Lines in 2010/11 and co-planning and support for organisation and
    delivery in 2009/10 with the Hub team.
   Take responsibility for preparation, follow up and promote attendance for a
    minimum of 4 sector careers awareness events in every Tower Hamlets school.
   Produce Partnership Agreements with all schools and colleges across the
    Borough and formally review these regularly.
   Ensure all Personal Advisers are qualified to at least NVQ Level 4 (or equivalent)
    in Information, Advice and Guidance or are actively working towards this level.
   Identify the destination of all Year 11 leavers by the end of November 2009 and
    report to „The Hub‟ by January 2010. Analyse results of this exercise by schools
    and send to the LBTH‟s and The Hub representatives for review and comment
    before publication to the Hub Board.
   Provide Annual School Leaver Destination Reports for School Governors in a
    user-friendly format, borough-wide Year 11 Destination Reports by January of
    the following year and 17+ and 18+ Destination Reports by February.
   Develop with Careers Co-ordinators and allied staff in schools a dedicated
    „CEIAG Resources Hub‟ accessible to all young people in every school.

4.4   Stay alert to LMI provided by Sector Skills Alliance and London Skills and
Employment Board and work with all members of the Tower Hamlets Employment
Task Group to maximise the benefits of employer contacts for young people.

4.5    Lead on and advise LBTH on progress and key issues specifically related to
the „September Guarantee‟ and NEET strategic plans. This will require the Provider
to:
     Work with IYSS to ensure that all vulnerable young people are assigned a
        „Lead PA‟ complying with the CYPP and that the right level of interventions
        and support is made, including, where appropriate, Tower Hamlets CAF
        process and this is recorded onto the CCIS.
     Follow LBTH‟s Information Sharing Protocol to ensure that relevant
        information is recorded and shared with supporting agencies where it is in
        the interests of young people to do so and only on a „need to know‟ basis.
     Work with IYSS to contact all young people „disengaged‟ or listed as

MAY 2009 – E3058                                                                   35
        „unknown‟ and record their current situation in line with the LBTH‟s
        „Unknown Process‟ guidelines.
       Work with IYSS to identify young people likely to be entitled to financial
        help and support their application, complying with the Benefit Liaison
        Guidelines for Connexions Services.
       Promote and support entry into E2E or FLT Programmes, as and when
        appropriate.
       Work with all 14-19 providers to produce agreed reports and data to
        inform and support the September Guarantee
       Work with IYSS to ensure all young people leaving compulsory and non-
        compulsory education are contacted by a Provider within 2 weeks of being
        notified of them moving into the NEET category. Subject to access to data,
        report to the Local Authority those young people not contacted within this
        period.

4.6    The Provider will lead on the development of coherent and personalised
guidance procedures across all 14-19 partners, including production of the guidance
handbook and e-portfolio initiatives. This should include striving to ensure that every
young person at 16+ without a level 2 qualification has a clear progression plan.

47     The Provider will be required to develop an ETE plan for all young people
released from custody within five days of release.

4.8     The Provider should assist the Council in its attempts to identify and provide
education for children not known to the Local Authority. In addition, work with IYSS
to ensure that all young people on „Out of School Learning‟ records are provided
with appropriate information, advice and guidance, targeting those in Year 9 and
Year 11 – inclusive of their destinations. Also, identify through working with other
departments of the Children And Families Trust all young people educated at home
and ensure they are contacted as appropriate and according to agreed procedures
and ensure their parents/ carers are contacted at least twice yearly (December and
April) notifying them of the support available.

4.9 The Provider will be expected to co-operate and contribute towards the
development of a five Borough strategy on the Olympics and the Olympics legacy.

4.11 The Provider will support the London Borough of Tower Hamlets 14-19
Education Improvement Partnership (The Hub) and the Education Business
Partnership in the development and delivery of the „Passport to Employability‟
programme, an initiative designed to provide a structured framework of
employability skill development programmes for all young people in „The Hub‟.

4.12 The Provider will need to establish and implement a support programme for
„young people in training‟ to include telephone, email and /or visits to training
Providers premises and that any concerns about the quality of CEIAG are reported
to the Local Authority..

4.13 The Provider should produce an annual self-assessment report for
consideration by the Contract Manager and the 14-19 Partnership.


MAY 2009 – E3058                                                                    36
5.0    Targets

5.1    LBTH Children and Young People‟s Strategic Planning Group has a range of
key targets that it requires from its Connexions Service Provider. The Provider will
have responsibility to work with the LBTH IYSS team, for shared responsibility for
the Borough targets to reduce the proportion of 16-18 year olds not in education,
employment or training (NEET) in Tower Hamlets. In partnership with the Hub and
other children‟s services, the overall NEETS figure should be reduced from 8.2% in
2007/2008 to:

                      2008/09: 7%
                      2009/10: 6.25%
                      2010/11: 6%

(The rate will be calculated once a year using the mean of the figures from the
November, December and January returns submitted to the DCSF). These are
detailed in Appendix 3 C.


6.0   Monitoring Requirements:             Connexions       –   CEIAG      Contract
Performance Measures

6.1     The Children And Families Trust will require quarterly and interim reports,
where necessary, from the Provider reflecting performance against contract
requirements and key performance indicators (KPIs). The Provider will also be
required to contribute to LBTH area reports detailing integrated team performance
against key targets and proposing improvements.

6.2   A detailed schedule of reporting will be agreed with the Provider.


7.0   Management Information (MI) and Client Caseload Information
System (CCIS)

7.1     The provider will analyse CCIS information and will make reports available to
all Providers and partners of Connexions.

7.2    As the specification is for a major contract for Connexions Services the
Provider is required to have in-house MI expertise to support their staff in complying
with MI related requirements and processes.

7.3     The Provider will be expected to contribute towards the current data
collection from schools and LAs at Key Stage 4 (LECP MI team has the main
responsibility) to ensure comprehensive data is available for years 10 and 11 cohorts.

7.4     The Provider will be required to undertake destinations surveys for all school
leavers on an annual basis to feed into the MI and CCIS framework.

7.5     The Provider will be required to submit One Stop Shop (OSS) data to the
central system (Core Plus) on a monthly basis.
MAY 2009 – E3058                                                                   37
7.6    The provider will be required to record the declared ethnicity of every young
person known to the Provider on CCIS for equal opportunity monitoring, as allowed
under data protection legislation.




MAY 2009 – E3058                                                                 38
Explicit Requirements for Contract Monitoring

                                 CEIAG Contract Targets

Overarching Outcome Target: Bonus-bearing (5% total contract value)


Requirement                                                           Target
                                                                      2009/10 6.25%
Reduction in 16-18 year olds who are NEET using an annual
                                                                      2010/11 6%
result based on three one month snapshots at the end of
November, December and January each year
                                                                      (3% total contract value)

                                                                      To match reduction in NEET
Reduction in 16-18 recorded as situation unknown
                                                                      (1% total contract value)

                                                                      Annual reduction in differential %
Reduction in the number of young people 16-18 who were
                                                                      against general Tower Hamlets
statemented , recorded as School Action + or were the subject
                                                                      NEET population
of a CAF in Year 11 and who become NEET
                                                                      (1% total contract value)

Output Targets: Bonus-bearing (Each target carries 0.5% of total contract value)

       Requirement                                                    Target
           1. Agree, review and annually update individual
              support plans for all of young people in Years
              9-11 statemented , recorded as School Action +          100%
              or the subject of a CAF

           2. Agree, review and annually update Individual
              support plans for all young people 16-18 who
              were statemented or were the subject of a CAF           100%
              in Year 11

           3. Ensure that all young people in Years 11, 12 and
              13 in learning are recorded on CCIS and that their      99%
              contact details are current
           4. Establish and record intended destinations of Year
              11s by January of each year
                                                                      99%


           5. Analyse and report Year 11 intended destinations
              by type of provider, type of programme, level and
              line of learning by February of each year to identify   99%
              gaps in provision and inform planning

           6. Collect information about applications and offers
              and ensure that an appropriate offer is made to all
              young people in Year 11 by September 1 of the
                                                                      2009/10 97%
              year in which they move on or that named
                                                                      2010/11 98%
              individuals for whom no appropriate option is
                                                                      2011/12 99%
              available are identified to the Local Authority by 1
              July

           7. Collect information about applications and offers
                                                                      2009/10 90%
              and ensure that an appropriate offer is made to all
                                                                      2010/11 92%
              young people in Year 12 by September 1 of the
                                                                      2011/12 95%
              year in which they move on
MAY 2009 – E3058                                                                           39
           8. Confirm young people‟s destinations (activity on
               1st November) to record in the annual activity
               survey and produce a Year 11 activity report by      99%
               January and a 17+ and 18+ activity activity report
               by February of the following year
           9. Support young people in Years 9, 10 and 11 to         300 qualifications gained in
               gain nationally recognised employability or          2009/10. Annual increase as
               enterprise qualifications                            negotiated
           10. Support young people in Years 12 and 13 to gain      300 qualifications gained in
               nationally recognised employability or enterprise    2009/10. Annual increase as
               qualifications                                       negotiated

Service Delivery Targets

Requirement                                                         Target
IAG Standards

To ensure that there is progress against a borough-wide             Annual improvement plans
implementation plan matched to the IAG standards and that           agreed with all schools, the
annual improvement plans are agreed with schools, the               College and training providers
College and training providers to support achievement of the        by end of November of each
IAG standards                                                       year


Training level of practitioners
To ensure that front line workers (PAs and Other Delivery
                                                                    95% (within first 3 months of
Staff) are qualified or working towards at least NVQ 4 training
                                                                    the start date)
requirements

Involvement of young people in service design
To ensure that young people are involved in designing               Quarterly evidence of active
Connexions services e.g. governance, staff recruitment,             consultation and involvement
mystery shopping, and opening times reviews in line with            to be presented at contract
LBTH Youth Participation strategy.                                  monitoring meeting

Evaluation of professional practice
PAs and other delivery staff practice is evaluated twice per        100%
year using National Quality Standards for IAG framework
Appropriate support levels assigned
                                                                    100%
To assign the correct support level to each young person
Informed post-16 Choice
                                                                    Options events held in all
                                                                    providers with over 100 young
Work with schools, post 16 providers and the Hub to provide         people in Year 11 and 12
impartial IAG to all Year 11 and year 12 leavers
Personal Adviser Deployment
Providers are required to deploy Personal Advisers and Other
                                                                    No non-compliance as
Delivery Staff (ODS) employed by them on the basis of
                                                                    recorded by the LBTH
decisions made by the Commissioner. This includes PAs
                                                                    Commissioner’s
deployed in schools and colleges. Any substantial changes in
                                                                    Representative
the deployment of PAs/ODS must be agreed by the
Commissioner’s Representative.
Young People involvement statement
Providers are required to involve young people in decisions
                                                                    100%
that affect young people. Providers are required to follow the
Children and Families Trust or LBTH specified guidelines.
Performance Monitoring Process
Providers are required to comply with the Performance               Quarterly, comprehensive
Monitoring Process by submitting high quality reports by the        reports to deadline
specified deadlines identified in the Performance Monitoring

MAY 2009 – E3058                                                                       40
Process and to meet with the Commissioner’s Representative
as required.
Providers to reply promptly and flexibly to any queries on
submitted reports.
Providers are required to have in place a process for
measuring sickness and absence levels and to share this for
PAs and Other Delivery Staff with the Commissioner’s
Representative
Ethnicity records
To ensure that ethnicity information is recorded on CCIS for all   95% ethnicity recorded on CCIS
young people where this is not explicitly withheld.
CCIS compliance
Providers are required to ensure that all PAs are trained on
and input their interventions with young people on the CCIS
database. The Provider must ensure that all staff (Personal        Single declaration required
Advisers and others) who have been trained to access CCIS,         100% of staff accessing CCIS
have signed a copy of the Children And Families                    trained and with signed
Trust/Connexions ‘Data Security and Confidentiality                agreement; enhanced CRB
Agreement’ and that a signed copy is kept in their HR file. The    checks; CAF training; NVQ 4
Provider will give advanced notice to the Contracts &              training; confidentiality and
Performance Manager of any staff who currently accesses the        data protection protocols
CCIS database but who will be leaving their organisation. This
will ensure that their User Name can be removed as soon as
they leave so that they no longer have access to CCIS.
Partnership Agreements
To have effective partnership agreements with relevant 13-19
                                                                   Partnership agreements in
organisations that enable sharing of information about young
                                                                   place with all schools, colleges
people, resources and good practice. PAs based in schools,
                                                                   and partner organisations
colleges or within partner organisations are required to make
the necessary arrangements as agreed by the LBTH’s
Commissioner’s Representative.
Surveys
                                                                   100% of schools, colleges and
Providers are required to manage an annual customer
                                                                   training providers participate in
satisfaction survey and to provide an analysis of exit
                                                                   customer satisfaction survey
interviews of PAs resigning from their roles.
Assessment Framework
                                                                   100% of PAs CAF trained within
All PAs are required to use the CAF Assessment framework for
                                                                   two months of appointment
vulnerable young people
Self Assessment

Providers are required to produce an annual self-assessment
report by October of each year and to agree a matched action
plan with the LBTH’s Commissioner’s Representative.                Annual report and
                                                                   improvement plan




MAY 2009 – E3058                                                                       41
MAY 2009 – E3058   42
                                         Annex A

                           Definition of Protected Personal Data

As a minimum, personal data includes all data falling into either category A or B below:-

   A. Any information that links one or more identifiable living person with private
      information about them.

There should be protection for data set that includes:-

      One or more of the pieces of information through which an individual may be
       identified (name, address, telephone number, driving licence number, date of birth,
       photography), combined within

      Information about that individual whose release could cause harm or distress,
       including:-

      DNA or finger prints
      Bank/financial/credit card details
      National Insurance number
      Passport number/ information on immigration status
      Travel Details (for example at immigration control, or Oyster records)
      Tax, benefit or pension records
      Place of work
      School attendance/ records
      Material related to social services (including child protection) or housing case work
      Conviction/ prison/ court records/ evidence
      Group/ affiliation/ political or other sensitive personal data as defined by the Data
       Protection Action (Section 2)

Note this is not an extensive list.

   B. Any source of information about 1,000 identifiable individual or more, other
      than information sources from the public domain.

       Note that this is a minimum standard. Information on smaller numbers of
       individuals my justify protection because of the nature of the individuals, source of
       the information, or extent of information.
                                                                             APPENDIX A-2




                          SERVICE AGREEMENT BETWEEN
                       LONDON BOROUGH OF TOWER HAMLETS

                                            AND

                          Careers Enterprise (Futures) Limited

POLICE CHECKS FOR STAFF AND VOLUNTEERS WORKING IN INDEPENDENT AND
                 COMMUNITY SECTOR ORGANISATIONS



Guidance Notes

There are currently two kinds of Police checks available:

1       Police National Computer Checks
        This check will indicate any convictions that the named adult has received and can
        be accessed through any Police station by the adult concerned.

2       Criminal Records Bureau Check

        This check covers three different areas of information:

(i)     a criminal record check;

        This will indicate any convictions for offences for the named adult (as above);

(ii)    criminal intelligence check;

        This check interrogates any wider intelligence that the Police hold on the adult, for
        example, drug/alcohol misuse, mental health/domestic violence issues that have
        come to the notice of the Police.

(iii)   general registry check:

        This check indicates any criminal investigation that has been undertaken in relation
        to the named adult that has not resulted in a prosecution. The lack of prosecution
        may be for a number of reasons, for example, the investigation may not have been
        presented to court for prosecution because of the lack of corroborative medical
        evidence. This is not unusual in sexual abuse situations where there has been no
        physical injury as a result of the abuse. This area of intelligence is therefore
        particularly important in relation to the safety of children. Social Services and the
        Police are also aware of a high number of child abuse investigations which are not
        presented to the court for prosecution as the child/young person is not willing or
        able to give evidence in court against the alleged perpetrator. This does not mean
        that the alleged abuse has not taken place. This check also highlights any

MAY 2009 – E3058                                                                          44
      intelligence about patterns of behaviour in relation to the named adult, for example,
      whether there is any grooming behaviour or whether certain age or gender would
      seem to have been targeted.


3     Tower Hamlets’ expectations in relation to Independent and Community
      Organisations

      We cannot rely on Police check 1 (the Police National Computer Check) to provide
      us with the necessary information to be confident about the safety of an adult
      applying to work with children in Tower Hamlets.

      It is therefore Tower Hamlets’ Social Services’ position that Police Check No
      2 (the Enhanced Criminal Record Check) is essential for all adults working
      with children. It is important that this check is carried out whether or not the adult
      is likely to be left alone with the supervision of children. We know from experience
      that sexual abusers will work to gain the trust of other adults and parents in order
      to gain access to vulnerable children, grooming the family to trust them as well as
      the child. Abusers are also opportunistic and would take advantage of an
      emergency/untoward situation where, for example, the parent or colleague
      supervisor is not around even for a short time.

      Not all convictions or allegations are relevant to a decision concerning an adult‟s
      suitability to work with children. The significant information is that which involves
      offences against children and any other information which would undermine your
      confidence in their ability to safely have responsibility for children‟s welfare.

3.1   How to access a Police check for a worker

      The Enhanced Police Check can be obtained from the Criminal Records Bureau
      via a nominated agency. In order to become a designated agency a registration fee
      of £300 and a designated signatory is required. Tower Hamlets Education
      Department is a nominated agency and has currently agreed to carry out checks
      on behalf of Tower Hamlets Independent and Community Organisations. The
      Police checks for volunteers working in community agencies are free. There is a
      charge of £15, however, for a check on any paid member of staff. This reflects the
      Criminal Records Bureau‟s own charging system plus a small administrative
      charge by the Education Department. Carole Lacome is the contact person for the
      Police     checks.    Carole    is  contactable    on   020     7364    4615    or
      carole.lacombe@towerhamlets.gov.uk. She can provide the relevant forms and a
      guidance leaflet. The processing of Police check requests by the Criminal Records
      Bureau is currently taking several months. This will need to be taken into account
      in relation to any recruitment.




MAY 2009 – E3058                                                                         45
     Advice on Safeguarding Issues

     If you have any queries or concerns about child protection issues in relation to your
     agency please contact the Group Manager for Child Protection and Reviewing
     Service on 020 7364 3496 who will be able to assist.
     Providers are required to work under the procedures set out in the London Child
     Protection Procedures produced by the London         Safeguarding      Children‟s
             rd
     Board 3 Edition 2007.
     The role of voluntary agencies or community groups is set out in page       528
     Appendix 3 (please find a copy attached).
     Safeguarding training is accessible, commissioned by the Local       Safeguarding
     Children‟s Board.


4    Guidance on preventing abuse of children when running community events
     funded by Tower Hamlets council

     We know that there are adults who target children or vulnerable adults in order to
     harm and exploit them. One of the ways they are able to do this is by involving
     themselves in supervised activities for children and young people.

     The council is committed to ensuring that children under 18 and vulnerable adults
     are protected from abuse. It is a condition of any funding that Tower Hamlets
     Council provides to third sector organisations, or responsible persons that organize
     events, that care is taken to ensure vulnerable people are properly protected.

     This guidance applies only to those activities that are not required to be registered
     by one of the Regulatory Authorities, such as one off events and activities. It is
     intended as a guide to action and is recommended as the starting point for anyone
     responsible for organising an event and aiming to prevent abuse of children and
     vulnerable adults.

     There is no intention of being alarmist, and no intention of preventing children and
     vulnerable adults from enjoying themselves. The aim is to ask event organisers to
     take steps to ensure that, as far as possible, children and vulnerable adults will be
     safe when they participate in activities supervised by other people.

     The vast majority of people share the view that the welfare of children, young
     people and vulnerable adults is of paramount importance.

     Everyone who is concerned with the welfare of children and vulnerable adults will
     therefore want to ensure that the activities being offered are appropriate for the
     age and ability of the participants, the venue is safe and that the people running
     the activity do so in the best interests of children and vulnerable adults.

     In planning an event, the organisers are advised to consider and inform those
     volunteer adults who may be running activities with children and vulnerable adults
     that safe practices need to be followed.


MAY 2009 – E3058                                                                       46
          This advice applies to those volunteer adults assisting activities at the event who
          do not have a relationship with the children or vulnerable adults attending. At many
          of these events children or vulnerable adults will be accompanied by their parent or
          carer who has the responsibility for them.


4.1       Safe Practices in Working with Children and Vulnerable Adults

          Where possible, volunteer adults should avoid:

                    •spending excessive amounts of time with children and vulnerable adults
                    away from others.
                    • having sessions alone with one individual.
                    • taking children or a vulnerable adult to the volunteer adult‟s home.
                    • taking children or vulnerable adult alone in the volunteer adult‟s car.

          Volunteer Adults should not:

                   use any form of corporal punishment or physical force on a child or
                    vulnerable adult, except in extreme situations where a failure to defend
                    oneself could lead to serious injuries
                   engage in rough physical games, sexually provocative games or allow or
                    engage in inappropriate touching of any kind
                   make sexually suggestive comments about, or to, a child or vulnerable
                    adult.
                   undertake any form of therapy with children or vulnerable adult.
                   exert undue influence over a child or vulnerable adult in order to obtain
                    personal benefit or reward
                   touch any area of a child‟s or vulnerable adult‟s body which they make
                    apparent they do not like, although there may be situations where an
                    adult has to take hold of a child‟s or vulnerable adult‟s hand in order to
                    ensure they safely cross a road

      We would recommend that:

         If a volunteer adult changes a child‟s or vulnerable adult‟s soiled pants this should
          be done in the company of another adult. It should be brought to the attention of
          the parent or carer who collects the individual at the end of the event that this has
          taken place.
         Where a child or vulnerable adult needs to be accompanied to the toilet this should
          be done, where practically possible, by an adult of the same gender.
         When taking children or vulnerable adults swimming it is recommended that no
          worker accompanies an individual into a changing cubicle It is recommended that
          the children or vulnerable adults get changed in a cubicle, unless the swimming
          pool has a communal changing facility as standard
         Parents/carers should be notified, by the organiser, of any injuries/illness which
          their children or vulnerable adults sustain while participating in an activity.




MAY 2009 – E3058                                                                            47
                                                                          APPENDIX A-2

                        SERVICE AGREEMENT BETWEEN
                     LONDON BOROUGH OF TOWER HAMLETS

                                           AND

                         Careers Enterprise (Futures) Limited

            CRB AND INDEPENDENT SAFEGUARDING AUTHORITY (ISA)

CRB

1.    I, the Service Provider‟s representative confirm the following:

      All staff, agents and volunteers who work with (or may have the opportunity to work
      with) people under 18 or vulnerable adults, or who have access to records about
      people under 18 and vulnerable adults:

         have applied for and received an Enhanced Disclosure from the Criminal
          Records Bureau;

         have provided two suitable references;

         have confirmed their identity (for example, with their passport or other
          photographic proof);

         have proved that they have any necessary qualifications; and

         are suitable to work with children and vulnerable adults and are not included on
          any of the lists shown in the CRB Enhanced Disclosure.

2.    If any of the checks have not been satisfactorily carried out, we will make sure that
      existing staff, agents and volunteers do not have regular and unsupervised contact
      with people under 18 or vulnerable adults, or have access to records about them.

3.    When recruiting new staff, agents or volunteers, I shall apply for an Enhanced
      Disclosure check from the Criminal Records Bureau before offering anyone a job.

4.    I attach copies of all the Enhanced Disclosures for you to inspect and I have
      obtained the consent of every relevant person to disclosure of these to you for
      monitoring purposes.

5.    Independent Safeguarding Authority

5.1   The independent Safeguarding Authority (ISA) is a body that has recently been set
      up to take over the checking of staff or volunteers who work with children and
      vulnerable people. Employers who work with children and vulnerable adults must
      apply for ISA registration for all new job applicants and must not employ them until
      they are registered. The dates for the registration process are indicated below.



MAY 2009 – E3058                                                                        48
         From October 2009:

               New job applicants shall apply.
               Employers and voluntary organisations working with children and vulnerable
                adults shall not recruit workers who are not ISA-registered.

         From 2010 (Dates to be announced):

               Existing employees and volunteers with no CRB check shall apply for ISA
                registration.
               Existing employees and volunteers with CRB checks shall also need to
                apply for ISA registration, starting with staff whose CRB checks are the
                oldest.

         For further details on the ISA and to apply for registration, see www.isa-
         gov.org.uk


5.2      The Service Provider shall provide the Council with written evidence of ISA
         registration of all new employees, agents and volunteers prior to their employment.
         It shall also provide written evidence of registration of current staff once they are
         registered.


      I fully understand this statement and have received independent advice on any
      clauses I did not understand. I agree to abide by the regulations of the ISA and shall
      ensure that all employees, agents and volunteers are registered in line with ISA
      registration requirements and that written evidence of registration shall be provided to
      the Council promptly.




 The service provider:

 Your name (please print):

 Your signature:

 Date:
 Your position in the
 organisation:




MAY 2009 – E3058                                                                           49
                                                                              APPENDIX B


                        SERVICE AGREEMENT BETWEEN
                     LONDON BOROUGH OF TOWER HAMLETS

                                           AND

                         Careers Enterprise (Futures) Limited

                                QUALITY ASSURANCE



1.    It shall be the primary and continuing policy and practice of the Service Provider
      that in the conduct of all its activities it will strive to maintain a high standard of
      service consistent with the needs, fitness of purpose and cost effective use of
      resources. For the purpose of this Agreement, the Service Provider will be working
      towards achieving a high quality of service by ensuring the following: -

(a)   employing and retaining high calibre staff;

(b)   training and developing staff;

(c)   providing professional supervision and guidance to staff on a regular basis by a
      Senior Manager;

(d)   utilising appropriate procedures and methods; and

(e)   providing access to advice, information and other resources in order to enable the
      staff to deliver the services efficiently.

2.    The following indicators shall be used in order to assess the quality of service.

(a)   staff competence - annual staff appraisal will be carried out by the Service
      Provider;

(b)   response time - time between receiving referral and initial contact with family; time
      between agreement for delivery of service and commencement of service. The
      Service Provider will monitor timescales and provide data in quarterly reports to the
      Council.

(c)   staff development - range and appropriateness of training programme offered by
      the Service Provider to staff, particularly Care Workers and volunteers, and the
      level of ongoing support received by staff;

(d)   sensitivity and appropriateness - the Service Provider‟s ability to design services
      for users, which fully reflect their needs, and to provide a range of appropriate
      services to address individual needs and interests;

(e)   User involvement - the extent of users, parent/carer involvement in service
      planning, review and decision making process;

MAY 2009 – E3058                                                                          50
(f)   User satisfaction - information relating to users, Parents/Carers perception of the
      services provided will be gathered by questionnaire, survey, interviews or any
      other appropriate means, and evaluated by the Service Provider. The Council may
      wish to interview users/carers and in such circumstances the Service Provider will
      assist the Council in organising such interviews;

(h)   Equal opportunities - take up of service by children from minority ethnic
      communities;

(I)   Cancellation - number of appointments and sessions cancelled by the Service
      Provider;

(j)   Complaints - number of complaints received and number of complaints resolved
      to the reasonable satisfaction of the complainants;

(k)   Loss of working hours - due to staff sickness, authorised (excepting annual
      leave) and unauthorised leave.

(l)   Waiting lists- will be reviewed at the quarterly Service Level Agreement
      monitoring meetings involving project managers and Social Services staff.

(m)   Outcomes – An evaluation of the outcomes from each piece of work undertaken
      by the Service Provider will be completed.




MAY 2009 – E3058                                                                      51
                                                            APPENDIX C


                      SERVICE AGREEMENT BETWEEN
                   LONDON BOROUGH OF TOWER HAMLETS

                                    AND

                     Careers Enterprise (Futures) Limited

          PROCEDURE FOR REPRESENTATIONS AND COMPLAINTS
                 (Paragraph 11.1. of Agreement Refers)




MAY 2009 – E3058                                                         52
                                                            APPENDIX D


                      SERVICE AGREEMENT BETWEEN
                   LONDON BOROUGH OF TOWER HAMLETS

                                    AND

                     Careers Enterprise (Futures) Limited

                      EQUAL OPPORTUNITIES POLICY
                    (Paragraph 12.1. of Agreement Refers)




MAY 2009 – E3058                                                         53
                                                                             APPENDIX E


                        SERVICE AGREEMENT BETWEEN
                     LONDON BOROUGH OF TOWER HAMLETS

                                           AND

                         Careers Enterprise (Futures) Limited

                      MONITORING AND REVIEW PROCEDURES


1. General Principles

The service provider will undertake regular monitoring and review of its service and will
prepare regular reports for monitoring and review meetings. The service provider will
ensure that the necessary administrative and record-keeping systems are maintained so
as to enable effective monitoring, review, planning and evaluation to take place.

2. Monitoring Requirements

Information required for monitoring purposes will be recorded in an agreed format and will
be provided to the council at quarterly intervals. Each quarterly report will refer to the
service specification outlined in Appendix A and should include the following:

   Referrals
   Referral Sources
   Service users (Adults; Children- their ages)
   Names and numbers using each service
   Ethnicity of Service Users
   Allocated individual work
   Attendance
   Usage by service offered
   Outcomes including user satisfaction and post service follow up
   Spend against established budget
   Details of any complaints and actions taken.
   Any other information you wish to include which highlight the activities and
    achievements of the project.
   Staff turnover and absenteeism, reason for cancellations
   Waiting list

3. Evaluation Requirements

An annual evaluation of the service provision must be carried out and provided to the
Council within one month of the end of the financial year – the format of the evaluation to
be agreed with the council‟s nominated officer but must include the following areas:

      (a) The purpose, aim and intended outcome of the service
      (b) Indicators that outcomes have been achieved.
      (c) Details of user involvement and user satisfaction.

MAY 2009 – E3058                                                                        54
Information relating to user participation of the service provided for evaluation by the
service provider may be gathered by questionnaire, survey, or any other appropriate
means. The council may also wish to interview ex-users of the service for their views, and
the Service Provider will assist the Council in organising such interviews with the consent
of ex-users.

4. Monitoring and Annual Review Visits

This agreement will be subject to bi-monthly meetings with council officers. The project
will be monitored and supported by a representative of the Council and the Service
Provider.

Designated council officers for monitoring purposes will visit the Service provider at least
once a year. Subject at all times to clause 18 of this Agreement the Service Provider will
make available all relevant documentation, books, information, flies, etc. to the officer in
order to enable the task to be carried out effectively. Reasonable notice of the visit will be
given (normally at least 14 days) and of any documents, books, information, files, etc.
they may wish to inspect. Following the monitoring visit, the designated officer will write to
the Service Provider detailing any areas of concern arising out of the visit and further
action required by the Service Provider. An Annual Review Meeting will be held each
March to consider the annual report of the service provider, to evaluate the work and set
future plans and targets.




MAY 2009 – E3058                                                                           55
                                                             APPENDIX F


                        SERVICE AGREEMENT BETWEEN
                     LONDON BOROUGH OF TOWER HAMLETS

                                           AND

                         Careers Enterprise (Futures) Limited

                             TOWER HAMLETS COMPACT



1     What is working together?
1.1   The Tower Hamlets compact is called working together
This compact sets out how organisations in Tower Hamlets want to work together. The
aim is to achieve more for local people. Its value comes from the commitment of
organisations that sign up to it and the clear procedure for resolving disagreements. The
compact is a statement of principles and undertakings that organisations agree to. Any
organisation that does not meet these commitments can be held to account. There is a
national compact between the government and the third sector. Tower Hamlets‟ compact
recognises that good working relations are vital if local people are to have the highest
quality services and representation.
1.2   The third sector
The term third sector is used as in this document as a short hand term for independent
voluntary or community groups which are often registered charities. It includes faith
organisations with an involvement in community work. Organisations that only make
profits to support growth, such as social enterprises and co-operatives, may also be
considered part of the third sector. Third sector organisations generally have a clearly
stated purpose that is relevant to local people and includes a community development
role.
1.3   The statutory sector
This generally means organisations created through acts of parliament. Law determines
what they do. The first statutory sector organisations to adopt the compact in Tower
Hamlets are the council, health, and police services. These will actively encourage other
organisations operating in Tower Hamlets to adopt the compact.
1.4   working together and Tower Hamlets Partnership
Tower Hamlets Partnership (THP) brings together a range of key stakeholders from the
private, statutory and third sector. There are three strands to our partnership: local area
partnerships, community plan action groups and a partnership management group. THP
develops and agrees a joint strategy and priorities that are published annually in the
community plan. At the heart of the community plan – and this compact – is a
commitment to excellent services. The compact recognises that partnership working, in its
many forms, helps to improve people‟s quality of life. Tower Hamlets has high levels of
economic and social deprivation. Our partnership aims to ensure all services respond to,
and meet the needs of, the diverse communities that live and work in our borough.

MAY 2009 – E3058                                                                        56
2      Shared vision
The shared vision for Tower Hamlets is drawn from our community plan: “ To improve the
quality of life for everyone living and working in the borough“ This compact recognises the
distinct, but often shared roles of third sector and statutory organisations in delivering this
vision.
2.1    Shared principles
These are the shared principles we have agreed:
       (a)    Mutual respect
       The commitment and contribution of volunteers is a vital part of Tower Hamlets
       communities. Compact partners have a duty to promote equalities, eliminate
       discrimination and promote good relations between communities. Each sector has
       its own set of responsibilities and duties. Each organisation is distinct and all
       compact partners must respect and value this.
       (b)    Quality services
       Organisations have different, but often complementary roles. All compact partners
       want to provide the highest quality services for their users. Developing and
       improving services together builds stronger relationships, cross-border learning
       and services that are more likely to meet people‟s needs. Compact partners will
       promote effective working relationships within the Tower Hamlets Partnership.
       (c)    Independence
       An independent and diverse third sector is essential to the well being of Tower
       Hamlets communities. Strong and lasting relationships are built on integrity,
       accountability, openness and trust. One of the third sector‟s main roles is to
       campaign and challenge policy – within the law and using the appropriate
       channels. Statutory organisations have a primary duty to individuals and
       communities.


3      Accountability
Organisations are accountable for their actions and the services they provide to different
stakeholders. This compact will be independently evaluated. The statutory sector funds
some third sector organisations and has a duty to ensure that public money is spent
appropriately. Each organisation will have a complaint procedure that is easy to
understand and effective.
3.1    Joint working
Organisations can achieve more for local people by working together in partnership.
Organisations should train and develop workers to increase their capacity for joint
working. Any opportunity for joint training sessions should be explored. When an
organisation is unable to meet any undertaking in this compact, they will explain why.
Compact partners will acknowledge each organisations contribution. Organisations will
apply risk management principles to joint working arrangements.


4      Statutory sector undertakings
Statutory sector organisations agree:
4.1    Independence

MAY 2009 – E3058                                                                            57
         To recognise the rights of third sector organisations to decide their own affairs.
         To respect third sector organisations campaigning role - regardless of any funding
          relationship.
4.2       Funding
         To be clear, consistent and give fair access to funding opportunities.
         To consider the financial and risk constraints that can be significant within formal
          agreements.
         To make each funding process as simple as possible. Publish clear criteria,
          procedures, timescales and reasons for any decisions taken.
         To use clear and consistent monitoring arrangements. These monitoring
          arrangements should be appropriate, relevant, streamlined and easy to use.
         To move to more stable and longer term funding relationships, where appropriate,
          to assist local organisations with their planning, capacity building and stability.
         To consult in good time on any significant changes to funding arrangements.
         To pay funding promptly.
         To ensure that the costs of providing a service, under contract or service
          agreement, reflect an understanding of the full cost of delivery, including any
          relevant part of the overhead costs.
         To provide strategic funding that supports the skills, knowledge, structures and
          resources of the third sector.
         To confirm funding amounts three months before the start of projects, if possible.
5         Policy development and consultation
         To involve the third sector, at an early stage, in the design and planning of
          services.
          To integrate the compact in core planning, performance review and independent
          inspection arrangements.
5.1
          To abide by the standards in the code of practice for consultation and involvement
          including making clear the purpose of each consultation; giving reasonable
          timescales for responses; and providing feedback on the outcomes.
         To respect the confidentiality of information provided by the third sector, within the
          constraints of the law and the proper performance of public duties.
         To develop an approach for assessing the impact of new policies and procedures
          to identify potential implications for the third sector.


5.2       Communication
         To listen, respond and keep channels of communication, such as outreach work,
          open. This should include communicating with smaller groups supporting excluded
          communities.
         To promote good working relations, consistency of approach and good practice,
          particularly where this relates to cross-agency work with the third sector.
MAY 2009 – E3058                                                                               58
         To contribute to the annual review of the compact‟s operation.
         To promote the adoption of the compact by other statutory organisations operating
          in Tower Hamlets.
         To promote and raise awareness of the compact within Tower Hamlets
          Partnership.
         To share and explain the government and locally set targets that influence the
          service priorities for the statutory sector.
         To nominate a third sector compact „champion‟ in each statutory sector
          organisation. The champion will act as the point of contact for third sector
          organisations.
         To provide appropriate and timely feedback on the performance of third sector
          organisations.


6         Third sector undertakings
Third sector organisations agree:
6.1       Governance
         To maintain high standards of governance.
         To meet reporting and accountability obligations to funders and services users.
         To maintain high standards of financial management including observing the
          accounting frameworks for charities and limited companies.
6.2       Representation
         To be clear and open about which part of the community each organisation is
          asked to speak for or is making representation about.
         To make arrangements to consult effectively with service users or the communities
          that the group represents.
         To respect the confidentiality of statutory sector information, within the constraints
          of the law.
6.3       Service delivery
     To deliver excellent services, for local people, designed to meet their individual needs.
         To implement relevant performance and quality assurance standards.
         To record outputs and outcomes effectively and transparently.
6.4       Communication
         To provide feedback from service users to statutory sector organisations.
         To involve local users, wherever possible, in the development and management of
          activities and services.
         To contribute to the annual review of the compact.
         To attend forums and networks in order to contribute to the operation and
          development of the sector as a whole.
         To raise statutory sector awareness of the work of the third sector, the knowledge
          and expertise within it, and the third sector‟s knowledge of the local community.
MAY 2009 – E3058                                                                             59
7     Resolving disagreements
Even in the best relationships, partners will disagree from time to time. Developing
mutually acceptable solutions can improve understanding and help build stronger
relations. It is important that there is an effective way to resolve disagreements about the
use of this compact. This compact is a tool for improving relationships between
organisations. By committing to this compact organisations agree to firstly try and resolve
disagreements using the relevant complaint procedure. Every organisation that signs up
to this compact will appoint a Compact Champion who will act as a first point of contact
and help you access the relevant complaint procedure.
If there are occasions where a disagreement remains unresolved, use will be made of a
mediator or mediation service. Any mediator will be recognised by the compact board and
trained to an appropriate standard. Voluntary and community sector infrastructure or
umbrella bodies may be called upon to assist resolution before considering formal
mediation.
The National Council for Voluntary Organisations has produced a Compact Advocacy
Toolkit. This is designed for third sector organisations that have a complaint about the
way local or national Government has treated their organisation. The toolkit is available at
www.ncvo-vol.org.uk/CompactToolkit
All disagreements will be confidentially reviewed, on an annual basis, to identify learning
opportunities and further action. The effectiveness of the complaint process will also be
reviewed on an annual basis.
7.1   Working together: the future
This is our first third sector compact for Tower Hamlets and a starting point rather than a
finished exercise. Tower Hamlets Partnership aims to improve the quality of life for
everyone living and working in the borough. This includes a commitment to take the
compact and develop its application and effectiveness. Our compact sets out general
principles and undertakings. More detailed and specific issues will be addressed in
detailed codes of good practice.
These will be developed jointly as part of Tower Hamlets Partnership‟s ongoing
commitment to the third sector strategy. The consultation process to date has indicated
local third sector organisations want to see specific codes of practice being developed to
cover the following subjects: funding, black and minority ethnic organisations, excluded
communities and community cohesion, community groups, faith groups, volunteering and
voluntary action. In addition local organisations have suggested the following subjects for
consideration: women‟s groups, promoting user centered services, marketing support and
providing advice. As part of the process of developing the compact, there will be an
annual meeting of the compact board, which will include representatives of both sectors.
The compact board will review the operation of the compact, its development and the
effectiveness of the complaint process. The report and action plan from that meeting will
be published.


8     Compact glossary
Capacity building – ensuring that individuals, groups and communities have access to
the knowledge, skills and resources they need to take action or work efficiently and
effectively.


MAY 2009 – E3058                                                                         60
Community group – an informal group or more formal organisation of people.
Community groups are formed to pursue a common interest, meet a shared need, or
campaign for a common cause. Most are run entirely by volunteers, and will be run by
their members, or a committee elected from members. Community plan – the
community plan for Tower Hamlets is overseen by Tower Hamlets Partnership
Management Group and was launched in May 2001. It sets out a vision for the future of
Tower Hamlets to 2010. Progress towards that vision is reported annually with a list of
immediate priorities to be tackled in each following year.
Governance – this describes the way an organisation is managed, including its powers,
accountability and decision making processes. This is often set out in an organisation's
constitution or legal identity.
Infrastructure bodies – are organisations providing capacity building support to
voluntary and community organisations. They represent and provide a voice for the sector
in policy making. They also facilitate joint working across sectors.
Local strategic partnership (LSP) – Our LSP is the Tower Hamlets Partnership. It
brings together a range of key local stakeholders from the public, private, voluntary and
community sectors in order to develop a joint strategy and priorities.
Mediation – a way of resolving disagreements in which an impartial third party (the
mediator) helps people who disagree to find a mutually acceptable solution.
Quality assurance (QA) – Steps taken to make sure that an organisation‟s activities are
of sufficiently high quality.
Service agreements – a formal negotiated agreement detailing the essential elements of
the services to be provided and related payments.
Social enterprises – organisations with primarily social objectives. Surpluses are
reinvested to further their social objectives or in the community, rather than being
distributed as profit to shareholders and owners.
Stakeholders – people who have an interest in an organisation, its activities and its
achievements.
Umbrella body – an organisation that supports other organisations working in a particular
area or field.
Voluntary organisation – formal non-profit distributing and non-statutory organisation,
usually established as a charity, with the aim of providing a service or meeting a need of
benefit to the public. Voluntary organisations often have paid employees.




MAY 2009 – E3058                                                                       61
                                                             APPENDIX G


                   SERVICE AGREEMENT BETWEEN
                LONDON BOROUGH OF TOWER HAMLETS

                                     AND

                    Careers Enterprise (Futures) Limited

             Integrated Working and Commissioned Services


The Every Child Matters agenda requires all people working with children to
adopt a common approach to assessment and to develop integrated working
practices.

Organisations commissioned by Tower Hamlets are expected to ensure that:

     Front line staff working with children, young people or families are
      trained in the Tower Hamlets approach to the Common Assessment
      Framework (CAF), Team Around the Child and Lead Professional work
      and appropriate information sharing practice.
     Front line staff working with adults, who may become aware of
      vulnerable children in the course of their work, should be briefed in the
      CAF and at least one person in the organisation should know how to
      complete a CAF should the need arise.

(The Local Authority provides free courses to the voluntary and third sector to
support this).

In addition all organisations providing support to individual children and young
people are expected to:

     use the Tower Hamlets CAF form instead of any other referral form.
      They will provide guidance to referrers on what referral information they
      require and how this can be recorded on the CAF form.
     use the Tower Hamlets CAF form for assessment and planning
      purposes, adding to or updating any pre-existing CAF or if necessary
      undertaking a new one where a child has additional needs that are not
      yet being met
     use the Tower Hamlets CAF review form for recording progress and
      review purposes.
     be prepared to work in a Team Around the Child where the child/young
      person has multi-agency needs and, if nominated by the Team, to take
      the Lead Practitioner role, co-ordinating the work of the team and being
      the first point of contact with the family.
     ensure that CAF forms and reviews are logged centrally with the Tower
      Hamlets CAF Co-ordinator in a timely fashion

The exception to the use of the CAF would be where a specialist statutory
assessment has already been completed (Social Care Core Assessment, YOT
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Asset assessment or Statement of Special Educational Need). In such cases
these assessments may be used for referral purposes and statutory paperwork
should be used for recording progress and review purposes.)

Tower Hamlets guidance, forms and information about integrated working and
CAF can be found by pressing the Every Child Matters button on the website
www.tower-hamlets.lgfl.net

To access training courses please contact ecm.training@towerhamlets.gov.uk

To contact the CAF administrator phone 020 7364 3461 or email
thischild@towerhamlets.gov.uk


Directions to the CAF guide:
Go to www.tower-hamlets.lgfl.net
Click Every Child Matters tab and follow the links
(Select CAF from left menu
On Common Assessment Framework page click Documents
On CAF folder page click CAF information
On CAF information folder page scroll down list to Using the CAF in Tower
Hamlets - A guide for Practitioners.pdf)


Directions to the TAC / LP protocol
Go to www.tower-hamlets.lgfl.net
Click Every Child Matters tab and follow the links
(Select Team Around the Child and lead professional from left menu
On Folder:teamaround page click Protocol on Team around the child and the
role of the lead professional.pdf)




MAY 2009 – E3058                                                            63
                                                             APPENDIX H

                   SERVICE AGREEMENT BETWEEN
                LONDON BOROUGH OF TOWER HAMLETS

                                     AND

                    (Careers Enterprise (Futures) Limited

                 Data Handling requirements for Suppliers


Suppliers must have the following processes in place to manage information
risk:-

      An information risk policy must exist, setting out how measures are
       implemented and how compliance and effectiveness of the policy is
       monitored.

      A risk assessment of the confidentiality, integrity and availability of
       information must be carried out at least quarterly

      Information which is designated to be protected i.e. has a PROTECT
       designator in particular, PROTECT – PERSONAL DATA (as defined at
       Annex A) or higher and which is held on paper must be locked away
       when not in use, or the premises on which it is held must be secured.

      In all cases remote computers should be password protected, configured
       so that functionality is minimised to its intended business use only, and
       have up to date software patches and anti-virus software.

      All material that has been used for protected data should be subject to
       controlled disposal.

      No unencrypted laptops or drives or removable electronic media
       containing personal data should be taken outside secured office
       premises

      No transferring of any protected personal data from home Office or
       Home Office approved systems to third party owned laptops, PCs, USB
       keys, external drives and any other removable electronic media is
       permitted.

If working on Home Office Group contacts and you are not already complying
with this requirement, please take this as notice that the Home Office requires
you to do so immediately.


MAY 2009 – E3058                                                             64
This includes:-

       No unencrypted laptops or drives or any other removable electronic
        media containing protected personal data being removed from secured
        premises until future notice.
       Where such laptops or drives or any other removable electronic media
        containing protected personal data are currently outside secured
        premises, to make arrangement for them to be returned to secure
        premises within 24 hours.
       Laptops and drives or any other removable electronic media containing
        protected personal data to be held in locked cabinets or drawers when
        not in use.

Where it is specified in Home Office contracts, the Home Office shall be entitled
at any time and without notice to the Supplier, to carry out tests as it may deem
necessary to ensure compliance with these criteria, including auditing internal
security policy & procedures and interviewing staff engaged on Home Office
work.




MAY 2009 – E3058                                                              65
MAY 2009 – E3058   66

								
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