This page sets out the terms and conditions under which Gardiner’s supply our service. Signed agreement must be in place prior to the first care duty.
To sign our terms online please click here.
The care package and care visits
We will discuss, document and agree with the Service User a care package which reflects the Service User’s needs and preferences. That care package will be updated as and when the Service User’s needs and preferences change.
We will always try to provide Care Workers at the times agreed between us. If it is necessary to attend at a different time or if we are unable to provide cover for a care duty, we will provide as much advance notice as circumstances allow. If unable to cover a care duty that has been requested, Gardiner’s will have no financial liability to the Service User or anyone else.
The Service User’s home as a workplace
The Service User, their representative and others living in or visiting the Service User’s home are responsible for making sure that it is a safe environment – this means a safe working environment with appropriate equipment to allow Care Workers to carry out the service safely including:
- Emergency exit – there must be clear route in and out of the Service User’s home.
- Smoking is not allowed in the Service User’s home whilst our Care Worker is present and for at least one hour before their visit.
- Equipment required for care must be serviced and in good order.
- Domestic duties – Care Workers should only be required to use domestic equipment such as toasters, vacuums, cleaning products etc. that are safe to use.
- Dogs must be shut in a separate room prior to the Care Workers arrival and during the Care Workers’ visit.
- Smoke and carbon monoxide alarms should be installed and regularly tested.
Insurance & liability
Gardiner’s are responsible only for loss or damage that is a foreseeable result of our breach of these Terms & Conditions or our deliberate negligence. Gardiner’s are not responsible for any accidental damage to the Service User’s property which should be covered by the Service User’s home insurance and contents policy.
Care Workers must not be asked to do any activity that has not been assessed by the office. Care Workers may only drive a vehicle other than their own if the office has been provided with full insurance documentation covering the Care Worker to drive the vehicle and evidence to show that the vehicle is road worthy.
Data protection, confidentiality & privacy note
In order to provide care and support, Gardiner’s needs to use certain personal information about the Service User. This information is used to maintain an up to date personalised care plan, it helps us to keep the Service User safe and to respond appropriately to any concerns. The information we hold also allows us to monitor the quality of the service that we provide. Without this information Gardiner’s are not able to provide our service.
By requesting care and support from Gardiner’s, the Service User agrees to their information being shared and stored as detailed in these terms.
The information that Gardiner’s hold about the Service User will include contact details, support needs, preferences, medical history and how this affects ability, funding arrangements, emergency contacts, details of others involved in providing care. There will also be ongoing records documenting the provision of care, as well as reviews and management of the care package.
Gardiner’s will safeguard the personal data that we hold about the Service User, to ensure that it does not fall into the hands of unauthorised third parties. We will only ask for information that is relevant and necessary for us to deliver our service. Any personal information that we process must be accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. Individuals may ask us to correct inaccurate personal data relating to the Service User.
Gardiner’s will not use the information we hold for any unconnected purpose unless the Service User has agreed to this or they would otherwise reasonably expect us to do so. We will not send marketing information to the Service User or pass their details on to other companies.
We keep the Service User’s information confidential, with access limited to those from Gardiner’s who are currently involved in providing or managing the care. We may on occasion need to share information or concerns with people outside of Gardiner’s, who are involved in the Service User’s care. We ask permission before sharing information, unless we are seriously concerned about the Service User’s safety or well-being.
Where Gardiner’s engages the service of a Data Processor, for example by using hosted services such as PASSsystem, we will have a contract in place to ensure that the Service User’s information is secure and protected and that the requirements of the General Data Protection Regulation are met.
Most information about Service Users is shared within our team using PASSsystem. Information may also be discussed in person with Care Workers or by telephone. We also communicate with Care Workers by email, text message and using a secure messaging application.
Prior to an inspection, we are required to pass Service User contact details to our regulatory body, the Care Quality Commission (CQC). The CQC may contact the Service User to ask questions about how we run our service. They will delete the Service User’s contact information once they have completed the inspection.
The Gardiner’s care folder kept in the Service User’s home belongs to Gardiner’s and must be returned when the service finishes. All paperwork returned to the office is securely scanned before being sent for shredding.
Information gathered during the provision of our service will be securely retained for three years after the service finishes. The Service User has, subject to certain exceptions, the right to request access to information held about them. The Service User may also request that any information held about them is deleted, this will only be refused if a valid exemption applies.
Cancellation of the service
To cancel the service, please telephone 0118 3347474. Two weeks’ notice must be given to cancel the service. Duties cancelled with less than two weeks’ notice will be charged.
To cancel individual duties, 48 hours’ notice is required. Duties cancelled with less than 48 hours’ notice will be charged including where due to circumstances such as hospital admissions or if a Service User passes away.
Gardiner’s may also cancel the service. To do so we will contact the Service User or their representative by telephone, or email if that is not possible, to explain the details. We may terminate the service for any reason by giving two weeks’ notice. We may also cancel the service with immediate effect if continued provision is untenable.
Permanent engagement of our staff
If within 6 months from when a Care Worker last provided care to the Service User, they are directly engaged by the Service User or another party to whom the Service User have introduced them, the Service User must pay a fee of £3,000, or if higher, the fee charged to the Service User by Gardiner’s for the last month.
Care Workers are required to report to their manager any request made to them by a Service User, or connected party, to work privately.
Updating these terms and conditions & our charges
These terms and conditions supersede all previous agreements and arrangements relating to the Service User’s care. We may vary these terms and conditions and our charges in writing by giving the Service User or their representative 14 days’ notice.