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FRAMEWORK CONTRACT FOR SERVICES
Date
of Agreement
2001
PARTIES
(1)
CHILD
AND FAMILY COURT ADVISORY AND SUPPORT SERVICE of [ADDRESS FOR SERVICE] (“CAFCASS”)
(2)
PRACTITIONER [NAME]
of
[ADDRESS FOR SERVICE]
(“PRACTITIONER”)
INTRODUCTION
A This Agreement
defines the framework terms and conditions in accordance with which
the Child and Family Court Advisory and Support Service appoints the
Practitioner, and the Practitioner agrees to provide the Services as
defined herein and in accordance with all and any separate written
contracts in the form of a Purchase Order the parties agree to enter
into in due course.
B The Purchase Orders
will provide the specific terms and requirements governing each
individual court related case or other service that the Practitioner
undertakes. The Practitioner will perform such Services at such
locations as may be agreed between the Practitioner and CAFCASS in due
course.
1.
DEFINITIONS
The
following terms shall have the following meanings:
1.1
Agreement :
1.2
Purchase Order :
1.3
Services :
1.4
Region :
1.5
Children’s Service :
1.6
Professional Time
2. AGREEMENT
2.1 This
Agreement is intended to govern all Purchase Orders, however if the
terms of this Agreement conflict with the terms of such Purchase
Orders, the terms of the Purchase Order will be overriding.
2.2
This Agreement shall commence in relation to each
Practitioner on the date inserted at the head of this Agreement.
2.3
This Agreement shall continue until terminated in one of
the following ways : -
2.3.1
If the Practitioner is not contracted under the terms of a
Purchase Order, the Practitioner may terminate this Agreement by
giving CAFCASS a period of 8 weeks notice.
2.3.2
If the Practitioner is contracted under the terms of a Purchase
Order or Purchase Orders, the Practitioner may terminate this
Agreement by giving CAFCASS a period of 8 weeks notice, this period
not to commence prior to the conclusion of the Practitioner’s last
court related case or other service.
2.3.3
If the Practitioner is not contracted under the terms of a
Purchase Order, CAFCASS may terminate this Agreement by giving the
Practitioner a period of 12 weeks notice.
2.3.4
If the Practitioner is contracted under the terms of a Purchase
Order or Purchase Orders, CAFCASS may terminate this Agreement by
giving the Practitioner a period of 12 weeks notice, this period not
to commence prior to the resolution of the Practitioner’s last court
related case or other service, unless the conditions in Clause 13
apply.
3. STATUS OF
PRACTITIONER
3.1
This is not a contract of employment. During the term of this
Agreement, a Practitioner shall remain as an independent contractor
and not a servant of CAFCASS. Practitioners shall not be subject to directions from CAFCASS
as to the manner in which he performs his work, subject to the
restrictions contained herein, and/or as required by law and/or Court
rules.
4 DUTIES AND
RESPONSIBILITIES
4.1
The Practitioner will provide CAFCASS with such Services as may
be agreed in the form of Purchase Orders from time to time.
4.2
The Practitioner will be personally responsible for meeting
commitments and obligations established in this Agreement and the
Purchase Orders, and may not sub-contract the Services without prior
written authority from CAFCASS.
4.3
Services must be provided in accordance with Statute,
Government Codes of Practice and Circulars, Rules of Court including
those referred to in Sections 12(1) and 12(2) of the Criminal Justice
and Court Services Act 2000, and relevant National Standards of
Practice (Ref. CAFCASS 2001).
4.4
The Practitioner must document the Services to the Court
in accordance with standard practice and CAFCASS’ recognised format
as delineated from time to time. Any amendments to the standard
practice or to the recognised formats will only apply to Purchase
Orders which are executed after the amendments are notified to the
Practitioner by CAFCASS.
4.5
Upon termination of this Agreement the Practitioner shall
allow CAFCASS to retrieve all documents, records, and papers which may
be in his possession or under his control and which relate in any way
to the Services provided. The
Practitioner is entitled to retain copies.
4.6
The Practitioner must provide accurate and timely
operational data as requested by CAFCASS. It will be CAFCASS’ duty
to state what those requirements will be prior to the execution of
this Agreement. Any amendments to these requirements have to be agreed
with the Practitioner.
4.7
The Practitioner must provide the Services to the
satisfaction of the Court to which they are provided.
5 ELIGIBILITY
5.1
The Practitioner must provide written or oral evidence
(as required) upon signing this Agreement that he has the necessary
and relevant qualifications and experience to provide the Services to
the required standard. As a minimum, such standards shall be in line
with those required in accordance with legislation and Rules of Court.
CAFCASS will determine for each type of Purchase Order, what expertise
is most appropriate in each circumstance, at its own discretion.
5.2
The Practitioner must advise CAFCASS if he becomes,
during the period of this Agreement and while appointed under the
terms of a Purchase Order : -
(a)
an employee in Children’s Services in a Local Authority in
which a Practitioner accepts Purchase Orders; or
(b)
an employee of an Adoption Agency which is involved in a
case of a said Purchase Order; or
(c)
an employee of the Probation Service in the region where
a Purchase Order is held;
on either a full or part time basis.
Any conflict of interest will be discussed.
The Court will retain the authority to terminate a Purchase
Order on the application of CAFCASS.
5.3
The Practitioner must notify CAFCASS of any previous
activity or role including any previous involvement with a case which
might prejudice or might be seen to prejudice his conduct of the case
under any Purchase Order or might provide a conflict of interest. This
notice should be given prior to the execution of the Purchase Order,
or as soon as the Practitioner becomes aware of the potential
prejudice or potential conflict of interest. In the case where a
Purchase Order has been executed and CAFCASS has been notified of a
potential prejudice or a potential conflict of interest, the
Practitioner accepts that it may be legitimate for CAFCASS to make
application to the Court to terminate the Purchase Order if it
believes that such activity may prejudice the Services offered or
compromise the Practitioner’s position in the eyes of the Court.
6 AVAILABILITY
6.1
The Practitioner is under no obligation to accept or
decline new Purchase Orders and no guarantee is given by CAFCASS that
any Purchase Orders will be provided. There is an expectation,
however, that CAFCASS will offer, and the Practitioner will, where
possible, accept cases presented to him that he has been appointed to
previously and where the case becomes subject to further action, or
where an additional child is to be the focus of further related
proceedings.
6.2
The Practitioner may be asked from time to time by
CAFCASS to undertake other tasks as specified under a Purchase Order.
The Practitioner has no obligation to accept such requests.
7 FEES AND CHARGES
7.1
CAFCASS shall pay the Practitioner on the basis of an
hourly rate in respect of each Purchase Order, the rate to be agreed
prior to the execution of any Purchase Order.
7.2
For each Purchase Order there will be an agreed hourly
rate to include Professional Time, waiting time and travelling time.
These hourly rates are to be agreed nationally, and will be subject to
a London weighting. Any alterations to these hourly rates will only
apply to Purchase Orders which are executed after the amendments are
notified to the Practitioner by CAFCASS.
7.3
During the term of each Purchase Order there will be an
agreed mileage allowance and/or travel expenses paid at cost for
journeys made in the pursuance of a Purchase Order. Any alterations to
the mileage allowance, or the basis for calculating travel expenses,
will only apply to Purchase Orders which are executed after the
amendments are notified to the Practitioner by CAFCASS.
7.4
The Practitioner will invoice CAFCASS in writing for
Services rendered on completion of any Purchase Order or at three
monthly intervals. Payments shall be made within 10 working days of
CAFCASS receiving the invoice. Where a Practitioner is VAT registered. VAT will be payable in addition.
7.5
The Practitioner will provide CAFCASS with an estimate of
remaining costs for any Purchase Order whose costs have reached 20%
above the average cost in the Region for that type of Purchase Order.
8 ABSENCE
8.1
Where the Practitioner is appointed under a Purchase Order or
Purchase Orders, he must notify CAFCASS if he is going to be unable to
provide Services due to sickness or injury. CAFCASS may then make
application to Court to have the Practitioner removed from his ongoing
cases, and ensure that a replacement Practitioner is appointed
9 CONFIDENTIALITY
9.1
The Practitioner shall keep confidential all information
relating to the subject matter of the Purchase Order which may come
into the Practitioner’s possession as a result of the
Practitioner’s provision of Services to CAFCASS, and shall not allow
to be published the same to any person without lawful reason or the
consent in writing of CAFCASS, or the Court.
9.2
Clause 9.1 does not restrain the disclosure of any
information: -
9.2.1
in confidence to the Practitioner’s professional advisers for
the purpose of obtaining advice;
9.2.2
that is in or enters the public domain other than through
breach of this Agreement or any Purchase Order.
10
PERSONAL FINANCE
10.1
The Practitioner hereby agrees that he is self employed, and
shall be fully responsible for any claim by the Inland Revenue or any
other authority in respect of any income tax and National Insurance
Contributions arising from or payable in connection with the
performance of this Agreement or any Purchase Order.
10.2
The Practitioner must ensure that he has adequate professional
indemnity insurance cover.
10.3
The Practitioner must provide his own resources to enable
performance of the Services.
11
COMPLAINTS
11.1
The Practitioner must comply with the complaints procedure if
invoked by any party to family proceedings to which the Practitioner
has been appointed.
11.2
If CAFCASS receives a complaint about the Practitioner it
will be dealt with in accordance
with its complaints procedure in force from time to time. The
Practitioner must comply with any investigation into complaints made
regarding or in connection with the Services provided. Any amendments
to the complaints procedure will only apply to Purchase Orders which
are executed after the amendments are notified to the Practitioner by
CAFCASS.
11.3
Any financial loss suffered by the Practitioner as a
result of any complaint of which the Practitioner is found to be
innocent or of any complaint which is found to be frivolous or
vexatious will be indemnified by CAFCASS in line with the hourly rates
set out in Clause 7.
11.4
CAFCASS will not interfere directly with the conduct of
operations performed by the Practitioner during the period of this
Agreement, although a Purchase Order or Purchase Orders may be
terminated in line with the terms of Clause 13.
11.5
The Practitioner may appeal in writing to the CAFCASS
Board about any decision to terminate this Agreement or to terminate
any Purchase Order. A further appeal may be made by the Practitioner
to a single arbitrator to be agreed upon by the parties or in default
of agreement to be nominated by the president for the time being of
the Chartered Institute of Arbitrators in accordance with the
Arbitration Act 1996 or any statutory modification or re-enactment of
it for the time being in force.
11.6
The Practitioner has the right to have legal
representation at any complaints hearing or appeal hearing.
12
APPRAISAL
12.1
Once each calendar year, CAFCASS will appraise the
Practitioner’s conduct of the Services in respect of maintaining
professional standards and contractual obligations only. Standards
will be monitored through a review procedure determined by CAFCASS.
The Practitioner must comply fully with this procedure and Purchase
Order, and there will be an agreed fee to the Practitioner to comply
with this procedure.
12.2
The Practitioner must assist as fully as possible with
any inspection carried out by the Magistrates Courts Service
Inspectorate and any internal audit procedure set out by CAFCASS, and
there will be an agreed fee for the Practitioner to assist with such
inspection or audit procedure.
13 TERMINATION
13.1
CAFCASS shall be entitled to make an application to the Court
in line with the Rules of Court to remove the Practitioner from any
appointment, and to terminate this Agreement and any Purchase Order or
Purchase Orders immediately and without notice in writing
(notwithstanding that CAFCASS may have allowed any time to elapse or
on a former occasion may not have enforced its right under this
clause) if the Practitioner : -
(a)
is sectioned under s.2 or s.3 of the Mental Health Act 1983;
(b)
behaves negligently and persists in such behaviour after being
duly warned in writing by CAFCASS;
(c)
becomes bankrupt;
(d)
is found guilty of any offence set out in Schedule 1 Sex
Offenders Act 1997.
14 PRIOR AGREEMENTS
14.1
This Agreement cancels and is in substitution for all
previous letters of engagement, agreements and arrangements whether
written or oral relating to the subject matter between CAFCASS and the
Practitioner all of which shall be deemed to have terminated by mutual
consent.
15 NOTICES
15.1 Any
notice to be served on either the Practitioner or CAFCASS by the
other, shall be sent by prepaid Special Delivery mail to the address
of the relevant party shown at the head of this agreement or by
facsimile transmission, and shall be deemed to have been received by
the addressee within 72 hours of posting or 24 hours if sent by
facsimile transmission to the correct facsimile number of the
addressee.
16 WAIVER
16.1
The failure by either party to enforce at any time or for any
period, any one or more of the terms and conditions of this Agreement
shall not be waiver of the right to subsequently enforce all terms and
conditions of this Agreement.
17 APPLICABLE LAW
17.1
This Agreement shall be governed and construed and take effect
in accordance with English and Welsh law.
18
ARBITRATION
18.1
All disputes or differences which shall at any time arise
between the parties whether during the term or afterwards touching or
concerning this agreement or its construction or effect or the rights
duties or liabilities of the parties under or by virtue of it or
otherwise or any other matter in any way connected with or arising out
of the subject matter of this agreement may be referred to a single
arbitrator to be agreed upon the parties or in default of agreement to
be nominated by the president for the time being of the Chartered
Institute of Arbitrators in accordance with the Arbitration Act 1996
or any statutory modification or re-enactment of it for the time being
in force.
SIGNED by [SIGNATORY] for
and on behalf of CHILD AND
FAMILY COURT ADVISORY AND SUPPORT SERVICE
SIGNED
by [PRACTITIONER]
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