Shared Lives Guidance Changelog

This page contains a log of changes to guidance documents so you can see which pieces of guidance have been updated, and when.

25/01/2024

Shared Lives Plus have been working with Anthony Collins solicitors to redraft the Shared Lives agreements documents which comprise:

• Carer agreement
• Arrangement agreement
• Licence agreement

The aim of this work was to mitigate  the risk of employment status claims and to ensure that the agreement documents truly reflect the day-to-day practices in Shared Lives arrangements. The supreme court ruling (Uber) in 2021 highlighted that whilst attention should be paid to written documents, greater weight and effort should go into aligning what is contained in the documents with actual practice.

Shared Lives Plus recognised how essential the input of shared lives schemes was to this process and are grateful for their input too.   We are now  able to launch this new set of documents.

• Shared Lives Licence Agreement Template – updated
• Shared Lives Arrangement Agreement Template – updated
• Shared Lives carers agreement – updated

Here is summary of requests and questions received from schemes, and Shared Lives Plus’ responses:

Can the glossary of terms be expanded : This has been done now and included in both carer agreement and arrangement agreement

There needs to be a change of emphasis in some language with emphasis on delivery within an agreed framework.  Solicitors suggestions do not take into account the agreed framework : These changes have been made

Would it be possible to move carer agreement to a Contract for Services Self Employed Sole Contractor: Advice from lawyers is that there would be no benefit to this – the possible challenges are exactly the same.  It isn’t about the paperwork it is about the practice.

Licence agreement – Do they need to be executed as a deed or just signed by parties involved: Legal advice is that they don’t need to be executed as a deed (a deed would only be required if the agreement formed part of a lease) a licence by definition provides permission to do something – it is not a lease.  A deed also requires all signatures to be witnessed.  Some schemes have told us they prefer for the agreement to be witnessed so we have left this option in.

7.2      Can this paragraph be revisited.  Re-assessment is the responsibility of LA : This has been amended to reflect statutory obligation

Day Support – more work is required around day support arrangements and further discussion with Anthony Collins about employment status challenges because these arrangements cannot be as flexible as Long-term arrangements – is a separate agreement document required? : Further advice was sought and solicitors agreed that day support arrangements can’t be as flexible but ensuring they are paid on a sessional basis will assist with this.  Nothing in these documents will remove the risk of challenge entirely and flexibility is only one test of employment status, it is likely it would need to be proved that one of the other tests isnt passed to give any credence to this.

Retaining records after arrangement ceases – is this necessary? if claims occurred scheme would have copies – various questions on this : The information belongs to the Shared Lives Scheme and, at the end of a placement, should be returned. However, Shared Lives carers may have access, at a later stage, to anything that they have written, should they wish

In arrangement agreement there is inconsistency around record sharing which needs to be clarified (14.12.3/14/14/1.19 in carer agreement): All amended to take into account above.

Ensure sensitive data is referred to as special category data (2018 DPA) : Done

Suggested changes to language use to describe the Shared Lives model.  While solicitors acknowledge it is not always possible to avoid using some of these phrases they did advice that we should consider the following