This document represents the agreement between NHS Authority of X and Inclusion Glasgow of Y for the delivery of a Support Service to John Smith and Peter Smith.
This agreement was made on 11 October 1996 and takes effect from 14 October 1996.
1PARTIES TO THE AGREEMENT
The parties to this agreement are:
NHS Organisation of Main Road, Anytown
Inclusion Glasgow of High Road, Anytown
For NHS Authority this contract will be managed by any officer whom they appoint and notify to Inclusion Glasgow.
For Inclusion Glasgow this contract will be monitored by Simon Duffy.
This contract is a legal document which allows for the transfer of resources for the provisions of services. This contract describes the services to be delivered and to whom, and how the resources will be transfered.
NHS Authority is contracting with Inclusion Glasgow as part of its aim to work in partnership with the City of Glasgow. Inclusion Glasgow will also contract with the City of Glasgow regarding the City of Glasgow’s obligations in this matter.
2STATEMENT OF SHARED VALUES
This statement states the values which will underpin the service delivered by Inclusion Glasgow.
ADIGNITY AND RESPECT
People with learning difficulties have a right to be treated with respect and dignity. They have a right to support based on their individual preferences and the right of refusal and complaint through self-advocacy.
BPRESENCE
People with learning difficulties are part of the community and must not be separated from it. They will have access to shops, leisure and recreation, housing, education, health services, employment and all the opportunities the community affords.
CPARTICIPATION
People with learning difficulties must be able to develop a full range of personal relationships. They will be involved with others as friends, relatives, colleagues, consumers and citizens.
DCHOICE
People with learning difficulties have a right to make choices and decisions about their daily lives and activities, and to be supported in making choices information and advice.
ECOMPETENCE
People with learning difficulties have a right to develop, to increase their skills and experiences throughout their lives and in all community settings.
3CLIENT
This contract covers the Support Service provided to John Smith and Peter Smith while they are provided with a Support Service and while they live in their family home.
4INDIVIDUAL PLANNING
Inclusion Glasgow will develop the service to John Smith and Peter Smith in close consultation with them, their family, others that work with John Smith and Peter Smith and any representatives of NHS Authority that are nominated.
There will be an individual contract which will set out in more detail the main features of the service to be delivered to John Smith and Peter Smith. NHS Authority and the City of Glasgow will have access to that contract.
5DISCRIMINATION
Inclusion Glasgow and NHS Authority will not, either through direct or indirect action, give less favourable treatment or apply an unjust requirement because of a person’s age, disability, ethnic origin or religious belief, gender, martial status or being a lesbian or a gay man.
6SERVICE TO BE PROVIDED BY INCLUSION GLASGOW
The service to be provided to John Smith and Peter Smith will consist of the following elements:
(i)Access to support 24 hours a day, 7 days a week from a variety of sources including paid staff and family
(ii)A planned support service to engage in activities during the day, at evenings and at the weekends
(iii)Regular opportunities for family-based respite
(iv)Support to go on holiday
The service will aim to be flexible with decision-making clearly delegated. It is unlikely that one configuration of service will remain stable for a long period and there will need to be regular opportunities for planning and reflection.
Inclusion Glasgow will be free to sub-contract services in order to make the best use of available resources and maximise the opportunities available to John Smith and Peter Smith. Details of all sub-contracting arrangements will be available to NHS Authority.
Inclusion Glasgow will ensure that John Smith and Peter Smith and their parents Stephen and Christine will be able to live together as a family in a home which will meet their complex health and social care needs. The Housing presently identified to meet those needs is 12 My Street, Anytown.
7SERVICES TO BE PROVIDED BY NHS AUTHORITY
NHS Authority will ensure that appropriate health care is provided for John Smith and Peter Smith.
NHS Authority will nominate an appropriate doctor to oversee the medical condition of John Smith and Peter Smith. At this time that doctor is Dr Ann Black.
NHS Authority will nominate an appropriate nurse or other professional worker to give on-going advice, support and monitoring to John Smith and Peter Smith and their family. At this time that nurse is Michael Brown.
The delivery of services by the agents of NHS Authority will be at the discretion of NHS Authority. However they will always be responsible for ensuring that health care is delivered and for ensuring that John Smith and Peter Smith and their family are given clear explanations of what services can be delivered, by who, within what timescale.
8PRICE
NHS Authority will fund Inclusion Glasgow £60,000 in respect of implementation costs for the delivery of the Support Service.
The payment in respect of implementation costs will enable Inclusion Glasgow to make arrangements with John Smith and Peter Smith and their parents Stephen Smith and Christine Smith for John Smith and Peter Smith to live in a family home with a package of support which will meet their complex health and social care needs.
NHS Authority will fund Inclusion Glasgow £40,000 for the year 1997/98 in respect of a support service for John Smith and Peter Smith.
9POLICIES AND PROCEDURES
Inclusion Glasgow will have policies and procedures for their staff to work to. They will include day to day practice, statutory requirements and employment procedures. The following policies and procedures will be essential:
(i)Equal Opportunities in access to services provided.
(ii)Complaints by people using the service, relatives, advocates, and others.
(iii)Finances of people using the service.
The complaints policy must make it clear that any person whose support is funded by NHS Authority or any one who knows that person will have a right to complain to NHS Authority about the service provided, though all complaints must first be taken up with Inclusion Glasgow. The complaints policy must also state that NHS Authority will be informed of all complaints received by Inclusion Glasgow
10DURATION
The full contract year will start on the 1 April each year. The contract will run continually subject to the annual review (16) and the provisions of the termination clause (18).
11MONITORING SERVICE PROVISION
NHS Authority will monitor the success of the Service to John Smith and Peter Smith . Inclusion Glasgow will not unreasonably withold any information that NHS Authority might ask for. NHS Authority are free to appoint any person or body to monitor the success of the Service in partnership with them or on their behalf.
12CHANGING THE CONTRACT
Either of the parties may seek to have this contract varied. If agreement is reached then a new contract will be drawn up for the remaining period.
If agreement is not reached then arbitration will be used with the decision binding on both parties.
13INSURANCES
Inclusion Glasgow will maintain sufficient insurance in respect of its employees, users of the service and members of the public.
In particular Inclusion Glasgow will have Public Liability Insurance with a minimum cover of 1 million pounds and Employer Liability Insurance with a minimum cover of 1 million pounds.
14PAYMENTS
The first contract payment for accommodation of £60,000 will be made on the date of the agreement and upon receipt of an invoice.
NHS Authority will pay Inclusion Glasgow quarterly in advance; that is one quarter of the annual sum at the beginning of the quarter, upon receipt of an invoice.
15ACCOUNTS
The financial year for the purposes of this contract is from 1 April to 31 March.
Inclusion Glasgow will permit their financial records to be inspected by NHS Authority at reasonable times and with 7 days notice.
By the 30th of September of the following year Inclusion Glasgow will give NHS Authority an income and expenditure account and balance sheet for the preceding year, audited by an independent auditor who is qualified to audit the accounts of a private limited company. Inclusion Glasgow’s accounts will fulfill this requirement.
16ANNUAL REVIEW
Inclusion Glasgow and NHS Authority will review The services received by John Smith and Peter Smith and their funding in January of each year for the following year beginning in April.
The review will take account of inflation and changes in need. There is no presumption that the cost of funding will increase and it will be an objective of Inclusion Glasgow to attempt to reduce the level of funding required.
17ARBITRATION
Any matter which has not been successfully dealt with by the complaints procedure or negotiation will require arbitration.
Arbitration may be sought by any organisation. The request to be made in writing and to be responded to in 5 days.
The procedure will be arbitration by a person(s) mutually agreed by all parties; if agreement is not reached within 14 days then by the president of the law society. The costs to be met as decided by the arbitrator.
18TERMINATION
The contract can be terminated by either party with three months notice in writing. A shorter notice period may be sought by either party and if necessary arbitrated on.
NHS Authority reserves the right to terminate the contract within twenty four hours, at the end of an investigation, where a client has been abused, i.e., physically, sexually, or emotionally, and Inclusion Glasgow agreed procedures have not been followed by Inclusion Glasgow’s managers.
The conditions relating to the implementation costs described above cannot be terminated by Inclusion Glasgow under any circumstances.
19OTHER CONDITIONS
This contract has been agreed in accordance with the NHS Authority’s Standard Conditions of Contract. Where these are relevant and not specifically excluded by any clause agreed within this contract then those conditions will be treated as conditions of this contract. Clauses 15.1, 16.1 and 27.1 are specifically amended by conditions stated above.
The Standard Conditions are enclosed as an appendix to this document.
20SIGNATURES
Signed on behalf of Inclusion Glasgow by Simon Duffy
Date:
and on behalf of NHS Authority by
Date:
Inclusion Glasgow & GGHB Contract: Support (Findlay)Page 1