Privacy Notice

Terms & Conditions

PRIVACARE LTD

This document includes our detailed terms and conditions so you are free to make an informed choice whether our service is right for you. We are committed to be open and
honest with the introductory service we provide.

Please read the following terms and conditions (terms) carefully as they contain important information, which form the contract between you and Privacare Ltd. If there is anything in these terms that is not clear to you about which you require further explanation, please contact us without delay. These are the terms of business by which you accept the introductory services of Privacare Ltd. By returning the signed registration form you accept these conditions.

View Our Safeguarding clients at risk of abuse

View Our Medicines Management Guidance

View Our Lone worker policy

View Our Compliments and Complaints Policy

View Our Privacy policy

1. Privacare Services

No 16724642), registered in England and Wales with registered office at 16 Freeland Park, Wareham Road, Lytchett Matravers, Poole, Dorset BH16 6FH. You can also contact by email to info@privacare.co.uk or you can call us on 01202 143921 If we need to contact you then we will email you at the email address associated with your account. We may also write to you at your postal address. If we need to speak to you urgently then we may call, text or WhatsApp message you. In return for you paying the charges set out in our pricing schedule, The agency role is to simplify the process of finding a private carer by connecting you with to pre-screened pool of self-employed carers who are able to provide you with Live-in care services. As a simply introduction service provider we are not required to be registered with The Care Quality Commission (CQC), our services are limited to making introductions to suitable carers (see section (3) below). In the event that we make an introduction and you choose to engage the carer on an assignment (see section (4) below), the carer will be engaged by and work directly for you and will not be managed by Privacare Ltd. All arrangements regarding, direction of care, rates of pay, time off and hours worked should be made between the carer and you (the client). In all cases you should make sure that the correct arrangements are in place before commencing any assignment. We match an appropriate carer to a client based solely on the client’s needs. We do not unlawfully discriminate based on age, disability, gender reassignment, race, colour, religion or belief, marriage and civil partnership, pregnancy and maternity or sexual orientation. Whilst we endeavour to meet your requirements, we cannot guarantee to introduce you to a carer who can drive or one who is locally based.

Service we provide:

Introduce potential self-employed carers
Continuous introduction service (The agency endeavours to Introduce potential replacement carers as and when requested by the client)
Makes reasonable efforts to check the identity and information provided by carers. This includes visual checks included but not limited to:
Verify a carers identity via identity check service provided through TRUST ID (identity documentation technology (IDVT) from a leading certified DVS/IDSP. Trusted identity checks with clear results)
Passport (confirm the identity and their right to live and work in the UK)
Existing enhanced DBS checks.
Request proof of experience, training, qualifications, authorisation and suitability for the position for which they are applying for.
Following up on references of carers
Telephone interview
Proof of public liability insurance

Privacare Ltd does not fully check but does provide some level of audit over carers:

Stated qualifications and training certificates (where available)
References from previous employers
Insurance certificate

Whilst Privacare Ltd telephone interviews every carer registered with the agency, Privacare Ltd is not responsible for, nor has any control over, the quality, punctuality, legality, reliability, responsibility, integrity or suitability the carers. We do not manage your chosen carer once they begin working for you. The agency does not manage the care plan, rota, or the carers day-to-day activities. The primary care agreement is between the client and carer. Privacare Ltd recommends that clients carry out their own assessment of a care’s suitability before engaging in a contract with them. Clients can request to contact a carer’s references before hiring them. We encourage clients to take advantage this opportunity to gain more information about the carer’s experience and suitability for their specific needs. The Client, Care recipient, family and carer manger the care plan, rotas, and day-to-day aspects of the care provision and not Privacare Ltd. Carers are self employed and not employees of Privacare Ltd. The agency does not:

Employ carers
Act as an employment or care agency
Manage or make changes to care plans
Exercise control over the pricing or delivery of care.

2. Registration process

The agency will use and rely upon the information we receive from you and your information provided in your registration form to determine the level of care you are likely to require, as well as identify and introduce a suitable carer. You must therefore supply us with all the information that may be relevant to the needs you require. It is the responsibility of the client and their representatives, to inform us, and the carers, of any lasting power of attorney (LPA) implications, allergies, medical needs and do not resuscitate (DNR) wishes. If you are in any doubt about whether something is relevant, you should tell us, and we will decide whether it is relevant or not. We may (in our sole discretion) decide that:

the services you require or request are too complex or unreasonable;
you have failed to provide sufficient information in order for us to identify and introduce a suitable carer; and/or
we do not have (and are unlikely to locate) suitable carers to meet your requirements.

3. Introductions

In return for you paying the service charges set out in our pricing schedule and based upon the information we receive from you and in your registration form, Privacare will introduce you to a pre-screened, self- employed carer who is able to provide you with the general services of a domiciliary care worker or personal care assistant. This is called an introduction. The carers are self-employed and as a result, we cannot guarantee:

to find a suitable carer for you;
that a carer will agree your preferred terms for an assignment
the time, place or duration of any assignment;
continuous service delivery from the same carer for multiple assignments; or
the carers’ performance of the personal care and support services.

Each carer is responsible for deciding whether to agree to an assignment, the terms on which they agree to work for you and how they deliver those services to you. Our office staff can provide guidance about how to reach an agreement with the carer we introduce but the agreed arrangements for each assignment are determined by you and the carer. Carers should only participate in care activities they are trained to deliver. Proof of training should be requested by you, for any additional tasks required by the carer. Those who have trained as nurses and those who are currently registered or previously registered with the Nursing and Midwifery Council, should note that they are introduced to you as potential carers only. The client enters a direct contract with the self-employed carer. The carer is a self- employed individual who invoices you for their services. The client is directly responsible for paying the carers fees and any associated travel costs.

4. Assignments

The carers we introduce to you are not employed by us but work on their own behalf to deliver the care you require for a set period of time, which is called an assignment. Both you and the carer must keep us informed of each assignment that you agree and notify us before the assignment starts. You (the client) will engage the carer to provide services to you based on the terms agreed between you and the carer.

Taking breaks

As a minimum, we suggest that you give the carer a two-hour break each day at a time agreed between you and the carer. The carer should be able to leave your home during that time. If this is not suitable, arrangements should be made to have alternative cover over this time off.
As part of the registration process the client must provide an estimate of the average daily hours of care required. Typically, carers we introduce stay with the client throughout the day and night but are only expected to deliver the level of care work agreed during the registration process, as this is the basis on which the introductions are made. At any point, should the carer be required to
deliver care for more than agreed at the outset of the assignment, the carer, the client, or their representative, can request that we introduce the client to an additional carer (for these extra hours of service delivery) and update the client’s record. This enables us to take the revised level of care into account when we are asked to provide the next introduction. Alternatively, the client
and the carer may amend their arrangements to cover the additional care and update us so that we can keep the client’s record up to date for future introductions. The level of care required could change within the duration of an assignment, or between assignments, and (where you or the carer notify us of a change in your care needs during or between assignments), we reserve
the right to introduce a different carer to you for the next introduction. Please be aware there could be additional cost implications as a result of a change in carer or a change to the terms of your next assignment.

Assistance during the night

If you need assistance during the night, appropriate night care can be arranged with a suitable carer. It is for you to agree the arrangements with your carer. We suggest that our self-employed live-in carers can be expected to get 8 hours rest during the night, but it is not uncommon for a carer to be woken once during the night to deliver care. Typically, where a carer is woken up more than once during the night they will charge a fee. The suggested fees are outlined in the pricing schedule and may vary depending on the number of times the carer is woken during the night. We should be informed if regular waking occurs, so we can introduce the client to an additional carer (for these extra hours of service delivery) if required and update the client’s record. This enables us to take the revised level of care into account when we are asked to provide the next introduction. Alternatively, the client and the carer may amend their arrangements to cover the additional care and update us so that we can keep the client’s record up to date for future introductions. Contingency: The client must arrange for a replacement care in case of the carers illness or absence (we can assist with this by introducing new potential carers at short notice). Code of conduct: You commit not to discriminate against a carer based on race, nationality, disability, gender, religious grounds, or any other potential source of discrimination. In addition, you represent and warrant that you and each member of your household or household in which the carer will, at any point , be expected to work, have never been the subject of a complaint, retraining order or any other legal action involved with being arrested for, charged with, or convicted of any criminal offence involving violence, abuse, neglect, theft or fraud. Or any offence that involves endangering the safety of others, dishonesty, negligence or drugs, and are not nor have ever been on the sex offenders register or other similar lists.

5. Our fees explained

You should received a copy of our pricing schedule contained in the registration pack, which is also available upon request from one of our office team. Statutory bank holidays (i.e Christmas Day, Boxing day, New years day, Good Friday, Easter Monday, May day, spring and autumn bank holidays) carer fees are charged at 2x the standard rate. Agency fees remain at the standard rate. We will notify you in writing at least 1 month prior to any changes to the pricing schedule before they take effect.

Registration fee/Agency fee

To complete the registration process, We do not charge a registration fee to join Privacare Ltd, you will only commence paying a weekly agency fee once you confirm that you wish to choose to engage a carer on an assignment. (as set out in the pricing schedule).
The fee covers our costs incurred for carrying out an initial consultation to understand your circumstances, preferences and support needs in the preparation for recommending a suitable carer and where we introduce you to a carer and this results in you agreeing an

assignment with them, you will pay us a fee for each week of the assignment (even if the carer is the same as one we have previously introduced to you). This fee is payment for:

Our using reasonable efforts to identify and select potential carers based on the information provided by you;
Our making all reasonable efforts to check the suitability of the carer, including obtaining proof of Disclosure and Barring Service enhanced disclosure and taking up references;
Our making the introduction to you with a view to you and the carer arranging an assignment or multiple assignments;
Our providing you with recommended rates of pay and guidance for agreeing the terms of the assignment;
Providing you with central office support to answer your general queries, respond to feedback on the carers and to provide new introductions upon request.

6. Payment terms

Payment is due to Privacare Ltd by the due date of the invoice. Payment is accepted by BACS only. Privacare Ltd does not accept cheques or cash payments to settle agency fees. If payment is late, we reserve the right to:

Notify you of the sums outstanding and confirm that payment is due within 7 days of our notice or this agreement may be terminated.
Refuse to provide new introductions, until payment has been made in full;
Cancel this agreement; and engage a third party and/or commence legal action to recover outstanding fees.The carer’s fees are paid directly to the carer by you (see section [7] below).

7. The carer’s fee for the assignment and expenses explained

The carer will be engaged by and work directly for you. All arrangements regarding their pay (typically on an hourly or daily rate), time off and hours worked should be made between the carer and you, the client, and you will pay them directly for those services. Unless agreed otherwise, the carer will present you with a bill for the amounts you have to pay weekly, or at the end of the assignment if a shorter period (such as a night visit or an hourly visit). We suggest that you pay the carer directly on receipt of their bill; we suggest that this payment should be made by BACS or cheque as we do not recommend you pay carers in cash. Carers typically review their fees annually. However, they may also be reviewed to reflect changing needs as required. The carer is responsible for paying and...

Reporting their own tax and National Insurance contributions. We recommend that (where fees are greed on a daily rate) you agree with the carer that:
You are responsible for a half day fee on the day of arrival and departure based on a midday handover of approximately one hour, though this fee and the timings are variable and agreed between carer and client.
If the carer is unable to complete the requested assignment length, then we recommend they are only paid half of the daily rate for the day they arrive and the day they leave.
In exceptional circumstances, if the carer is travelling directly to you from a previous Privacare Ltd assignment, or departing to another assignment, on the same day, you should be responsible for paying half of the daily rate for that day, irrespective of the time of arrival or departure.

You should be aware that during bank holidays, carer fees are charged at 2x the standard rate. Agency fees are charged at the normal standard rate.Travel expenses: Carers will incur travel costs to get to the assignment and we recommend that these are covered by you, at a rate agreed in advance.

As guidance, we advise:

For live-in assignments, a charge equal to a second-class rail fare from, the carer’s starting location (or other location as agreed).
For travel mileage by car, an agreed starting location to and from the assignment, or an agreed travel distance. Mileage rate in line with HMRC guidelines.

Our carers typically expect the travel expenses they incur on their journey to you, to be paid to them in their first invoice. The payment process and amounts should be agreed directly with the carer in advance. Food, drink and other costs: All arrangements regarding additional expenses should be made between the carer and you, the client. Telephone and wifi: We inform carers that we advise that clients’ phones should not be used for personal calls unless otherwise agreed. However, we suggest that you permit the carers to telephone Privacare Ltd at any time and make calls in an emergency. We would not recommend it, but if you give a carer permission to use the telephone, or household services, such as wifi or paid-for television/online services, arrangements should be made between you and the carer as to reimbursement. Privacare Ltd will not be responsible for any monies owed.

8. Client and representative

Only a person with a lasting power of attorney or deputyship order has legal authority to act on your behalf. However, if you do not have either a lasting power of attorney or a deputy, you can designate a representative with whom we can discuss your requirements and preferences, in confidence. You must tell us without delay if you no longer wish us to discuss your circumstances
with them. Where you and your representative have agreed that they will arrange assignments and/or make payments for our services, it is important that they understand the following. In consideration of Privacare’s delivering the introductory services to the client, the representative acknowledges and agrees to pay our fees in accordance with our payment terms in sections [5]
and [6]. The representative agrees that their obligation to pay our fees is a primary obligation (not a guarantee if the client does not pay the fees) and therefore they will be obliged to pay the fees without us first having to recover the fees from the client. We shall not be entitled to recover the same fees twice and therefore we shall not:

be entitled to recover any fees from the representative under this contract which have already been paid by the client; or
be entitled to recover any fees from the client which have already been paid by the representative.

9. Insurance and liability

You are responsible for ensuring the information you provide to us is sufficiently detailed, accurate and up to date. We are responsible for confirming that a carer is suitable for an introduction, based on the information provided to us by you and your representative (including the details in your registration form), the information provided to us by the carer (including their references) and the questions you ask about the carer’s suitability. We verify all carers have UK work visas and valid DBS (Disclosure and Barring Service) certification. We will not introduce you to a self-employed carer where a DBS has or is due to expire during the assignment. Each carer is self-employed and engaged directly by you. You are responsible for directing how they deliver the personal care and support services to you. Privacare Ltd agency cannot accept any responsibility for any loss or damage for which you, the client, might become liable, arising from the act or omission of any carer. You are also responsible for confirming the carer has relevant liability insurance, and should you engage a carer without such cover it is at the client’s risk.

Nothing in these terms and conditions reduces or removes your statutory rights. We will compensate you for loss or damage you may suffer if we fail to carry out duties imposed on us by law, unless that failure is attributable to (a)your own fault; (b) act or omission of the carer; (c) a third party unconnected with our services; or (d) events which we could not have foreseen or

prevented even if we had taken all reasonable care. We do not employ or train carers. We recommend that you, request all corresponding training certificates for additional care tasks that maybe required by you and agreed to be carried out by the carer. If the client continues to engage a carer who has not attended this training or once these expire, it would be at the client’s discretion, though we recommend against it. When carers are working in your home, you are responsible for making sure your home environment is safe and for arranging adequate insurance to cover loss or accidental injury. You must have in place adequate public liability and occupier’s liability insurance, and employer’s liability insurance, where appropriate. Any vehicle which is required to be driven by the carers must be appropriately maintained and insured. Before permitting such use, you agree to inspect the carer’s driving licence to ensure that they are allowed to drive the type of vehicle concerned.

10. Cancelling an assignment

You must tell us immediately if you have agreed with the carer to amend, extend or cancel an assignment or vary the type of services you wish to receive from them. This will enable us to update our client records and take your preferences into account when making the next introduction. Before the assignment begins We require you to give us seven days’ notice if you change your mind and wish to cancel an assignment before it is due to commence. Where you cancel with at least seven days’ notice, no fees will be due. If you cancel with less
than seven days’ notice:

you will pay the agency fee for the planned assignment (up to a maximum of seven days); plus
we recommend that you pay any fees you had previously agreed with the carer (up to a maximum of seven days). You should also reimburse the carer for any travel expenses occurred in advance of your notice to cancel; unless, the carer has agreed an alternative assignment, in which case we suggest that you only pay the fees up to the date their new assignment begins. During the assignment - We require you to give us seven days’ notice if you change your mind and wish to cancel an assignment after it has begun. Where you cancel an assignment after it has already started:
you will pay the agency fee for the remainder of the planned assignment (up to a maximum of seven days); and
we recommend that you pay any fees you had previously agreed with the carer (up to a maximum of seven days).

If you regularly or repeatedly cancel assignments, either before they commence or after they start, we reserve the right to refuse to make further introductions to you and cancel this agreement on one week notice. Cancellation by the carer - If the carer leaves of their own choice after an assignment starts, you:

• must pay us the agency fee for the days the carer delivered their services to you; plus
• should pay the agreed rates to the carer for all the days on which the carer provided their services to

you. We will use our reasonable endeavours to find a suitable replacement carer who can deliver the remainder of the assignment, although we cannot guarantee to find one or that the replacement carer will agree to the same terms in respect of their pay, time off and hours worked. In all circumstances where we are able to reallocate the carer to another client, we will not charge you the cancellation fee from the date on which they begin to deliver the services to another client.

11. Cancelling this agreement

If we (in our sole discretion):

Decide that we do not have and are unlikely to locate suitable carers to meet your requirements; and
We have made no introductions to you prior to making that decision; then, we will not charge you the agency fee.

Your right to cancel within the first 7-day ‘cooling off ’ period - You can cancel this agreement immediately and for any reason within the first 7 days. The cancellation period will expire after 7 days from the day this agreement is entered into. To exercise this right to cancel, you must inform
us of your decision to cancel this agreement by a clear statement (e.g. a letter sent by post or email). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period (the first 7-day ‘cooling off ’ period) has expired. When you ask us to begin finding a suitable carer, we incur administrative costs in arranging and preparing the introduction, tailored to your individual care and support needs. Consequently, if you want the introduction process to start within the first 7-day ‘cooling off ’ period, The Agency fee for 7 days will be charged, even if you change your mind and use your right to cancel on immediate notice.

We may terminate this agreement by giving you:
• 7 days written notice (for any reason);
• 7 days’ written notice that you have failed to pay our fees; or
• 7 days’ written notice that we are unable to identify or introduce suitable carers to meet your

requirements.
We operate a zero-tolerance approach to verbal or physical abuse to our office staff
and the carers we introduce. We reserve the right to cancel this agreement with immediate effect in circumstances which (in our reasonable opinion) make continued provision of the introductory services impossible. Such circumstances would include (but are not limited to):

Failure by you or someone else at your home to provide a safe environment and/or appropriate equipment for the carer to deliver personal care and support services to you; harassment; extreme alcohol consumption; unreasonable behaviour; requests that a carer undertake unreasonable or illegal activities; circumstances where we reasonably consider that a carer is likely to be in danger or at risk of injury at your home whilst providing their services to you.

Circumstances we will notify you of our decision and inform the local authority if we believe you

In such require immediate care and support or raise safeguarding concerns to the relevant authority.

This agreement will terminate automatically:

• In the event of your death (in such circumstances, the sums payable will be the same as if you had cancelled an assignment under clause [10]. In all circumstances where we are able to reallocate the carer to another client, we will not charge you the cancellation fee from the date on which they begin to deliver the services to another client.

12.Direct employment or referral of a carer

Our carers are very important to us and our business and we invest significant time into ensuring we have the right carers for our clients who are available for introductions. If you or your representative wish to employ the carer directly or indirectly introduce a carer previously introduced to them by Privacare Ltd (without using our introductory services) you must tell us about this proposed arrangement straight away.If:

• during the assignment;
• within six months after your last assignment with the carer has ended; or • within six months after the carer ends their registration with us;

(whichever is the latest to occur), you wish to hire the carer without using our
services, you agree to pay us a permanent placement fee of £2640.00 which represents a genuine pre‐estimate of our loss in these circumstances. We will not repay any of the permanent placement fee even if the carer ends their direct agreement with you.

13. Data protection

We will respect your privacy and confidentiality. We will only use your personal information as set out in our privacy policy. Our privacy policy explains what data we collect, how and why we use that data as well as letting you know whether we will need to share your data with other parties (for example doctors or social workers). For further information about how we use your personal information, please visit www.privacare.co.uk privacy-policy or contact us directly to find out more.

14. Compliments, feedback and complaints

We actively encourage feedback from our clients, both good and bad, so we can continuously improve our services. We run regular surveys to gather feedback so you can send compliments or comments. Should you wish to provide positive or negative comments directly, contact us by email at info@privacare.co.uk; by letter: Privacare Ltd,16 Freeland Park, Wareham Road, Lytchett Matravers, Poole,BH16 6FH.; or call our customer service team: 01202 143921 In the case of a complaint, once the complaint has been fully investigated and dealt with by Privacare Ltd, if the complainant is still not satisfied with the outcome the complainant can complain to the local government ombudsman (LGO). The LGO provides a free, independent service. You have a right to refer your complaint to the LGO if you are unhappy with the outcome of our investigation: write to: The Local Government Ombudsman, PO Box 4771, Coventry, CV4 0EH; telephone: 0300 061 0614; visit: www.lgo.org.uk/adult-Social-care. The LGO will not usually investigate a complaint until the provider has had an opportunity to respond and resolve matters.

15. Miscellaneous

These terms are governed by English law and you and we agree to the English Courts having the exclusive right to hear any dispute that may arise between us. The provisions of The Contracts (Rights of Third Parties) Act shall not apply to this agreement. Only you (or your representative where they have agreed to pay our fees) and we have any rights under this agreement. In
addition, we do not need to get the agreement of any third party to amend these terms.
We may vary the terms of this agreement and/or the pricing schedule from time to time. We will give you 30 days notice of any changes. None of the terms or conditions in this agreement reduces or removes your statutory rights as a consumer. If you have any questions about your rights under this agreement, you can contact the Citizens Advice Bureau: www.citizensadvice.org.uk

As a simple service provider Privacare Ltd does not accept any liability for claims, demands or direct and indirect damages arising from disputes between clients and carers.

You acknowledge that the decision to enter into a contact with a carer is your sole responsibility and that Privacare Ltd gives no warranty as to suitability, experience, history or character of any carer, nor does Privacare Ltd give any warranty or accuracy of any information or documentation provided by the carer.

You agree that you understand the terms and conditions and the risks involved in participation in an introductory agency service and you hereby waive any rights to claim for damage from Privacare Ltd about the service.