We undertake to exercise reasonable care and skill to meet individual needs as set out in the Care Plan and to provide suitably trained, sufficiently skilled, experienced and competent support carers to provide the Service. In this respect:
We operate a team approach towards meeting Clients’ needs. This will involve introducing a number of Carers’ to the Client to ensure that sufficient staff are able to cover for sickness and other absences. The size of the team will depend on the number and timing of the necessary visits.
We will take all care to ensure compatibility and as much continuity as possible between Carer and Client in an arrangement which is satisfactory to both parties. Circumstances such as holidays, sickness and company business may affect this, but Lapis Care will endeavour to endure that the Client is kept informed at all times. Carer rota/time sheets will be placed in the home each week.
Where we are able to provide sufficient Carers’ but these are not compatible to the Service User, We reserve the right to cancel the visit.
Our Care staff will at all times carry with them proper means of identification. This will include identity cards or badges and compliance with our Uniform Policy unless the Client has specifically requested otherwise.
TRIAL OF CARE
Lapis Care reserve the right to provide a trial of care provision within a Clients Home for a limited period of time. This would usually be 2 weeks, prior to formalising an agreement with a Client.
This is to ensure that Lapis Care can meet client needs and that all parties can then decide the best way to proceed in the Best Interest of the Client. We will then hold a review meeting with client. If Lapis Care then continue the care, we will hold a further review meeting after a further 4 weeks to ensure satisfaction for all parties.
The Trial of Care will be subject to our usual Schedule of Prices and Terms and Conditions.
If it is felt by either party that Lapis Care are not suitable Care providers in that particular situation, either Party may give 7 days’ notice that Lapis Care are to withdraw and alternative provision should be sought.
CARE SERVICE REVIEWS
The Organisation undertakes to review the Service Users Care Plan for on- going suitability at monthly intervals, at such intervals as may be dictated by the response of the Service user to the Care plan. The over-riding objective is total Client satisfaction with the Services provided.
For the health and safety of our staff, we would ask you and anyone else present in your home, to refrain from smoking and to ventilate any room that will be used for your care for at least half an hour before the agreed time.
If you smoke whilst your Carer is with your, the Carer will be obliged to leave your home for the duration of your smoking and shall not be permitted to enter your home until Half hour after you last smoked, in accordance with our smoke free workplace policy. Any additional requirements or variation to this clause will be specified in your Care Plan.
Our staff are not allowed to smoke whilst working (Please request Lapis Care smoking policy if you so wish) in your home and are subject to disciplinary action if this policy is not observed.
We are bound by the Health and Safety laws and regulations to provide a safe working environment for you and our staff visiting you at home. At the time of agreeing with you any services you would like us to provide, we will assess any risks to you and our staff that need to be addressed. If there are aspects of our infection control & Health and safety measures that you dislike, we will discuss alternative solutions until a mutually agreeable solution is found.
We are not able to provide our services to you unless you are present in your own home. Unless you have informed Lapis Care that you wish to cancel a visit, our staff will expect you to be at home when they arrive. At the time of agreeing the services that Lapis Care will provide, we will discuss any problems that may be encountered in gaining access to your home if you are unable to get to your door. Lapis Care will not hold keys to your property and will discuss with you appropriate alternative arrangements including ‘keysafes’. Lapis Care staff will always take care not to cause any damages or breakages to your property. You should check your household insurance covers you in the event of such an accident occurring to your home or possessions.
PAYMENT FOR SERVICES
You have the right to change your mind within 7 days of signing the contract.
You will be invoiced every 2 weeks for the services you have received. Any additional care provided will be added to your invoice.
If Lapis Care staff are being called out for inappropriate reasons between scheduled visits, a £15 charge will be added to the invoice after the third, and on every subsequent occasion. This will be in addition to the regular hourly rates that are incurred, dependent on the length of time the staff member spends at your home.
Lapis Care recognise that on occasion, incidences occur that necessitate our staff need to remain longer in your home than scheduled. However, should it begin to happen on a regular basis, Lapis Care management will contact you to make an appointment with you to discuss your needs again and make any required changes to your care package and charges?
ADDITIONAL TERMS & CONDITIONS FOR THOSE WHO ARE PURCHASING THEIR OWN CARE
The price schedule sets out the charges that we make for the services we provide. We will, from time to time review the prices that we charge and if there are any amendments, we will give you 28 days’ notice of any changes. Lapis Care endeavours to provide a bespoke service, so our prices stay the same 7 days a week, 365 days a year.
If at any time you are admitted to hospital, or go into respite care, we ask that you pay a ‘retainer fee’ to keep your place open at half of your quoted price at the time of the agreement.
You will be charged for any cancelled visits as per the Contract unless you have given 2 working days’ notice to Lapis Care. If you wish to cancel the service, we require 14 days’ notice. If, in the event of circumstances preventing you form giving notice such as an unplanned admission to hospital, the service can be suspended or cancelled.
If you wish to terminate your care and this is being purchased by the Social Service Department. or Primary Care Trust, you should contact your social worker.
WITHDRAWAL OF SERVICE
We reserve the right to withdraw our member of staff and/or to cancel this agreement usually with 7 days’ notice, but on occasion should we deem it necessary, with immediate effect in circumstances which in our reasonable opinion, make the continued provision of our Service untenable.
Such circumstances would include (but would not be limited to):
In the event of persistent cancellations of visits, or the continual disruptions to the Organisations schedules by the Service User without a valid reason.
Any failure by you to pay (or persistent late payment of) our invoices.
Failure by you or someone else at your home to provide a safe environment and/or appropriate equipment for the Service.
Sexual or racial harassment.
Abuse, aggression, harassment or actual bodily violence from a Service User, Client or a Service Users relative/family member.
Extreme alcohol consumption.
Unreasonable behaviour or requests that a Carer undertake unreasonable or illegal activities.
Where you require us to undertake Moving and Handling techniques, which in our opinion are unsafe.
DUTIES THAT OUR STAFF ARE NOT AUTHORISED TO UNDERTAKE
In accordance with our Code of Practice, the Organisation’s Staff are authorized to undertake any duties relating to, or have any involvement with, the activities set out below.
In summary staff will not:
Administer medication to the Client unless specifically qualified/ trained to do so and verified as competent by the Organisation.
Become directly involved with medical or nursing care unless specifically qualified/ trained to do so and verified as competent by the Organisation
Handle the Clients monies except under strict documented conditions.
Accept food from the Service user for a meal which the Carer would usually provide for themselves.
Undertake any duties other than those specified in the Care Plan, unless express authorisation is obtained from the Organisation and agreed with the Client.
Smoke or consume alcohol or other controlled substance whilst in the Client’s home.
Bring other members of their family, e.g., children, or any unauthorized persons into the Client’s home. Similarly, the Care will not bring pets into the Client’s home.
Accept gifts or benefits from a Client.
Accept any direct payment from the Client for services rendered, and not become involved in selling any personal goods or services to the Client.
Make use of the Client’s property, e.g., telephone for personal use.
Carry out their duties in an unoccupied house (unless pre-agreed with the Client and Organisation and specific instructions are in place)
Retain the Client’s Telephone numbers or those of the Client’s family
Distribute, share or otherwise communicate the Carers’ personal contact details including phone numbers.
During the period of this contract, and for a period of 6 months following the cancellation of this contract, the Service User or their representative will not employ, engage or hire either directly or indirectly through any business, organisation or company any of Lapis Care staff.
We operate an equal opportunities policy. The provision of Equal Opportunities relates to access to the Service and the Carers’. We therefore do not discriminate, nor do We tolerate any discrimination, on the basis of (without limitation) age, race, religion, gender, sexual orientation, marital status or disability. Where a genuine occupation qualification exists to support a specific request, we will use Our reasonable endeavours to fulfil this request as far as We are permitted to by law.
THIRD PARTY RIGHTS
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 or any Part of this agreement without being required to seek or obtain the consent of any third party.
Neither we nor you shall have any liability to the extent that any delay in or failure to perform our respective obligations under this agreement is caused by any factor beyond our reasonable control. Any respective obligations that are not affected by any factor beyond our respective control will continue to bind us and you.
INSURANCE & LIABILITY
The Organisation’s liability to the Client shall be limited to the extent of the organisations insurance cover in respect of claim from time to time.
The organisation’s current insurance cover for Public liability insurance in respect of any one claim is £10,000,000.
Any consequences that arise out of the same act of default by us shall be treated as giving rise to only one claim.
The Client acknowledges that any additional household or public liability cover is the Client’s responsibility.
We may transfer, assign charge or deal in any other manner with all or any of our rights under this Agreement or may sub-contact any or all of our obligations under it.
We may vary these terms and conditions in writing by giving you at least 2 weeks’ notice. If you do not agree to the variation, you may terminate this agreement in accordance with clause 10.