Common use of FAIR DEALINGS Clause in Contracts

FAIR DEALINGS. The Partners recognise that it is impracticable to make provision for every contingency which may arise during the life of this Agreement and they declare it to be their intention that this Agreement shall operate between them with fairness and without detriment to the interests of either of them and that if in the course of the performance of this Agreement, unfairness to either of them does or may result then the other shall use its reasonable endeavours to agree upon such action as may be necessary to remove the cause or causes of such unfairness. This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it. Schedule 1 Aims and Outcomes General Overview Occupational Therapy is a profession concerned with promoting health and wellbeing through occupation. The primary goal of Occupational Therapy is to enable people to participate in the activities of everyday life. Occupational Therapists achieve this outcome by enabling people to do things that will enhance their ability to participate or by modifying their environment to better support participation. This partnership agreement sets out the arrangements between Lancashire County Authority, Adult and Community Services and the Community Occupational Therapy Service at East Lancashire Hospitals NHS Trust in relation to specialist Occupational Therapy assessments to support the provision of equipment and adaptations. Aims • To provide an integrated approach to the delivery of specialist assessments for equipment and adaptations and NHS funded therapy rehabilitation. • To undertake a full assessment in order to identify the essential needs of people with physical and/or sensory disabilities. • To provide the most appropriate solution to service users' needs by taking into account individual circumstances in a person-centred way and available resources. • To maintain or increase the functional independence of people within their own homes by giving advice on available options and providing equipment and/or adaptations. • To provide education, information and choice to support the individual and others involved in their care, and enable care to be provided safely. Expected Outcomes • Improve ability and participation in everyday activities including work, leisure, community and education. • Prevent unnecessary disability resulting from disease, illness or accidents. • Prevent unnecessary hospital admissions e.g. falls prevention. • Reduce anxiety and fear. • Enable early discharge home from hospital. • Facilitate self-management of long term conditions. • Maximise independence, quality of life and ability of people to remain at home. Schedule 2 Services in scope Services that will be provided The service primarily relates to the provision of specialist assessments for community equipment and adaptations, which is a statutory responsibly of the Authority under the Chronically Sick and Disabled Persons Act 1970. The Occupational Therapy service will provide high quality assessments and interventions to adults and older people in East Lancashire who have complex needs, to include: • Customised intervention programmes to improve ability to perform activities of daily living by the recommendation of appropriate equipment and/or adaptations. • Comprehensive home and environmental assessments and adaptations • Advice and information with regard to enhancing quality of life. • Demonstrating and instructing in the use of community equipment. • Guidance to family members and care-givers. • Use of assistive technology e.g. telecare, environmental controls and powered mobility equipment. This Agreement applies to all adults (18 years and above) with residency within the local Authority boundaries for Burnley, Pendle, Rossendale, Hyndburn and Ribble Valley as identified by the Authority as being appropriate to receive an assessment under the partnership agreement. The following types of referrals will be included: • Long term very complex cases. • Allocated to give consistency of Therapists. • Referral identified by the Trust as requiring funding by the Authority for assessment for special equipment or Disabled Facilities Grant. • Palliative or end of life cases with complex needs. • Mental health and learning disability cases with very complex needs. • Complex rapidly deteriorating conditions (e.g. motor neurone disease). The Occupational Therapy Service at the Trust to be paid by the Authority to provide 100 specialist assessments per month. Qualified Occupational Therapists who undertake work as part of this agreement will be registered with the Health Professions Council and will provide evidence on a regular basis to demonstrate that they meet the requirements for full registration. They will abide by the College of Occupational Therapist's Code of Conduct and Standards for Practice, including Professional Standards for the delegation of work to appropriately trained non-qualified Occupational Therapy staff. The activity undertaken by the Occupational Therapy Service will include assessments, joint visits with companies and partner agencies to reach agreed outcomes, fitting and demonstration visits. Other associated work would include monitoring and development work with local authorities and housing associations to ensure the appropriate outcomes for service users. All referrals will be managed by the Authority and allocated to the Trust based on jointly agreed protocols. As referral types and priorities will vary over time the Trust must be able to offer a flexible approach to service delivery and staff deployment. As part of an integrated and person-centred approach to service delivery the Trust will give full consideration to the provision of NHS funded therapy rehabilitation alongside or instead of the provision of equipment and adaptations. The management of the service will be the responsibility of the Trust. All assessments will be completed within 28 days of referral to the Trust by the Authority. A target figure of 100% is required expect where a delay has occurred outside the control of the Trust e.g. delay due to service user choice. Full assessments and relevant information will be recorded electronically using IT systems as directed by the Authority. The current requirement is for this to be done using the Authority's ISSIS system and OT module. Quarterly review meetings will take place to ensure that the service is operating effectively and in accordance with the partnership agreement. All equipment requiring fitting by the Occupational Therapy Service is to be completed within a target of 8 days, with the information being recorded using an appropriate monitoring system. Eligibility for the service Individuals assessed as needing equipment and adaptations under the Chronically Sick and Disabled Persons Act 1970 should meet the Authority's eligibility threshold under Fair Access to Care Services currently set at 'Substantial'. Eligibility for Disabled Facilities Grant under relevant Housing legislation. Location of Service The Trust is free to locate its services as it sees fit as long as equality of access is maintained wherever a person may live in East Lancashire. Service assessment and delivery will take place within the service user's home environment or other appropriate environment. Schedule 3 Contributions

FAIR DEALINGS. The Partners recognise that it is impracticable to make provision for every contingency which may arise during the life of this Agreement and they declare it to be their intention that this Agreement shall operate between them with fairness and without detriment to the interests of either of them and that if in the course of the performance of this Agreement, unfairness to either of them does or may result then the other shall use its reasonable endeavours to agree upon such action as may be necessary to remove the cause or causes of such unfairness. This document has been executed as a deed and is delivered and takes effect on the date stated at the beginning of it. Schedule 1 Aims and Outcomes General Overview Occupational Therapy is a profession concerned with promoting health and wellbeing through occupation. The primary goal of Occupational Therapy is to enable people to participate in the activities of everyday life. Occupational Therapists achieve this outcome by enabling people to do things that will enhance their ability to participate or by modifying their environment to better support participation. This partnership agreement sets out the arrangements between Lancashire County Authority, Adult and Community Services and the Community Occupational Therapy Service at East Lancashire Hospitals NHS Trust in relation to specialist Occupational Therapy assessments to support the provision of equipment and adaptations. Aims • To provide an integrated approach to the delivery of specialist assessments for equipment and adaptations and NHS funded therapy rehabilitation. • To undertake a full assessment in order to identify the essential needs of people with physical and/or sensory disabilities. • To provide the most appropriate solution to service users' needs by taking into account individual circumstances in a person-centred way and available resources. • To maintain or increase the functional independence of people within their own homes by giving advice on available options and providing equipment and/or adaptations. • To provide education, information and choice to support the individual and others involved in their care, and enable care to be provided safely. Expected Outcomes • Improve ability and participation in everyday activities including work, leisure, community and education. • Prevent unnecessary disability resulting from disease, illness or accidents. • Prevent unnecessary hospital admissions e.g. falls prevention. • Reduce anxiety and fear. • Enable early discharge home from hospital. • Facilitate self-management of long term conditions. • Maximise independence, quality of life and ability of people to remain at home. Schedule 2 Services in scope Services that will be provided The service primarily relates to the provision of specialist assessments for community equipment and adaptations, which is a statutory responsibly of the Authority under the Chronically Sick and Disabled Persons Act 1970Xxx 0000. The Occupational Therapy service will provide high quality assessments and interventions to adults and older people in East Lancashire who have complex needs, to include: • Customised intervention programmes to improve ability to perform activities of daily living by the recommendation of appropriate equipment and/or adaptations. • Comprehensive home and environmental assessments and adaptations • Advice and information with regard to enhancing quality of life. • Demonstrating and instructing in the use of community equipment. • Guidance to family members and care-givers. • Use of assistive technology e.g. telecare, environmental controls and powered mobility equipment. This Agreement applies to all adults (18 years and above) with residency within the local Authority boundaries for Burnley, Pendle, Rossendale, Hyndburn and Ribble Valley as identified by the Authority as being appropriate to receive an assessment under the partnership agreement. The following types of referrals will be included: • Long term very complex cases. • Allocated to give consistency of Therapists. • Referral identified by the Trust as requiring funding by the Authority for assessment for special equipment or Disabled Facilities Grant. • Palliative or end of life cases with complex needs. • Mental health and learning disability cases with very complex needs. • Complex rapidly deteriorating conditions (e.g. motor neurone disease). The Occupational Therapy Service at the Trust to be paid by the Authority to provide 100 specialist assessments per month. Qualified Occupational Therapists who undertake work as part of this agreement will be registered with the Health Professions Council and will provide evidence on a regular basis to demonstrate that they meet the requirements for full registration. They will abide by the College of Occupational Therapist's Code of Conduct and Standards for Practice, including Professional Standards for the delegation of work to appropriately trained non-qualified Occupational Therapy staff. The activity undertaken by the Occupational Therapy Service will include assessments, joint visits with companies and partner agencies to reach agreed outcomes, fitting and demonstration visits. Other associated work would include monitoring and development work with local authorities and housing associations to ensure the appropriate outcomes for service users. All referrals will be managed by the Authority and allocated to the Trust based on jointly agreed protocols. As referral types and priorities will vary over time the Trust must be able to offer a flexible approach to service delivery and staff deployment. As part of an integrated and person-centred approach to service delivery the Trust will give full consideration to the provision of NHS funded therapy rehabilitation alongside or instead of the provision of equipment and adaptations. The management of the service will be the responsibility of the Trust. All assessments will be completed within 28 days of referral to the Trust by the Authority. A target figure of 100% is required expect where a delay has occurred outside the control of the Trust e.g. delay due to service user choice. Full assessments and relevant information will be recorded electronically using IT systems as directed by the Authority. The current requirement is for this to be done using the Authority's ISSIS system and OT module. Quarterly review meetings will take place to ensure that the service is operating effectively and in accordance with the partnership agreement. All equipment requiring fitting by the Occupational Therapy Service is to be completed within a target of 8 days, with the information being recorded using an appropriate monitoring system. Eligibility for the service Individuals assessed as needing equipment and adaptations under the Chronically Sick and Disabled Persons Act 1970 should meet the Authority's eligibility threshold under Fair Access to Care Services currently set at 'Substantial'. Eligibility for Disabled Facilities Grant under relevant Housing legislation. Location of Service The Trust is free to locate its services as it sees fit as long as equality of access is maintained wherever a person may live in East Lancashire. Service assessment and delivery will take place within the service user's home environment or other appropriate environment. Schedule 3 Contributions

FAIR DEALINGS. 41.1 The Partners recognise that it is impracticable to make provision for every contingency which may arise during the life of this Agreement and they declare it to be their intention that this Agreement shall operate between them with fairness and without detriment to the interests of either any of them and that if in the course of the performance of this Agreement, Agreement unfairness to either any of them does or may result then the other others shall use its reasonable endeavours to agree upon such action as may be necessary to remove the cause or causes of such unfairness. This document has been THIS DOCUMENT is executed as a deed and is delivered and takes effect on the date stated at the beginning of itthe deed. Schedule THE COMMON SEAL of WEST SUSSEX COUNTY COUNCIL was affixed to this Deed in the presence of Authorised signatory: SIGNED on behalf of NHS Sussex Integrated Care Board by Signature Name Xxxxxx Xxxxxxxx Position Chief Finance Officer SCHEDULE 1 Aims and Outcomes General Overview Occupational Therapy is a profession concerned with promoting – PARTNERSHIP AIMS AND OUTCOMES PARTNERSHIP OBJECTIVE To improve the health and wellbeing of people in West Sussex by transforming the health and social care system through occupationthe delivery of integrated, high quality, cost effective, evidence based, and needs led services, as close to home as possible, which meet individual and community health and social care needs. The primary goal PARTNERSHIP AIMS By working together, the Partnership aims to: • Deliver individuals/patients/customers outcomes, West Sussex health and social care system outcomes and national outcomes. • Maximise the efficiency of Occupational Therapy is health and social care services and the effective use of the health and social care resources. • To facilitate the delivery of national and local plans, directives and policy directions in the most cost effective way, maximising use of health, social care, community and individual assets and resources. • Work together in an open, transparent and respectful way, to enable people to participate the seamless joint commissioning of health and social care services. • Pro-actively encourage, facilitate and support the engagement and involvement of Service Users and carers in the activities planning, co-design and review of everyday life. Occupational Therapists achieve this outcome by enabling people to do things that will enhance their ability to participate or by modifying their environment to better support participation. This partnership agreement sets out the arrangements between Lancashire County Authority, Adult health and Community Services and the Community Occupational Therapy Service at East Lancashire Hospitals NHS Trust in relation to specialist Occupational Therapy assessments to support social care services • Arrange for the provision of equipment accessible person centred health and adaptations. Aims • To provide an integrated approach social care services, in line with the Joint Strategic Needs Assessment, which are flexible and responsive to the delivery needs of specialist assessments for equipment and adaptations and NHS funded therapy rehabilitationlocal Service Users. • To undertake a full assessment Ensure equality of access to, and delivery of, health and social care services for all groups in order to identify the essential community, tackling inequalities and ensuring the needs of people with physical and/or sensory disabilitiesprotected characteristics are met. • To provide Work collaboratively with all local agencies, groups and communities involved in the most appropriate solution delivery of health and social care services to service users' needs by taking into account individual circumstances promote positive social, environmental and economic change in a person-centred way and available resourcesthe local area. • To maintain or increase the functional independence of people Work within their own homes by giving advice on available options a robust legal, financial and providing equipment and/or adaptations. • To provide education, information and choice to support the individual and others involved in their care, and enable care to be provided safely. Expected Outcomes • Improve ability and participation in everyday activities including work, leisure, community and education. • Prevent unnecessary disability resulting from disease, illness or accidents. • Prevent unnecessary hospital admissions e.g. falls prevention. • Reduce anxiety and fear. • Enable early discharge home from hospital. • Facilitate self-management of long term conditions. • Maximise independence, quality of life and ability of people to remain at home. Schedule 2 Services in scope Services that will be provided The service primarily relates to the provision of specialist assessments for community equipment and adaptations, which is a statutory responsibly of the Authority under the Chronically Sick and Disabled Persons Act 1970. The Occupational Therapy service will provide high quality assessments and interventions to adults and older people in East Lancashire who have complex needs, to include: • Customised intervention programmes to improve ability to perform activities of daily living by the recommendation of appropriate equipment and/or adaptations. • Comprehensive home and environmental assessments and adaptations • Advice and information with regard to enhancing quality of life. • Demonstrating and instructing in the use of community equipment. • Guidance to family members and care-givers. • Use of assistive technology e.g. telecare, environmental controls and powered mobility equipment. This Agreement applies to all adults (18 years and above) with residency within the local Authority boundaries for Burnley, Pendle, Rossendale, Hyndburn and Ribble Valley as identified by the Authority as being appropriate to receive an assessment under the partnership agreement. The following types of referrals will be included: • Long term very complex cases. • Allocated to give consistency of Therapists. • Referral identified by the Trust as requiring funding by the Authority for assessment for special equipment or Disabled Facilities Grant. • Palliative or end of life cases with complex needs. • Mental health and learning disability cases with very complex needs. • Complex rapidly deteriorating conditions (e.g. motor neurone disease). The Occupational Therapy Service at the Trust to be paid by the Authority to provide 100 specialist assessments per month. Qualified Occupational Therapists who undertake work as part of this agreement will be registered with the Health Professions Council and will provide evidence on a regular basis to demonstrate that they meet the requirements for full registration. They will abide by the College of Occupational Therapist's Code of Conduct and Standards for Practice, including Professional Standards for the delegation of work to appropriately trained non-qualified Occupational Therapy staff. The activity undertaken by the Occupational Therapy Service will include assessments, joint visits with companies and partner agencies to reach agreed outcomes, fitting and demonstration visits. Other associated work would include monitoring and development work with local authorities and housing associations governance framework to ensure the appropriate outcomes for service users. All referrals will be managed by the Authority delivery of health and allocated to the Trust based on jointly agreed protocols. As referral types and priorities will vary over time the Trust must be able to offer a flexible approach to service delivery and staff deployment. As part of an integrated and person-centred approach to service delivery the Trust will give full consideration to the provision of NHS funded therapy rehabilitation alongside or instead of the provision of equipment and adaptations. The management of the service will be the responsibility of the Trust. All assessments will be completed within 28 days of referral to the Trust by the Authority. A target figure of 100% is required expect where a delay has occurred outside the control of the Trust e.g. delay due to service user choice. Full assessments and relevant information will be recorded electronically using IT systems as directed by the Authority. The current requirement is for this to be done using the Authority's ISSIS system and OT module. Quarterly review meetings will take place to ensure that the service is operating effectively and in accordance with the partnership agreement. All equipment requiring fitting by the Occupational Therapy Service is to be completed within a target of 8 days, with the information being recorded using an appropriate monitoring system. Eligibility for the service Individuals assessed as needing equipment and adaptations under the Chronically Sick and Disabled Persons Act 1970 should meet the Authority's eligibility threshold under Fair Access to Care Services currently set at 'Substantial'. Eligibility for Disabled Facilities Grant under relevant Housing legislation. Location of Service The Trust is free to locate its social care services as it sees fit as long as equality of access is maintained wherever a person may live set out in East Lancashire. Service assessment and delivery will take place within the service user's home environment or other appropriate environment. Schedule 3 Contributionsthis agreement.