The fundamental basis of your relationship with your commissioners is by way of contract – whether this is a local authority, a clinical commissioning group or a privately funded service user.

Public Commissioning Bodies

Public commissioning bodies of care will carry out contract monitoring visits of services to ensure providers are meeting the terms of their contracts. These visits may take place as a matter of course, or because they have been prompted by a safeguarding alert or a regulator visit.

Sometimes these visits are used to try and reduce fees or result in commissioners seeking to cancel the contract based on an alleged breach of contract. Sometimes they will try and remove service users.

Often the actions of the commissioner can influence those of the regulator, and vice-versa.

Privately Funded Services Users

These contracts usually address medium to long-term arrangements so the validity and enforceability of them is important when considering the business security of a care service.

Ensuring that your customers understand proposed terms and commit with informed knowledge is important. Failure to do so could render agreements unenforceable and could result in regulatory fines or claims for damages.

Ridouts can provide advice to providers on these contracts, whether it is a one-off agreement or management of contract arrangements on an ongoing basis.

Ridouts can help you by:

  • Challenging contract monitoring findings
  • Challenging cancellation of contracts
  • Challenging the removal of service users by helping residents to secure their own legal representation in conjunction with providers
  • Challenging commissioner attempts to reduce fees
  • Reviewing contracts to analyse whether a fee increase is payable
  • Reviewing existing independent paying resident contracts
  • Providing standard form independent paying resident contracts

Outcomes achieved include: 

  • Successful challenge to cancellation of commissioning contracts
  • Successful challenge to suspension of commissioning contracts
  • Re-negotiating fee rates
  • Drafting new service user agreements which are Competition and Markets Authority compliant

Get In Touch

Ridouts is a team of specialist health and social care lawyers, providing dedicated legal advice for care homes, GP practices, children’s homes, dental practices, domiciliary and home care agencies, supported and independent living services and both private and NHS hospitals.     •     +44 (0) 207 317 0340   
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