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Arranging care can often come at a difficult time. You might feel forced into making decisions under pressure.
There should always be a written agreement in place before you move into a care home. This will explain the type of service you can expect to receive, the fees you’ll be charged, and other important terms such as notice periods, cancellation policies and the complaints procedure. Before you sign it, it’s essential to read the contract carefully and understand what you’re agreeing to.
The contract will be between the care home provider and whoever is paying the care fees. There are three likely scenarios:
Regardless of who is paying the fees, you have the same rights and protections under consumer law.
Care home providers are free to use whatever terms they consider reasonable, but the law stipulates that the terms must not be unfair.
A good care home contract should cover:
Before making a final decision about a care home, ask to see a copy of the contract. Competition and Markets Authority (CMA) guidance states that care homes must ensure self-funding residents have received a copy of their standard contract or terms and conditions, and have time to read and understand them, before they agree to move into the home.
The contract should be written in clear, simple language so it’s easy to understand. It should avoid complicated legal jargon or confusing, ambiguous terms. Important information should be explained in full upfront and not hidden in the small print.
If you have Power of Attorney for a loved one, you might need to sign the contract on their behalf.
Ask the care provider to explain any clauses you don’t understand. If you’re still confused, or unsure about what an element of the contract means, consider consulting a solicitor.
Under consumer law, contracts must be written and negotiated in a fair and open way. If a term in a contract is deemed to be unfair, then it won’t be valid.
Terms that might be unfair include those that:
For more general information about your consumer rights and protections, visit Which? Consumer Rights.
Here are some key questions to ask before signing a care home contract. Use this checklist to spot any potentially unfair terms in the agreement.
Some care homes ask for an advance payment or deposit to secure a place. A good contract should clearly spell out how much deposit is due, when it must be paid and what happens if you change your mind before moving in.
The contract should clearly list all fees, as well as who is responsible for paying them and when. This should include information about ongoing fees, plus a clear breakdown of charges for any additional services, such as meals, laundry, personal care, television or telephone.
It’s important that residents are given adequate notice of any fee increases.
If a resident is away from the home for an extended period (in hospital, for example), the contract should make it clear what fees are payable during that time. Some homes will charge a lower rate if a resident is away; others might not.
Sometimes a care home might need to change the terms of its service provision for legitimate reasons. This could include changing the care arrangements or increasing fees if a resident’s care needs change significantly. Or it may be forced to make changes to the range of services it provides. However, residents should get a reasonable amount of notice for any changes, and levels of care should not fall below minimum standards set by the care regulators.
There are several reasons why you might want to cancel the contract and leave the care home. It might be due to a change in your financial situation, family circumstances or health condition.
A good contract should clearly explain a resident’s rights to cancel, and what procedure to follow if they want to leave the care home. Both parties should be able to cancel with a reasonable amount of notice.
We’ve created a downloadable checklist of things to ask when choosing a care home. This covers questions about fees and contracts, staff and training, care and support, day-to-day living and other practical issues.
Download the checklist: questions to ask when choosing a care home
pdf (70 KB)
There is a file available for download. (pdf — 70 KB). This file is available for download at .
As a care home resident, your rights are protected under UK consumer law.
The rights of care home residents and their families are protected under the Consumer Rights Act 2015. Consumer law states that care providers must treat residents fairly, act with reasonable care and skill when providing their service, and deal with complaints in an open and timely manner. You can find more detailed guidance from the CMA about your consumer rights in a care home.
Care providers must also follow specific regulations relating to safety and standards of care. These standards are monitored by the UK’s four independent care regulators, which also arrange regular inspections of care homes.
If you have any doubts about a contract, do not sign. If you have a simple query about the terms of the contract, ask the care home provider to explain. They might be willing to amend a term if you’re not happy with it.
If you need help understanding the terms, or think something might be unfair, it’s best to get advice from a solicitor.
If a problem comes to light after you’ve signed the contract, and you think a term in the contract is unfair, you can challenge it. Remember that unfair terms are not legally binding so, whatever happens, don’t feel pressured into taking any action – such as paying any fees that you think are unreasonable, or moving out of the care home – until you have sought expert advice.
Consult a legal expert, who can take a closer look at the contract and advise on whether a term is unfair or not. They can recommend whether you should challenge the care provider by pursuing a complaint or by taking legal action.
You can search for a solicitor on the Law Society website (England and Wales), the Law Society of Scotland website or The Law Society of Northern Ireland.
Which? Legal is a paid service from Which? that gives you access to a team of specialist legal advisers who can provide guidance on a range of legal questions, including problems with a care home contract.
You could also contact Solicitors for the elderly, an organisation of lawyers with specialist experience in dealing with legal issues for older and vulnerable people.
You can report unfair terms to:
Both of the above organisations have the power to enforce consumer-protection laws and prevent businesses from acting unfairly.
If it turns out that the term is not unfair, but you’re still unhappy with the level of service provided, you can make an official complaint to your care home provider. If you’re not satisfied with their response, you could take the case to the ombudsman.
Our article on making a complaint about a care provider has more information on the steps you need to follow.