The Inclusion Project Care Agreement Terms and Conditions with Customers
The Inclusion Project Limited Terms and Conditions are below for your reference. Your consent to these is given and you reconfirm agreement to them in The Inclusion Project Online Joining Form, and by you accepting your booking confirmation. Please read them through so that you are aware of our Terms and Conditions of Service Provision. They will be updated periodically and so please check them each time you confirm your booking with us.
The Inclusion Project Limited, Terms and Conditions Agreement with Account Holders
THE INCLUSION PROJECT
The Inclusion Project is a IPO Registered Trademark belonging to The Inclusion Project, and the trading name for The Inclusion Project Limited – Company Number: 10121567; and The Inclusion Project Franchising Limited – Company Number: 10709240; owned and operated by Simon Jackson-Turner. The Inclusion Project is a social based Project to provide support through activities that promote social interaction and an active lifestyle for post-16 Adults living with Learning Disabilities and/or Autism.
Simon Jackson-Turner operates as The Inclusion Project Limited and The Inclusion Project Franchising Limited and has individual Franchisees and Group Leaders that follow The Inclusion Project model. The Inclusion Project at/@ Home service, providing social care within Participants’ homes, is regulated by the Care Quality Commission. We always aim to reach, and indeed exceed, the requirements of the Health and Social Care Act 2008 (Regulated activities 2010) (Amended 2014). Our Care Quality Commission registration number is: 1-4606306855.
We aim to provide excellent care, and have a CQC rating of: Outstanding; our most recent CQC Inspection Report can be found here: https://www.cqc.org.uk/location/1-4606306855
We will do everything possible to respect your rights, particularly by observing the values of safety, care, privacy, dignity, independence, choice, civil rights, security and fulfilment.
We will offer care which reflects your expressed needs and preferences and, in particular: we will work with you, your family and any appropriate external social or health care professionals to carry out an assessment of your needs and preferences for care which we will record in a Care Plan; we will enable and support you to be involved in decisions about the planning; we will design services with a view to ensuring your wellbeing; we will make reasonable adjustments, where required, to meet your individual needs; we will assess the risks to your safety of receiving our service and do all that is reasonably practicable to mitigate such risks.
‘Account Holder’ – The individual responsible for Participants’ direct payments/PIP/personal budget/finances and to whom invoices for our services are sent.
‘Agreement’ - the signed agreement between us and you for the provision of the Services, comprised of these Terms, and any variations agreed with each booking confirmation.
‘Data Protection Legislation’ - (i) the Data Protection Act 1998 (up to and including 24
May 2018) and the General Data Protection Regulation ((EU) 2016/679, “GDPR”) (on
and from 25 May 2018) and any national implementing laws, regulations and
secondary legislation, as amended or updated from time to time, in the UK, unless and
until the GDPR is no longer directly applicable in the UK, and then (ii) any successor
legislation to the GDPR or the Data Protection Act 1998.
‘Group Leader’ – Adult Social Care Worker / Support Worker / Instructor / Carer / Franchisee / Contractor / Staff.
‘Participant’ – client/ service user / individual taking part in activities, within The Inclusion Project / you / your.
‘Provider’ – The Inclusion Project Limited whose registered office is at: Weltech Centre, Ridgeway, Welwyn Garden City, Hertfordshire, AL7 2AA and correspondence address at: Regus, 2 Falcon Gate, Welwyn Garden City, Hertfordshire, AL7 1TW us / we / our /
‘Representative’ - a person (such as a parent, guardian or account holder) who signs the Agreement on a Participant’s behalf, either at their request, as their agent, or under a power of attorney.
‘Session’ – One day (usually 7 hours) or evening (usually 4 hours) of activities within The Inclusion Project or subsidiaries.
“Services” – the social care services and social programmes that promote a healthy, social and active lifestyle for adults with learning disabilities and/or autism
This Agreement is made between (1) the Provider and (2) the Participant and/or the Account Holder and /or the person completing the Joining Form and signifying agreement to our Terms and Conditions
“The Participant”: the individual named and / or the “Account Holder”. “The Advocate”: the person named as a Participant’s Advocate / LA if completing the Joining Form and signifying agreement to our Terms and Conditions.
The Inclusion Project offers group-based sessions, meaning that there is a ratio of up to three Participants to one Group Leader, unless specified otherwise as requiring a one to one ratio, or other ratio requirements. The Inclusion Project at Home has a one to one staff to Participant ratio.
The Group Leaders operate under an agreement with The Inclusion Project as self employed contractors working to support / care for Participants of The Inclusion Project. They are personally and completely liable for any and all incidences that may occur when supporting / working with Participants.
When providing the Services and supporting Participants, the Group Leaders, as self-employed contractors are working as separate legal entities to the Provider and The Inclusion Project Franchising Limited and are covered by their own personal insurance policies.
The Group Leaders complete the Care Certificate within the first eight weeks of commencing work with The Inclusion Project. If a Participant or their parent, guardian, or Representative or an Account Holder wishes to view more background information on an individual Group Leader, then this information can be found on our web site and requested by emailing: firstname.lastname@example.org
In case of an emergency / incident, the Group Leader will support the Participant in the way instructed on the ‘Participant Information and Joining Form’ that has been filled out by the Participant Account Holder / Representative on joining The Inclusion Project. Unless instructed to do differently, in a medical emergency, or general emergency, the Group Leader will call an ambulance and contact the emergency contact people as specified on the ‘Participant Information and Joining Form’, which forms the basis of our Care Plan with Risk Assessments designed to be personalized, person-centred, self-controlled and updated / changed as need be.
Group Leaders have an enhanced DBS (Disclosure and Barring Service), checked annually; business insurance for their vehicle and carers’ insurance including public liability insurance for at least £5 million. They may further choose to have professional and business indemnity insurances.
WEEKS OF OPERATION
The Inclusion Project operates every week of the calendar year except for the fourth week in December. We offer a service 7 days a week both day and evening sessions.
If a session is cancelled by a Participant or Account Holder / Representative, the calendar day before the session is to begin (the session pick up time) then the Account Holder Participant or Representative will still be invoiced half rate of the cost of the planned session. If a session is cancelled by a Participant or Account Holder / Representative, on the same calendar day as the session is planned to take place, then the Participant or Representative or Account Holder will be invoiced for the full amount of the planned session. If the session is cancelled two calendar days in advance or more, then there will be no charge. These charges are put in place to ensure stability for Group Leaders and for The Inclusion Project to continue to be able to use the highest calibre of Group Leaders. In the unlikely event of a session being cancelled by the Group Leader, then no fees are charged by The Inclusion Project.
TERMINATION OF SERVICES
If a Participant or Account Holder or Representative no longer wishes to use the Services, then one full week’s notice must be given to the Inclusion Project.
The Inclusion Project may give notice of termination in the event that any of the following events occur:
The Participant / Account Holder / Representative fails to pay any sum payable under this Agreement on its due date (whether previously demanded or not).
The Participant / Account Holder / Representative commits any breach of the terms and conditions (whether explicit or implied) of this Agreement.
The Inclusion Project considers with confirmation by a health professional or social worker that the Participant requires a level or category of Service which cannot be provided by us then in any such event, and without prejudice to any other rights and remedies which the Provider may possess, the Provider shall be entitled to terminate this Agreement and, subject to any pre-existing liabilities of the Participant / Account Holder / Representative hereunder, neither party shall have any rights as against the other.
The Participant exhibits behaviour which the Group Leader and/or the Provider consider, with confirmation by a doctor or independent care worker, is persistently unsociable to such an extent that they seriously affect the well-being of staff working at The Inclusion Project, or to other Participants.
The Inclusion Project considers the Participant to be at risk; other Participants to be at risk; staff to be at risk, or The Inclusion Project as an organisation to be at risk.
The Inclusion Project reserves the right to suspend its services in the interest of health and safety and safeguarding.
Upon termination of this Agreement, the Participant / Account Holder / Representative shall pay to the Provider on demand all sums payable under this Agreement up to the date of termination.
The Participant / Account Holder / Representative may terminate this Agreement in its entirety by giving notice of at least one week.
Termination of this Agreement should be in writing by e-mail to the Manager, or if made verbally via a Group Leader or by telephone, a written acknowledgement should be provided.
On the final day of provision of the Services, the Participant / Account Holder / Representative shall forthwith pay to the Provider all sums payable under this Agreement.
Fees are individually assessed dependent on Participant need and level of support. Fee invoices are raised monthly in arrears. Payments are due within 14 days.
Fees are charged in minimum units of one quarter hour.
In the event that a third party, such as a relative of the Participant to which this agreement refers, agrees to make payments to the Provider in part or full payment of the fees charged to the Participant under this agreement, then that third party will be regarded by the Provider as bound by the terms of this Agreement, and liable for the payments agreed.
INVOICING / PAYMENT
The Account Holder / Participant / Representative will be sent an invoice on the last working day of each calendar month to an email address provided by them; a paper copy can be supplied if required.
The Participant/Representative / Account Holder has 13 days to settle the invoice by bank transfer – by the 14th of the following calendar month.
Failure to settle the invoices within 13 days will lead to a discontinuation of Services and could lead to legal action for recovery of the sums due.
No monies of any kind should be paid to the Group Leader. You are not responsible for the Group Leader’s National Insurance contributions or Income Tax.
This Agreement consists of this document together with all preceding and following correspondence, provider information, including the contents of any brochure, booking details, Participants’ Welcome Guide and Participant Plan, and is agreed to with each of your bookings for the Services.
The Participant shall pay the Provider: An hourly fee for the Services specified.
The Provider shall be at liberty to vary the fees upon giving one month’s prior notice to the Participant / Account Holder.
Interest shall be payable by the Participant / Account Holder on: overdue instalments; all other sums payable or which become payable under this Agreement which are unpaid from the due date of payment.
Interest will be charged at 4% above Bank of England Base Rate from time to time prevailing. Any interest payable shall run from day to day and shall accrue after as well as before any judgement.
If the Participant is unable to sign this themselves, the person who signs accepts the responsibilities detailed within including the payment of fees and other charges.
COMMENCEMENT AND DURATION
This Agreement will commence on the date of commencement of Services as stated in the Summary of Agreement. The first month of this Agreement will be regarded as an assessment period. This is to enable the Participant to decide if the arrangements are right for them. Seven days’ notice of termination is required by either party during this period. In the event of either or both of the parties choosing to terminate the agreement, The Inclusion Project will provide the Participant with information about alternative providers and support them in making a choice, as well as supporting their transfer to an alternative provider. At the end of the assessment period if the Participant, Representative or Account Holder and The Inclusion Project are happy to commence, then the assessment period will be deemed to be over and long-term arrangements can be pursued.
ENGAGEMENT OF THE INCLUSION PROJECT STAFF
If you directly engage a Group Leader you will be obliged to pay us a Finder’s Fee of £1,000.
If you introduce a Group Leader to another organisation similar to us which results in the engagement of that Group Leader by the third party you will be required to pay us an Introduction Fee of £500.
If you engage a Group Leader directly you may become responsible for paying employers’ National Insurance contributions and maintaining employers’ liability insurance in respect of the Group Leader.
Our Group Leaders, as self-employed contractors, have contracts of Service Provision with The Inclusion Project that state that their working privately and directly with Participants / Account Holders will lead to the termination of their contract with us.
Participants / Account Holders are not to request / enquire about Group Leaders undertaking work for them directly. To do so would constitute a breach of this Agreement and these terms and conditions, and lead to possible suspension of our Services.
Participants are clients of The Inclusion Project Limited under this Agreement under which Provider (The Inclusion Project Limited) may discharge its obligations and provide the Services through Group Leaders who are themselves independent contractors.
The Inclusion Project Franchising Ltd as a wholly owned subsidiary of the Provider has appointed franchisees to manage the requirements of Participants within designated areas and to manage the Group Leaders’ provision of the Services to Participants therein.
SAFEGUARDING AND WELFARE
The Inclusion Project has its own Safeguarding Policy that Franchisees and Contractors read, agree to, and ensure they understand before working any sessions. The Inclusion Project has its own “Policy and Procedures for Managing Behaviour”, including risk assessments. It is not acceptable to abuse or harm Group Leaders working with The Inclusion Project.
Failure to abide by our Behaviour Policy will lead to a discontinuation of Services.
All Participants and Group Leaders, regardless of age, disability, gender, ethnicity, religion, sexual orientation, or identity, have the right to equal protection from all types of harm or abuse. We are a Social Care service although our The Inclusion Project at Home service offers Personal Care services.
You will inform us and keep us informed of all information which may be relevant to the Care Plan including, but not limited to, Participants’ likes, dislikes, allergies, and lifestyle preferences, physical and medical conditions.
We will treat you with dignity and respect, ensure your privacy and allow you as much autonomy, independence and involvement in your care as you wish, subject to the health, safety and welfare of staff. We will encourage you to manage your own care as much as practicable.
We will seek your consent before giving any personal care to you. The care we provide will be appropriate and safe and will be provided by suitable staff.
We will take appropriate steps to prevent you from being abused or subject to improper treatment and we will respond promptly to allegations of abuse. We will deal with complaints in accordance with our Complaints Procedure.
We will review the Care Plan with you, your family and, where applicable, any other appropriate external social or health care professionals. You shall use your best endeavours to participate in the review of your Care Plan.
If your needs change or increase to a level which cannot be met by us, we will tell you without delay, and will endeavour to discuss alternative arrangements, and agree a mutually acceptable solution with you.
Participants / Account Holders / Representatives will be required to supply any other equipment specified. We have a person-centred checklist as to what personal items should be brought with Participants before leaving home. Sessions will not be able to be provided for Participants unless all that is on the checklist is in place in their bag or on their person.
There is a time limit for staff waiting to pick up a Participant of 10 – 15 minutes and if not ready by then staff should leave to pick up their next / another Participant, making sure Participants are left safely in their homes with a responsible adult.
Comments, compliments and complaints will be dealt with appropriately, and will be discussed with a senior member of the Inclusion Project management where appropriate. The Inclusion Project will endeavour to deal with any such issues within 14 days of receipt. Any complaints or comments about the service should in the first instance be addressed to an Area Manager of The Inclusion Project.
The Inclusion Project is eager to provide a quality, person-centred, professional service and to make improvements wherever possible. Our monitoring and quality assurance arrangements take the form of spot checks, observations and questionnaires which involve Participants. Individual supervision, training and appraisal of staff take place at appropriate intervals.
You may be asked to participate in user satisfaction surveys, or to be interviewed in person or over the telephone as part of our quality assurance procedures; or at the request of the Statutory Regulator, the Care Quality Commission. You are not obliged to reply to satisfaction surveys or interviews. We will always request your consent.
COMPLIMENTS AND COMPLAINTS PROCEDURES
We want to make it as easy as possible for you, or someone acting on your behalf, to let us know your views and thoughts, and strongly believe through listening and learning we will improve the quality of the services we provide as well as encourage good practice by staff. We want to make sure that everyone can contact and communicate with us in an open and honest manner and urge anyone to please let us know if you would like help in making your views known.
We always encourage open communication about your satisfaction or dissatisfaction with the service we provide and we want you to know that you can always tell us about your experiences of the service you receive and we welcome suggestions from you on how we can improve things. We welcome complaints as well as compliments, and look upon them as opportunities to learn, adapt, improve and provide better services.
We will respect your privacy and confidentiality but you agree that we may disclose confidential information (including sensitive personal data) about you to our Group Leaders and to any other person if we believe such disclosure is in your best interest; is appropriate for the performance of the Services; or is required as a matter of law.
We will ensure that Group Leaders shall keep a daily written record of the sessions comprising the Services, any assistance with your medication and any other significant information. These records will be kept on a secure cloud-based password encrypted digital system. We are aiming to be a paperless company. We work in accordance with Data Protection Acts and are registered with the ICO (Reg. No. ZA180155). We comply with all relevant Data Protection Legislation (GDPR).
WITHDRAWAL OF THE SERVICE
We reserve the right to withdraw a Group Leader and/or to cancel this Agreement with immediate effect in circumstances which make the continued provision of the Services untenable. Such circumstances would include (but would not be limited to) failure by you, or someone else to provide appropriate equipment for the service, sexual or racial harassment, extreme alcohol consumption, unreasonable behaviour or requests that a Group Leader undertake unreasonable or illegal activities.
THIRD PARTY RIGHTS
Save for The Inclusion Project Franchising Ltd its Franchisees and Group Leaders no person who is not a party to this Agreement is to have any right pursuant to the Contracts (Rights of Third Parties) Act 1999 to benefit from or to enforce any provision of this Agreement and the parties to this Agreement may agree to cancel or vary the whole of any part of this Agreement without being required to seek or obtain the consent of any third party.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations for any reason outside of our reasonable control, such as Acts of God (for example, riot, civil commotion, fire, flood, fuel shortages, strikes or labour disturbances and transport disruptions whether involving Group Leaders or any other party). All reasonable endeavours, in such an event, will be made to provide Group Leaders, though this provision of care may be suspended while the interruption continues. We will not be liable to you for any loss you may have suffered and/or cost you may incur as a result of the interference or interruption.
This Agreement does not limit any rights enjoyed by the Participant as a result of general law, or regulation of The Inclusion Project Service by the CQC.
These Terms and as applicable, the Participant Information and Joining Form and the Meet and Greet Form including Risk Assessments constitute the entire agreement (the " Agreement ") between the Participant / Account Holder and The Provider with respect to the subject matter hereof. Save as otherwise provided, no variation to the Agreement shall be valid unless it is in writing.
The Agreement, these Terms and Conditions and the Care Plan constitute all the terms and conditions between you and us (subject to the variations allowed for by those Terms and Conditions) and is made to supersede all previous agreements and arrangements relating to your support.
This Agreement shall be constructed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
Should this Agreement remain unsigned for any reason but the Services accepted i.e. care support having commenced; this Agreement will be taken as implied and in force.