The Local Government and Social Care Ombudsman has found that a care home provider’s contract did not meet Competition and Markets Authority (CMA) guidelines as it charged for 28 days after a resident died.
The CMA Guidance says, following a resident’s death, a care home can only charge fees for a short, fixed-term period of no longer than three days. It also says contracts should be clear about when the contract ends.
As a result of the Ombudsman's decision, the care provider agreed to apologise to the complainant, refund fees, and review its contract for existing and future residents.
Although the CMA’s guidance is aimed at care homes, we have been advised that contract terms also need to be fair in homecare.
Find out why it’s important to have the right contract in place with your customers to create a good relationship and comply with your legal obligations in an article by Emma Watt, Associate of Anthony Collins Solicitors LLP in Homecare magazine, September 2023.