William Eichler 16 November 2018

Regulator calls for more transparency in the care home sector

Care homes should be upfront about all of the terms and conditions in their contracts to ensure residents and their representatives are treated fairly, new guidelines say.

The advice is part of the Competition and Markets Authority’s (CMA) follow on from their examination of the care sector last year, which found that some residents are at risk of being treated unfairly.

The CMA warned last June that ‘certain practices and contract terms’ used in the sector might break consumer law. They unearthed cases of large upfront fees and fees charged after death.

They also raised concerns about a lack of information on care home websites about prices, and found examples of contracts giving care homes wide-ranging discretion to ask residents to leave at short notice.

‘It’s vital that care homes treat residents and their families fairly, which is why we have issued advice to all homes across the UK to help them understand what they should and should not be doing under consumer law,’ said CMA chief executive Andrea Coscelli.

The advice published today explains what upfront information they should give to potential residents, their families or other representatives in order to ensure they can make informed choices.

This includes giving an indication of the weekly fees charged to self-funders and highlighting any especially important or surprising terms and conditions that will apply.

It also sets out how to make sure contract terms and the way residents and their representatives are treated is fair and explains how to handle complaints fairly and ensure their complaints procedure is easy to find and use.

‘We’ve already taken action against some providers who charged compulsory upfront fees or continued to charge for extended periods after a resident’s death,’ said Ms Coscelli.

‘We’ll continue to monitor how well care homes are complying and won’t hesitate to take action again if we find evidence that providers have broken consumer law.’

Welcoming the publication of the guidance, the Local Government and Social Care Ombudsman Michael King said: ‘From our vast experience of investigating complaints about adult social care, we know just how important it is that people are given information about how and where to complain, including how to escalate a complaint to us, before they make crucial decisions about their care.

‘Clarity and transparency about terms and conditions of contracts are also vital, so care users - and their families and representatives - can make informed choices. We have echoed this in a number of our focus reports and guidance over the past few years.’

Designing for cohesion image

Designing for cohesion

Tom Fairey, Development Director at Alliance Leisure, discusses how community spaces can strengthen local connections.
SIGN UP
For your free daily news bulletin
Highways jobs

School Crossing Patrol Officer

Essex County Council
Up to £13.4600 per hour
School Crossing Patrol Officer Chelmsford, Essex Part-Time, Temporary 7.5 hours per week, term-time only Up to 6 Months £13.46 PAYE / £17.24 Umbrella England, Essex, Chelmsford
Recuriter: Essex County Council

Adults Social Worker - Mid Essex (Various Teams)

Essex County Council
£38487 - £51834 per annum + Flexible Working, Hybrid Working
Interviews will be held in person at County Hall on 8th June 2026.We're an adult social care service that wants to see citizens of Essex have as much England, Essex, Chelmsford
Recuriter: Essex County Council

Administrative Officer

Durham County Council
£26,403-£28,598 (pro rata)
Administrative Officer Permanent, Full Time, Term Time Only Required to start September 1st 2026   The Headteacher and Governors of this Outstanding M Seaham
Recuriter: Durham County Council

Assistant Psychologist

Durham County Council
Grade 8 - £32,597 - £36,363
This is a 2-year post within the Educational Psychology Service which is part of the SEND and Inclusion Service for Durham’s Children and Young People Spennymoor
Recuriter: Durham County Council

Structures Assistant Engineer

Durham County Council
£35,142 - £39,152
Highways Services re looking for a Structures Assistant Engineer to join their Highway Team.    WHAT IS INVOLVED? You will be responsible for providin Durham
Recuriter: Durham County Council
Linkedin Banner