Identify the parties and the service accurately

Distinguish the person receiving the service, contracting party, payer, parent, guardian or other decision-maker, commissioner, practice, lead practitioner and any staff. A payer does not automatically have authority to make every decision or receive all case information. Resolve uncertainty about parental responsibility, capacity or legal authority before relying on a signature.

Name the legal provider, trading name where relevant and formal contact details. UK-SBA registrants must describe qualifications, role and capabilities accurately. Define what is included, excluded, where and how it is delivered, expected frequency or process for agreeing it, review arrangements and practitioner changes. Do not promise a behavioural or clinical outcome that cannot be assured.

Keep the commercial terms clear and fair

Explain rates, billable time, assessment, reports, meetings, travel, VAT treatment where applicable, invoicing, payments, cancellation and price review. Mandatory charges should be included in the total or the calculation method made prominent. A cancellation charge can protect reserved time, but excessive charges, automatic loss of all payments, unbalanced rights and uncontrolled increases may be unfair.

Consumer services must be carried out with reasonable care and skill. Do not try to exclude statutory rights. If contracts are made at a distance or off premises, cancellation rules may apply. Where a consumer asks for service to start in the 14-day period, the express request and acknowledgement requirements matter. A generic “no cooling-off period” clause is not safe without confirming an exemption applies.

Separate contract, consent and privacy information

The agreement establishes the service relationship. Informed consent covers assessment and procedures; assent should be considered where relevant. Recording, information-sharing and other distinct uses need their own process. The contract should point to, not replace, a privacy notice. Avoid broad wording that treats the contract signature as consent for all health-data processing and disclosures.

Explain confidentiality and lawful limits, including valid authority, appropriate professional sharing, safeguarding, legal obligations and contracted processors. Set communication channels, expected response times, emergency arrangements and the process for bringing material messages into the case record.

Plan concerns, change and closure

Provide an accessible complaints route, including what happens if the usual contact is the subject of a complaint and relevant external routes. Cover ordinary notice, completion, suitability, safety, non-payment, non-attendance, final invoices, records, handover and practitioner unavailability. Variation clauses should be narrow, explain a valid reason or method, give notice and provide an appropriate exit where change is significant.

References

  1. UK Society for Behaviour Analysis, Code of Ethical and Professional Conduct, June 2026Principles 6, 7, 9.24 and 10: consent, contracts, fees, termination, records, complaints and representation.
  2. GOV.UK, implied rights; unfair consumer contractsReasonable care and skill, fairness and examples of potentially unfair terms.
  3. CMA, Price transparency CMA209; Unfair commercial practices CMA207; Unfair contract terms CMA37; Writing a fair contractPricing, material information, cancellation, variation and termination.
  4. BIS, Consumer Contracts Regulations guidance; Consumer Contracts Regulations 2013, regulation 35Distance and off-premises service cancellation, early performance and payment.
  5. ICO, What privacy information should we provide?Privacy-information content and complaint route.