Flexible Framework for Care and Support Services: Key Features and Implementation

Technical Guide Care and Support Services (1318) National Flexible Framework Use this guide to help you find the contract clauses you need when you need them 1

Changing how we think about procurement People work out what outcomes they want and how these can be met Commissioners facilitate the market to provide a range of solutions Planners worked out the number of people needing services Professionals determined what type of service would meet needs to Procurement sources through a range of approaches traditional, innovative approaches and direct award Procurement sourced through competitive tendering 2

What are the key features of the Flexible Framework? Using Developing Embedding Designing Developing an inclusive Flexible Framework promoting a range of providers and services, small and large giving choice and control to people using the service Embedding fair work practices within the tender and evaluation by pricing in requirements for Real Living Wage, travel in and mileage and evaluating on quality, not price Designing an interactive Service Directory which shows all Providers and services, to help people/Councils/ HSCPs make informed choices about their care and support Using the Light Touch Regime to develop a Flexible Framework which will be open to new Providers every 6 months focusing providing choice and meeting peoples outcomes 3

What do you need to know? New national Flexible Framework agreement Opportunities for new Providers to join every 6 months Aim to maximise the number of Providers on the Flexible Framework and provide more choice Focus on outcomes (based on Health and Social Care Standards) Option for Councils/HSCPs to direct award or run their own enhancing matching process for individuals requiring care and support Councils/HSCPs will be able to purchase services via an hourly rate and/or use an individual budget Flexibility for Councils/HSCPs to test new models i.e. alliance contracting Go live date is 1st April 2020 4

Care and Support the Flexible Framework It s not all about the money! Delivering value through social care contracts and procurement Supports Self-directed Support legislation Supports people to live safely and independently in their own home / community for as long as possible Fosters greater collaboration between partnerships & providers Phased approach to ensure continuity of service 5

Care and Support the Flexible Framework It s not all about the money! - Delivering value through social care contracts and procurement Maximises choice of Providers and services by reopening every six months Providers on Flexible Framework can add new services and locations Responsive to people s changing needs Supports sustainability of services and fair work as paying real living wage Helps promote social care as an attractive career option 6

Care and Support Flexible Framework Using this guide Click or Ctrl-Click the link or the box to take you to the contract clause you are looking for Use Schedule 6 Identified and Defined Terms where you do not understand a term that is being used Use the contact details at the end for any questions and this will form an evolving FAQ list for everyone 7

What is in the Flexible Framework contract? Terms and Conditions Schedule 6 - Identified and Defined Terms Schedule 1 - Service Specification Care and Support Flexible Framework Terms and Individual Support Terms *Part A General Schedule 5 - Individual Support Agreement Schedule 2 - New Entrants Schedule 3 - Calling Off from the Flexible Framework Schedule 4 - Individual Support Terms 8

Flexible Framework Terms and Conditions Explains how the document works, including clauses common to both the Flexible Framework Terms and the Individual Support Terms (ISTs) PART A PART B PART C PART D PART E PART F PART G PART H Outlines finance arrangements Sets out service requirements Protects information Explains how changes are dealt with Details the Law Sets out liabilities Deals with disputes, remedies and the end of the agreement 9

Flexible Framework Terms and Conditions Part H Disputes, Remedies and Termination Termination, Resolution of Disputes, Breach and Termination, Suspension, Force Majeure and Business Continuity Part B Fees and Fee Setting Efficiency, core price, variable price, Real Living Wage uplift, supporting financial information Part A - General Scope/Duration/Scotland Excel and Provider Obligations/ Notices Part G Liabilities, Indemnity and Insurance Public Liability ( 10m) Employers ( 10m) Third Party Motor Vehicle Liability Part C Service Care Inspectorate Registration and Grades, Staffing, Individual Support Agreement Procedures, Transport, Framework Management, ISAs extending beyond end of Framework Flexible Framework Care and Support Part F Law Part D- Protection of Information Data Protection, Confidentiality, Freedom of Information, Publicity and Audit Part E Control of the Contract Waiver, Severability, Remedies cumulative, Variations, Assignation, Disposal, Sub Contracting, Change of control, Closure/Reconfiguration of service Statutory obligations, Law of Scotland, Best Value, Assistance in Legal Proceedings, Human Rights, Equalities, Health and Safety, TUPE, Corruption and Collusion, Prevention of Fraud, Conflict of interest 10

Schedules to Flexible Framework Terms This contains the detail of the service to be delivered, how new Providers can apply and be considered for inclusion in the Flexible Framework, how services are selected and Individual Support Agreements are put in place, the Individual Support Terms that apply, the Individual Support Agreement that is put in place for the person receiving the service, the meaning of terms used in the Flexible Framework and the financial information required. If you click on the links, they will take you to the part of the contract you wish to read. Schedule 1 Service Specification Schedule 2 New Entrants to the Flexible Framework Guidance Note Schedule 3 Calling Off from the Flexible Framework Guidance Note Schedule 4 Individual Support Terms Schedule 5 Individual Support Agreement Schedule 6 Identified and Defined Terms Schedule 7 Financial Information 11

Schedule 1 Service Specification Key principles Service objectives People should have control of their life and support helps them to meet their outcomes Health and social care standards direct how the service should be delivered Positive risk taking is promoted and innovative ways to deliver the service To enable people to live within their own home as independently as possible To work with them and their families/representatives to plan their care and support To work in partnership with Council/HSCP staff and other providers to deliver effective services To support people over 18 assessed as needing care and support but can also be used for people over 16 The service should be personalised to meet assessed needs and outcomes and should be available 7 days a week and up to 24 hours a day if required Examples of care and support service delivery are given in Appendix 1 of Schedule 1 People and service Care Inspectorate registration Compliance with Health and Social Care standards and Scottish Social Services Council (SSSC) To support people selecting Self-directed Support Option 3 but can also be used to help people choose a provider under Option 2 To deliver service in line with Health and Safety legislation/best practice and Care Inspectorate/Council Medication policies and hold relevant insurance Minimum requirements Other requirements Have effective policies and procedures a sample list is given in Appendix 2 of Schedule 1 Promote and support the use of technology enabled care to support people to meet their outcomes Appendix 3 examples of technology enabled care 12

Schedule 1 Service Specification and implementing best practice Providers will meet the requirements of the Fair Work Framework and commit to Security of employment , e.g. Fair Pay, no inappropriate use of zero hour contracts/work patterns, build stability into contracts, flexible working, employment security, pay progression, sick pay, pension Respect consideration, respect of behaviours, health and wellbeing, workers personal/family lives, flexible working Opportunity recruitment/selection, training/development, promotion/progression, buddying/mentoring, engaging with diverse and local communities Fulfilment effective skills use, autonomy/problem solving Effective voice enabling staff to have a voice, openness/transparency, formal/informal structures, union recognition Fair Work Practices Community benefits include targeted recruitment and training, small business and social enterprise development and community engagement. Providers will work with Councils/HSCPs to deliver community benefits in training and work experience, community projects, social inclusion and wellbeing, mentoring and education, capacity building in the community and supporting SMEs, Third Sector and supported businesses Sustainability, community and social benefits Providers will undertake quality assurance and evidence how service quality is measured and continuous improvement is delivered For example, surveys of people in the service or other professionals, comments/complaints, providing information to the Council/HSCP about staff training, development and induction, and a record of service delivery in the persons home To ensure safety/security staff will have identity cards displaying a photograph, name and employing organisation and contact number, issue and expiry date and alternative methods for people with special communication needs Service Standards Notifications to care management Providers must have a system to notify the Council/HSCP and supported person s representative of any significant incident For example allegation/evidence of abuse or harm, maladministration of funds/property, serious loss or damage, changes in needs/circumstances, change in named staff member, formal complaints, unplanned absence, failure to provide service, admission or discharge from hospital 13

Schedule 2 - Joining the Flexible Framework- the process New Providers will undergo the same evaluation process as existing Providers. A new Contract Notice will be advertised, and Providers will complete the same evaluation process as those currently on the Flexible Framework. Successful Tenderers Added to the Flexible Framework Commencement Date Flexible Framework Opens Tender Returns Tenders Evaluated Beginning of Month 4 Beginning of Month 5 End of Month 5 Month 1 Month 6 This means that the Flexible Framework can respond to changes in service and continuously promote access and choice of services for people who need care and support services. 14

Schedule 3 Calling Off from the Flexible Framework Provider accepts person and Flexible Framework and Individual Support Terms are activated Person selects choice of care Provider and asks the Council/HSCP to arrange Council/HSCP arranges service selecting a Provider from the Flexible Framework and agreeing the ISA Service commences and is regularly reviewed and monitored Person assessed as needing care and support services Providers can deliver either a Care at Home or Supported Living service or both under this Flexible Framework A Service Directory will be maintained by Scotland Excel to ensure the best outcomes for the Supported Person In line with Self-directed Support options and directed by the Supported Person, Councils/HSCPs can choose any of the following ways to agree an Individual Support Agreement (ISA) for the Supported Person Supported Person selects the service from an eligible identified Provider on the Flexible Framework (Option 2 SDS) (Supported Person Selected Service) Council/HSCP matches the Supported Person to an eligible identified Provider (Option 3 SDS) (Council/HSCP Direct Service Matching or Enhanced Service Matching process) Councils/HSCPs can use direct award or a selection process to put an ISA in place 15

Schedule 4 - Individual Support Terms Explains how the document works, including clauses common to both the Flexible Framework Terms and the Individual Support Terms (ISTs) PART A PART B PART C PART D PART E PART F PART G PART H Deals with finance Sets out service requirements Protects information Explains how changes are dealt with Details the law Sets out liabilities Deals with disputes, remedies and the end of the agreement 16

Schedule 4 - Individual Support Terms Part H Disputes, Remedies and Termination Termination, Resolution of Disputes, Breach and Termination, Suspension, Force Majeure and Business Continuity Part A General Part B Fees and Payment The fees, fee variations, invoices and billing Identified terms, status and duration, Purchasers and providers obligations, Notices Part C Service Care Inspectorate Registration/Grades, Staffing, Staff Development and training, Transport, Adults at Risk, Individual Support Agreement procedures, Brochure and Introductory pack, Agreement, ISA, Service continuity, Reviews and Variations, Local contract monitoring, Supported persons absence, Reporting of events, Complaints/Suggestions, Pre- Existing ISAs, ISAs extending beyond the life of the framework Part G Liabilities, Indemnity and Insurance Public Liability ( 10m) Employers ( 10m) Third Party Motor Vehicle Liability Flexible Framework Care and Support Part F Law Part E Control of the Contract Waiver, Severability, Remedies cumulative, Variations, Assignation, Disposal, Sub Contracting, Change of control, Closure/Reconfiguration of service Part D- Protection of Information Data Protection, Security and Recording, Confidentiality Statutory obligations, Law of Scotland, Best Value, Assistance in Legal Proceedings, Human Rights, Equalities, Health and Safety, TUPE, Corruption and Collusion, Prevention of Fraud, Conflict of interest 17

Schedule 5 - Individual Support Agreement Important you must put this in place to activate the contract This forms the contract between Council/HSCP and Provider for the Supported Person It activates the Individual Support Agreement and Flexible Framework Terms and Conditions It is a two-page document which covers: Service delivery should be provided in accordance with the Individual Support Terms and Flexible Framework Terms Important if anything goes wrong Advised that the person has been assessed as needing care and support and links Supported Person s needs and outcomes to the Care Assessment and Support plan and the terms and conditions of the contract It gives information on the core price paid and any local variable price Acceptance by the provider at the price paid, on the terms and conditions It must be signed and a copy returned It gives details of nominated officers for the contract, care and finance 18

Schedule 6 - Identified and Defined Terms A list of terms in the contract and their meaning for example: Means where the Supported Person is not present to receive the Service (whether due to planned or unplanned absence) Absent/Absence This is a reference document for the contract if you do not understand a term, this is where you look it up 19

Schedule 7 - Financial Information This is the Price Schedule which was completed and returned by Providers It contains commercial information that breaks down the price per hour for example: Registered care staff hourly rate, national insurance, pension, travel time, mileage, holiday pay, statutory sick pay, training costs On Costs training, property, other supplies, management and business costs Since it is included in the price staff should be paid at these rates and this can be contract monitored This information is confidential to the Provider giving these details and to the purchaser (Supported Person or Council/HSCP) wanting to buy the service 20

Monitoring the Flexible Framework a joint approach Their experience and whether the service meets their needs Supported Person Support Plan Individual Support Agreements and Flexible Framework Terms and Conditions A joint approach Service delivery and outcomes Provider Individual Support Agreements and Flexible Framework Terms and Conditions Council/ HSCP Service delivery and outcomes Key principles Non duplication Appropriate to roles/responsibilities Shared information Flexible Framework use and fit for purpose Flexible Framework Terms and Conditions Scotland Excel 21

Monitoring the Flexible Framework roles and responsibilities What are they monitoring What are the key questions? How are they monitoring Who is monitoring Why are they monitoring How well is service delivering outcomes and are any interventions required Care Management Reviews Impact on future interventions Individual agreement/ support plan Care managers Key worker and family information Quality of individual care How well is Provider performing against Service Specification and are any interventions required Impact on future specification and contract terms Internal information on outcomes and spend Purchasing authorities Service contract Quality of service How well is Provider performing against others (benchmarking and market analysis)? Information from Councils/HSCPs on service quality and National figures on spend and quality Impact on future market and Flexible Framework National Shared contract Scotland Excel Quality of procurement Joint Committee* (Governance) 22

Monitoring the Flexible Framework activity Participate in annual review of framework with Scotland Excel Provide management information to Excel - staff turnover, community benefits, significant incidents, Fair Work Practices, Financial probity, framework spend, number of supported people, number of hours, use of technology Support Plan Review Review of service/Individual Support agreements with Council/HSCP Engage in Council/HSCP practice and innovation forums Provide finance information Notify significant event Provider Supported Person s views Annual review of outcomes with Provider Individual Support Agreement review Host practice and innovation forums Implement payment provisions Action any significant event in line with statutory duties Annual meeting with providers on operation of Flexible Framework Forum for Councils/HSCPs and providers to meet and agree innovation/framework changes Scotland Excel Council/ HSCPs 23 Schedule 1 Service Specification

Roles and responsibilities Providers Purchasers (Councils/HSCPs) Scotland Excel Delivering services in line with the Flexible Framework Terms and Conditions and Individual Support Terms Delivering service in line with the Individual Support Agreement Maintain Care Inspectorate registration Compliance with Health and Social Care standards and Scottish Social Services Council (SSSC) To deliver service in line with Health and Safety legislation/best practice and Care Inspectorate/Council Medication policies and hold relevant insurance Implement, maintain and advise compliance with Fair Work Practices Establish, maintain and advise report on community benefits Maintain service standards and quality assurance Notify purchasers of any significant incidents or potential ASP issues Following the Councils/HSCP Financial Regulations and Contract Standing Orders including; the publishing of Award Notices for all ISA call offs from the Flexible Framework The local format and content of the ISA and local purchasing approval processes Decisions about existing and new individual support agreements Care management and support for choice and control Reviewing and monitoring individual ISA contracts and support plans Adult Support and Protection Local performance management and response to performance issues Local commissioning of services from the Flexible Framework Contributing to National Flexible Framework decisions Guidance on Flexible Framework use Reviewing and implementing rate uplift requests in collaboration with Councils/HSCP s Reviewing and evaluating requests for New Entrants/New Services Coordination of national networking and development of services Monitoring insurance requirements and compliance Flexible Framework level monitoring including community benefits, fair work practices Contract performance management using information from Councils/HSCPs and Care Inspectorate/Equifax National trend, usage and performance monitoring, analysis and reporting Development and maintenance of reporting mechanisms 24

Contract Mobilisation This term is used to indicate when the contract terms and conditions come into place When the contract is awarded and the Provider signs and returns a signed copy the National Flexible Framework contract is in place However the contract terms and conditions are only activated when an Individual Support Agreement for the person is put in place This would generally happen following an annual review of people already receiving service or for a new person receiving service Until such time as this happens the existing contract and rate remains in place People have a right to choose their own service Provider and if they are not on the Flexible Framework alternative local contract arrangements and prices remain in place A Service Directory will be available to assist people to select a Provider 25

Help and Support The guide is designed to help you navigate the Flexible Framework contract and find information when you need it and on what you need There might be further questions you have and therefore you can contact Scotland Excel at careandsupport@scotland-excel.org.uk Your question will be logged, you will have an answer within 5 days or sooner if you indicate it is an emergency, and this information will be used anonymously to build a directory of FAQs 26

Consultation We need your help? This slide pack has been designed to be an interactive guide to the Flexible Framework rather than a narrative guide paraphrasing terms and conditions that you actually need to read and understand It will change and evolve to meet your needs After you have read the guidance give us your views by clicking on the link https://www.surveymonkey.co.uk/r/SXLCareandSupportGuidance Receive contract Reissue guidance Use Guidance Amend Guidance Feedback views 27