Both CCPS and the members of our Option 2 Agile group were clear that a new form of contract would be helpful in making Option 2 work better in practice. The contracts should:

  • Reflect that the individual using support is at the heart of the arrangements.
  • Be clear, concise and as short as possible.

After working with the Option 2 Agile group and consulting contracts officers, supported people and providers we agreed the main requirements for a template contract for use with Option 2 of the Social Care (Self-directed Support) Scotland Act, 2013. We then asked Macroberts LLP to create a template contract on our behalf.

  • The contract is available as a template to local authorities and can be adapted and changed to suit.
  • The contract includes the supported person as a party but, it is suggested that this approach should avoid placing any contractual liabilities on the individual.
  • It is envisaged that this contract would side alongside council specific ‘background’ terms and conditions that cover matters between the council and the provider.

If you have any feedback on the contract please contact us