Clinical Childcare Partners

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TERMS OF BUSINESS FOR CLIENT FAMILIES

Trading Entity: Clinical Childcare Partners (“the Agency”)

1. DEFINITIONS AND INTERPRETATION

1.1 “Agency” means Clinical Childcare Partners.

1.2 “Client” means the parent, legal guardian, family member, or entity engaging the services of the Agency.

1.3 “Candidate” means any Specialist Edu-Nanny, SEN Nanny, Educator, Governess, or Specialist Carer introduced by the Agency to the Client.

1.4 “Engagement” means the employment, engagement, or use of the Candidate by the Client on a permanent, temporary, full-time, or part-time basis.

1.5 “Services” means the provision of educational and clinical strategy consultation (including Academic Profiles, EHCP-to-Home Translation, and Home Care & Learning Plans) and candidate introduction and recruitment services.

1.6 “EHCP” means an Education, Health and Care Plan issued by a Local Authority in the United Kingdom.

2. NATURE OF SERVICE & CLINICAL SCOPE

2.1 Employment Relationship: The Agency acts strictly as an Employment Agency as defined under the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003. The Client is the direct legal employer of any Candidate engaged through the Agency.

2.2 Clinical & Educational Advisory Boundaries: Reports, Academic Profiles, Home Care & Learning Plans, and strategy documents produced by the Agency and its multidisciplinary team (comprising HCPC-registered Educational Psychologists, qualified Headteachers, System Leaders, and NPQSENCOs) represent contributory provision-mapping and educational advisory frameworks.

2.3 Statutory EHCPs: The Agency does not possess statutory authority to alter, legally amend, or issue official Local Authority EHCP documents. Advisory outputs are designed for private implementation in the home and to support independent advocacy and school placement alignment.

3. OBLIGATIONS OF THE CLIENT

3.1 Full Disclosure: The Client agrees to provide accurate, comprehensive, and up-to-date medical, behavioural, educational, and developmental history regarding the child during the intake assessment.

3.2 Employer Responsibilities: As the direct employer of the Candidate, the Client is strictly responsible for:

  • Paying the Candidate directly at the agreed gross rate.
  • Deducting National Insurance, PAYE Income Tax, and statutory pension contributions where applicable (or utilising a specialist nanny payroll provider).
  • Securing mandatory Employer’s Liability Insurance prior to the Candidate’s start date.
  • Providing a safe working environment in compliance with UK health and safety regulations.

3.3 Direct Engagement: Should a Client engage a Candidate introduced by the Agency within 12 months of the initial introduction—whether directly, via a third party, or under a modified job role—the Client remains liable for the full Agency Placement Fee.

4. FEES AND PAYMENT TERMS

4.1 Registration & Academic Profile Fee (£500 + VAT):

  • Non-refundable and due upon signing the search agreement.
  • Covers the creation of the child’s Academic Profile, custom learning needs mapping, and an intensive candidate recruitment search across our specialist network.

4.2 Clinical & Academic Intake Assessment (£950 + VAT):

  • Payable prior to commencement of the full clinical audit, multidisciplinary intake, EHCP-to-Home Translation, and structured Home Care & Learning Plan.
  • If the Client proceeds to a permanent candidate placement through the Agency, 50% (£475 + VAT) of this package fee will be credited against the final Permanent Placement Fee.

4.3 Permanent Placement Fee:

  • UK Placements: 17% of the Candidate’s total agreed gross annual salary (+ VAT).
  • International Placements: 20% of the Candidate’s total agreed gross annual salary (+ VAT).
  • Baseline: All searches are subject to a minimum gross annual salary baseline of £32,000.
  • Trigger: Placement fees become due immediately upon the Candidate accepting a formal offer of employment (written or verbal) and must be settled within 14 calendar days of invoice issuance, or prior to the Candidate’s start date (whichever occurs first).

4.4 Late Payments: Interest will accrue on overdue accounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at 8% over the Bank of England base rate.

5. CANDIDATE VETTING AND COMPLIANCE

5.1 The Agency maintains rigorous compliance protocols for all candidate introductions, including:

  • Enhanced DBS checks (registered on the Update Service).
  • Identity, right-to-work, and qualifications verification.
  • Minimum of two verified professional references.
  • Suitability mapping by our multidisciplinary team.

5.2 While the Agency conducts thorough vetting, the final decision to employ a Candidate rests solely with the Client. The Client is encouraged to conduct its own final interview and a trial period before making a formal offer.

6. REPLACEMENT GUARANTEES & CLINICAL OVERSIGHT

6.1 Standard 1-Month Replacement Guarantee: If an Engagement terminates within 30 calendar days of the Candidate’s official start date, the Agency will conduct a priority search for a replacement Candidate at no additional placement fee, provided that:

  1. All Agency fees were paid in full within the required 14-day payment window.
  2. The termination is not due to a material breach of employment terms, unreasonable working conditions, or significant change in job specification by the Client.
  3. The Client notifies the Agency in writing within 48 hours of termination.

6.2 Extended Clinical Oversight Subscription (£200 + VAT / month):

  • Extends the replacement guarantee window up to 6 months from the Candidate’s start date.
  • Includes monthly clinical check-ins to review and adapt the child’s Home Care & Learning Plan.
  • May be cancelled by the Client with 30 days’ written notice. Once cancelled, extended replacement rights terminate.

6.3 Refund Policy: Agency fees are non-refundable. The Agency’s obligation under the guarantee is strictly limited to conducting replacement searches.

7. SAFEGUARDING & DUTY OF CARE

7.1 The Agency adheres strictly to statutory child protection guidelines (Keeping Children Safe in Education and local safeguarding procedures).

7.2 If during assessment or candidate briefing the Agency identifies a threshold concern regarding immediate risk of harm, severe neglect, or illegal activity, the Agency reserves the right and statutory obligation to report such information to the relevant Local Authority Designated Officer (LADO) or emergency services.

8. CONFIDENTIALITY AND DATA PROTECTION

8.1 Both parties agree to handle all personal, medical, and developmental data in strict compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

8.2 Candidate profiles provided to the Client are strictly confidential. Sharing profile details with third parties without written authorisation from the Agency is prohibited.

9. LIMITATION OF LIABILITY

9.1 The Agency shall not be liable for any direct, indirect, or consequential loss, damage, expense, or injury arising from the actions, omissions, or conduct of any Candidate employed by the Client.

9.2 Total liability of the Agency under or in connection with this agreement shall be strictly capped at the total amount of agency fees received from the Client for the specific service rendered.

10. GOVERNING LAW AND JURISDICTION

10.1 These Terms of Business are governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts.