Guardianship Terms and Conditions

Guardianship Terms and Conditions

1

Appointment

1.1 You hereby appoint Cambridge Guardian Angels Ltd to provide education guardianship services for the Student whilst he is attending a school in the UK, which will include arranging a host family and acting as Education Guardian for the Student.

2

Duration of this agreement

2.1 Duration: We will act as Education Guardian from the time that the Student arrives in the UK, until the time that the Student leaves the UK. These dates will be set out in the Student Care Plan. Unless agreed otherwise in the Student Care Plan, we will appoint a host family who will accommodate the Student and provide meals in this period, as set out below in section 7.5, in the evenings, at weekends and bank holidays, during leave-outs, half term and when the Student is ill or otherwise off school unexpectedly for short periods and during the Easter and Christmas holidays, as well as for two nights before term starts and one night after term finishes. It is expected that the Student will leave the UK and return home for Easter, Christmas and Summer holidays.

3

Parent(s’) authority and declarations

3.1 Parental responsibility: The Parent(s) confirm that they have parental responsibility (i.e. legal responsibility) for the Student and that no other person’s consent is required for this agreement.
3.2 Authority: You confirm that you authorise Cambridge Guardian Angels Ltd to act as Education Guardian for the Student for the periods set out in the Student Care Plan and as set out in section 2.1 above. You confirm that you authorise us to select and appoint a suitable Host Family and in good faith, to decide any matter (including emergency medical and dental treatment and matters of a disciplinary nature) that may affect the Student’s welfare.
3.3 Physical contact: From time to time the Student will participate in social activities arranged by the Host Family or by us. You consent to the Student’s participation in such activities including contact and non-contact sports.
3.4 Confidentiality: You authorise Cambridge Guardian Angels Ltd to override your own (and so far as you are entitled to do so) the Student’s rights of confidentiality, in order to impart confidential information on a “need to know” basis where necessary to safeguard or promote the Student’s welfare, or to avert a perceived risk of serious harm to the Student, or to another person. In some cases, the School or the Host Family may need to be informed of any particular vulnerability the Student may have.
3.5 Disclosures: You confirm that you have already provided and will continue to provide us with details of any medical condition (including allergies), health problem, disability, special educational need, or learning difficulty of the Student as well as any behavioural, emotional and / or social difficulty of the student, in a separate confidential letter. You confirm that you will inform us straight away if these details change.
3.6 Behaviour: We attach importance to good behaviour, courtesy, integrity, good discipline and respect for the needs of others. Parent(s) warrant that the student will be well behaved, respectful to us, the Host Family and their home, will attend each school day, will be punctual and will work hard.

4

Parent(s) responsibilities

4.1 Visa: You confirm that you understand that it is your responsibility to arrange for the Student’s visa to study here in the UK. We may provide you with assistance with this process but we can take no responsibility for the Student’s visa application being delayed or unsuccessful. Where a problem with the Student’s visa causes a delay or a need to terminate this agreement, this is your responsibility and the usual rules on notice set out in section 9 will apply, unless agreed otherwise in writing by us.
4.2 Insurance covers: We cannot advise you about the insurance cover that the Student may need whilst in the UK against such risks as personal accident, health and hospital expenses, loss or damage to belongings and public liability. Please ask the Student’s School to give you full information on insurance cover they provide including any which may apply to the Student when in the UK but not at school. It is then your responsibility to arrange any other insurance cover that you may require.
4.3 Indemnity: You agree to indemnify us against any liability which we may incur in respect of breach of a duty of care and / or breach of contact caused by (or contributed to by) anything which you or the Student does, or fails to do, in the performance of this agreement.
4.4 Payment: You agree to pay the Fees in accordance with the provisions on Fees set out in section 8 below, and to terminate this agreement only in accordance with the provisions on notice set out in section 9 below.

5

Education Guardian’s responsibilities

5.1 Responsibilities: Except where stated otherwise in the Student Care Plan our responsibilities and those of the Host Family arise only when the Student is in the United Kingdom and for the periods set out in the Student Care Plan.
5.2 To act as Education Guardian: We agree to act as Education Guardian for the Student for the periods set out in the Student Care Plan, and as defined at section 2.1 above.
5.3 To appoint a Host Family: We agree to select and appoint a Host Family, as defined in section 2.1 above, to provide accommodation and meals for the Student, for the periods set out in the Student Care Plan.
5.4 Cancellation of a host family: If a host family has been as a confirmed booking and is cancelled by the student up to 7 days prior to the visit 75% fees will be charged to the student deposit account, if the host family booking is cancelled later than 7 days prior to the visit after a confirmed booking 50% of the fees will be charged to the student deposit account.
5.5 Safeguarding: We undertake to carry out appropriate checks as to the suitability of the Host Family, including Criminal Record Bureau checks, on all persons over the age of 16 living in the Host Family home. We will carry out an interview and an assessment of the Host Family, in the family home.
5.6 Accommodation and meals: We agree to ensure, with appropriate interviews, inspections and checks that the Host Family provides a good standard of accommodation and meals for the Student for the periods of the Student’s stay as set out in the Student Care Plan. Except as otherwise agreed in the Student Care Plan, accommodation is half board during the school week (where applicable), and full board at weekends and other non-school days. During holiday periods (i.e. half terms, leave-outs, accommodation is full board. Half board means the provision of breakfast and evening meal. Full board means the provision of three meals per day with the family according to usual family customs.
5.7 Travel: We will arrange for the Student’s collection from the airport and to the Host Family home when he first arrives, as well as the travel arrangements to ensure the Student’s return to the airport at the end of their stay. (We will also arrange transport to and from host families during School breaks.) Travel will be charged as an extra, and paid for from the Student Expenses Account, as detailed in section 8.4 or added to your school bill.
5.8 Contact with the School: We will maintain good contact with the Student’s School, and will collate and forward all of the Student’s school reports and ensure attendance by Cambridge Guardian Angels at all parents’ evenings and school events where reasonably possible and necessary.
5.9 Contact with you and the Student: We will keep in regular contact with the Student, and be contactable at all times in case of an emergency. We will keep in touch with you and keep you up to date on a regular basis as to the Student’s progress at school and with the Host Family. We will notify you as soon as possible in the event of a serious problem.
5.10 Releasing care: We will not accommodate or release care of the Student within the periods set out in the Student Care Plan without the prior knowledge of the Parent(s).
5.11 Informing the local authority: We confirm that, where the Student is under 16 and where the stay is planned for more than 28 days, we will inform the local authority of the arrangements as soon as these arrangements have been made. We are legally required to do this as in these circumstances the hosting arrangement would constitute private fostering.
5.12 Other responsibilities: We agree to carry out the services set out for the relevant guardian service selected and paid for by you.

6

Fees

6.1 Fees: The expression Fee(s) means all sums of money charged to your account under the terms of this agreement including (without limitation) reasonable expenses incurred by the Host Family or by us (charged at cost), mileage allowance and other transport costs and including the cost of repairing damage caused by the Student (other than fair wear and tear). All Fees are payable in advance, except expenses and the cost of repairing damage caused by the Student which will be taken from the Student Expenses Account or charged to your account at the time such cost is known.
6.2 Fee rates: The fee rates are set out in the fees list. Fee levels will be reviewed each year and there will be reasonable increases from time to time.
6.3 Late payment: Simple interest may be charged on a day-to-day basis on Fees which are unpaid. The rate of interest charged will be at up to 1.5% per month accruing on a daily basis which is a genuine pre-estimate of the cost to Cambridge Guardian Angels Ltd of a default. Cheques and other instruments delivered at any time after payment is due will be presented immediately and will not be considered as payment until cleared. The Parent(s) shall also be liable to pay all costs, fees and charges reasonably incurred by the School in the recovery of any unpaid Fees.
6.4 Student Expenses Account payment: You are required to pay £1000 as a Student Expenses Account payment before the start of the first term. The Student Expenses Account is defined above at section 2.1. Sums incurred during each term will be deducted from the Student Expenses Account as necessary. However, except in an emergency, we will seek authorisation from you for any amounts totalling more than £250.00. You will be required on subsequent invoices to pay further sums to ensure that the Student Expenses Account is sufficient to cover expenses incurred. Any balance of the Student Expenses Account will be repaid to you by means of credit without interest to the final sums due to Cambridge Guardian Angels Ltd on leaving.
6.5 Refund / waiver: Fees will not be refunded or waived:
6.5.1 for absence through sickness;
6.5.2 if a school term is shortened or a vacation extended;
6.5.3 due to a problem or delay with a visa;
6.5.4 for any cause other than exceptionally and at the sole discretion of the Cambridge Guardian Angels Manager in a case of genuine hardship, or where there is a legal liability under a court order or under the provisions of this Agreement to make a refund.
6.6 This rule is necessary so that Cambridge Guardian Angels Ltd can properly budget for its own expenditure and to ensure that the cost of individual default does not fall on other parents.

7

Termination of the Agreement and notice

7.1 Notice of termination: Unless there are exceptional circumstances which justify short notice, as discussed with and agreed to by us in writing, you will give us at least one School Term’s written notice before bringing this agreement to an end. We will give you at least one School Term’s written notice before bringing the Agreement to an end, save where otherwise stated in this agreement. If you fail to give the required notice, you will be charged guardianship Fees for one full School Term, in lieu of notice. This charge represents a genuine pre-estimate of our loss in these circumstances. This rule is necessary to promote stability and our ability to plan host families, staffing and other resources.
7.2 Unpaid fees: The right is reserved by us on three days’ written notice to terminate this agreement while Fees are unpaid and release care of the Student to you at your expense. We shall be entitled but not obliged at any time to set off any sum paid by you to us against any liability incurred by us on your behalf.
7.3 Termination due to the Student or Parent(s) conduct: We may deem it necessary to terminate this agreement immediately if, after consultation with the Parent(s) and where appropriate the Student, we are of the opinion that by reason of the Student’s conduct, behaviour or progress, the Student is unwilling or unable to benefit sufficiently from the arrangements, or if you have treated us or a member of our staff unreasonably. We shall act with procedural fairness in all such cases, and shall have regard to the interests of the Parent(s) and the Student.

8

Withdrawal by the student

8.1 We will notify you immediately if the Student decides to leave school or leave the care of the Education Guardian, but this will not constitute termination of this Agreement. The rules on notice set out in section 9 above will apply. If the Student cannot be contacted, we will take reasonable steps to re-establish contact and will notify the authorities if appropriate. We will not, however, incur any cost in excess of the Student Expenses Account unless we have the Parent(s) prior authority and payment in advance.

9

Legal liability

9.1 Unless negligent or guilty of some other wrongdoing causing injury, loss or damage, we cannot accept responsibility for any loss or damage arising from or caused by any act or omission by us, any of our staff or any member of the Host Family, or the Student or any loss or damage that results if you have not provided us with requested or relevant information about yourselves or the Student.

10

No direct dealings

10.1 We will introduce the Host Family to you on the basis that all your dealings with them will be through us. If you enter into a direct agreement or contract with the Host Family at any time, you will pay us all the sums we would have been entitled to receive had the direct contact not been made. You must inform us of any direct dealings with the Host Family.

11

Data protection

11.1 You confirm that all information provided by you to Cambridge Guardian Angels Ltd is correct, accurate and up-to-date. Subject to the Data Protection Act 1998, you consent on behalf of yourselves, and where appropriate, on behalf of the Student, to our collecting, using and disclosing information about you and photographs of the Student for the following purposes:
11.1.1 arranging for a suitable Host Family for the Student;
11.1.2 providing educational guardian services including welfare and pastoral services and administration;
11.1.3 safeguarding and promoting the welfare of the Student;
11.1.4 use in the Cambridge Guardian Angels ltd website and promotional material.

12

Complaints and problems

12.1 You must notify us at once if you or the Student has a problem or concern with, or wishes to makes a complaint against, any member of the Host Family or against any member of our staff. In the first instance, please contact Julia Evans or, if the complaint concerns Julia Evans, then please contact Alison Warne Guardianship Manager Guardians UK ltd.

13

Third party rights

13.1 Only Cambridge Guardian Angels Ltd and the Parent(s) are parties to this agreement. Neither the Student nor the Host Family nor any third party is a party to it. The acts and omissions of the Parent(s) are binding on the Student and vice versa as to any matter of behaviour, discipline and fees. All requests and authorities by the Parent(s) are treated as being made on behalf of the Student and vice versa.

14

Legal contract

14.1 A legally binding contract will be formed once a person duly authorised by Cambridge Guardian Angels Ltd has signed and dated this agreement, which has previously been signed by the Parent(s). Please sign and return a copy of the Parents Guardianship Agreement Contract.
14.2 If you pay the Cambridge Guardian Angels ltd fees and complete a School Guardianship Agreement confirming Cambridge Guardian Angels ltd as the provider of guardianship services to your child, you will be deemed to have accepted the terms of the Parent Guardianship Agreement.

15

Governing law

15.1 This agreement is governed exclusively by and is to be construed in accordance with the law of England and Wales.

Appendix 1

We agree to carry out the following services:
24 hours on call emergency service
Visiting your child to ensure they are settled
Introductory meeting when your child first starts school
Visiting your child twice a term
Regular communication with feedback to parents
Support and guidance with further school or university subject choices
Representation at parent teacher meetings and other important school events, followed up with a written report
Ensuring a suitable host family is found for your child, the family will be interviewed and fully security checked
Arranging a meeting where possible between child and host family
Arranging host family transfers