Social Care Contract Clauses Development Workplan Paper to Social Care Procurement Development

Paper 3.1

Social Care Contract Clauses Development Workplan – paper to Social Care Procurement Development Group 11/10/10

Scotland Excel has a workplan to develop its role in the Procurement of Care and Support Services and part of this involves contract development. There has been engagement with the ADSW contracts sub- committee and Local Authority Solicitors and both support the development of standard national contract clauses (building on work that has already been done for Supporting People and the National Care Home contract) and also agreed that part of this work should involve the development of new clauses in response to the new Guidance. A solicitor, Evelyn Pinkerton, has been seconded from Renfrewshire Council to Scotland Excel to undertake this work: she has been part-time since the beginning of August and she goes full-time this month. The aim is to try and complete this work by June next year.

The main interest of the Development Group in this work will be in ensuring that the recommendations of the Guidance in respect of Contracts should be integrated with this workstream. An outline draft workplan is set out below and comments are invited particularly on proposals to engage stakeholders. If the Development Group so wished some of the engagement could be directed through or led by the Steering Group.

The draft workplan does not go into any detail into actual proposals for new types of clauses at this stage although Excel would want to bring back clauses as they are developed to the Development Group for comment. However, the following areas have been identified so far as possible areas for development and we would welcome comment if there are other areas we should be considering:

 standard TUPE clauses;

 clauses that facilitate Service Users to more onto a Direct Payment/Self Directed Support with same provider if service is retendered and the commissioned provider changes;

 clauses that deal with handover of people leaving services because they have chosen SDS/DPs;

 clauses that allow enable longer length contracts for people with long-term needs but which are balanced by stronger termination clauses if services do not meet expected standards, clauses that promote service efficiency and clauses that enable changes to varying levels of need;

 some standard clauses for contract extension (that would be part of tendering processes);

 development of Community Benefit and Corporate Social Responsibility clauses for social care contracts.

Working Groups/Contracts-Socialcarecontractdevelopmentworkplan Paper 3.1

Outline Workplan

1) Identify stakeholders and agree engagement mechanisms

Stakeholder Interest Means of Who leads Actions Engaging planned Leads for Contracts require to support ADSW Nick Kempe Present Commissioning strategic commissioning Community workplan to agenda Care and C and committees F Standing Committees LA Contracts Normally leads for ADSW Contracts Nick Kempe Support the Staff developing/implementing sub-committee work. Regular contracts attendance at Cttee. Next steps set up specialist working groups LA Solicitors Responsible for drafting SOLAR Evelyn Regular updates contract and legal advice on Pinkerton commissioning/procurement LA Finance Staff Financial aspects of ADSW Nick Kempe Present contracts; efficiency Resources workplan to Standing-Cttee Cttee Care Commission Standards in services and To be Nick Kempe NK to alert ensuring effective interface determined Marcia Ramsey Regulator and contracting and Ronnie Hill Cosla Lead role negotiating NCHC Through Ron Nick Kempe Report to and National Secure Culley Leaders to contracts plus stakeholder endorse Social Care Procurement direction of Guidance travel and final sign off Providers Party to contracts Scottish Care Nick Kempe NK to meet SC and Community and CCP then Care Providers sent up contract consultative mechanism (with Cosla??) Service Users Contracts need to be Primarily via Nick Kempe to Consultation and carers compatible their rights and Local Authority co-ordinate material will used by them if required; consultation need to be clear agreements with mechanisms produced at providers about services for later stage each individual Government Social Care Procurement SPD Nick Kempe

Practice Policy interest Various Depts Nick Kempe Specific contractual interests Nick Kempe certain areas eg Secure, Free Personal and Nursing Care

2) Determine Structure of contracts – Lead Evelyn Pinkerton

- Identify main different approaches to structuring contracts both in Scotland and wider UK (EP)

- Identify pros and cons to these formats (EP)

- Engage with LA contracts and legal staff to agree a format for standard contract for use across Scotland with national clauses (EP/NK)

- From this develop format for Self-Directed Support Contract (NK/EP)

- Take recommendations to other stakeholders as part of engagement process (NK)

3) Development of National Clauses – Lead Evelyn Pinkerton

- Collate examples of clauses from current contracts (EP)

- Identify areas for further development in conjunction ADSW (eg outcomes and KPIs; clauses to embody recommendations of Social Care Procurement Guidance; price/quality mechanisms; clauses to enable collaborative contract management across Councils (EP/NK); Identify from research and surveys findings related to Service Users and Carers that need to be incorporated into contracts

- Draft common Clauses for use in all Social Care contracts and ensure these are either the same (where this is appropriate) or are compatible with model Excel clauses for other types of contract (EP)

- Draft care group specific clauses in consultation ADSW and other Stakeholders

- Identify main requirements for Service specific clauses and prioritise development of these around existing contract priorities (eg Care Homes for Older People, Residential Schools, Fostering)

- Draft Self-Directed Support contract (EP) and model Service User agreement (NK)

4) Formal consultation on model national clauses within National Format – Lead ? (could be done as part of implementation social care procurement guidance)

- Negotiate with providers on final clauses (NK/Cosla)

5) Make clauses public

- Publish clauses on Excel website

- Publicise availability, including to Providers and Service Users and encourage links from other organisations

Working Groups/Contracts-Socialcarecontractdevelopmentworkplan