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

Transport and Major Work Manager

Slough Borough Council
£54,556 to £60,085 per year Inclusive of Local Weighting Allowance of £1096
Drive the future of transport and infrastructure in Slough Slough, Berkshire
Recuriter: Slough Borough Council

Service Director - Environment

City Of Doncaster Council
£108,164 per annum
We are looking for an energetic and resilient leader to become our next Service Director of Environment here at City of Doncaster. Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

Environmental Health Officer – Food, Health & Safety & Animal Licensing

Ashfield District Council
£39,152 – £41,771 per annum plus £2,000 Market Supplement (Pay award pending)
We are looking for an enthusiastic individual to carry out the full range of day-to-day functions and duties of an Environmental Health Officer Sutton-In-Ashfield, Nottinghamshire
Recuriter: Ashfield District Council

Assertive Outreach Officer

Ashfield District Council
£28,598 - £31,022 per annum (pay award pending)
This is an exciting opportunity to join the Housing Options Team as an Assertive Outreach Officer Sutton-In-Ashfield, Nottinghamshire
Recuriter: Ashfield District Council

Graduate EHO– Commercial and Environmental Protection

Ashfield District Council
£28,598 - £31,022
We are looking for an enthusiastic individual to carry out the full range of day-to-day functions and duties Environmental Health Officer Sutton-In-Ashfield, Nottinghamshire
Recuriter: Ashfield District Council
Linkedin Banner