If a registered dementia care home's terms and conditions state
(8a) However, it must be noted that Northumbria Care Limited reserve the right to immediately
terminate any Service Users Residency for the following reasons:
Physical, mental or verbal abuse, shown towards other service users, staff or visitors.
Racial abuse, shown towards any other service user, staff or visitors.
Deliberate or wilful damage to property or equipment, this includes damage caused by
family members, friends, advocates or personal visitors.
Refusal to pay fees.
Refusal to comply with Health and Safety and or Fire Regulations.
Any family members, friends, advocates or visitors being abusive, aggressive or threatening
towards residents, visitors or staff.
would these terms be considered unfairly favouring the care home?
This is a registered dementia care home therefore its seems more likely that some of these scenarios may occur. Whilst at the moment its not likely to be an issue for us , knowing how hard it is to find a decent care home and having just experienced a very stressful 5 week period of hospitalisation of my 91 year old father and the almost constant pressure on us after a week to find a care home as he was "medically fit for discharge" it would be good to know how well the contract stands up.
Its not been helped by the fact that we weren't given the contract or a Key Facts until now and he's been there for 4 days. The terms and conditions came in the post after the invoice for 8 weeks payable up front.
The CMA guidance summary states
Generally, your contract terms will be unfair if they put residents at an unfair disadvantage. If a term is unfair, it will not be enforceable. For example, a term may be unfair if it gives you greater rights than the resident.
and
Asking a resident to leave
1.32 The circumstances in which you can terminate your contract with a resident must be clearly explained in the contract. They must be limited to valid reasons, for example, where you can no longer meet the resident’s care needs even after making reasonable adjustments.
1.33 You should not ask a resident to leave the care home without first consulting with them and their representatives, and any other relevant independent professionals, and after efforts have been made to meet the resident’s needs.
1.34 You should give the resident at least 28 days’ written notice to leave, unless they are staying with you on a trial period, in which case you must still give them adequate notice to make alternative arrangements.
1.35 You must never ask a resident to leave or restrict a resident’s right to have visitors or threaten to do so in retaliation to a complaint.
(8a) However, it must be noted that Northumbria Care Limited reserve the right to immediately
terminate any Service Users Residency for the following reasons:
Physical, mental or verbal abuse, shown towards other service users, staff or visitors.
Racial abuse, shown towards any other service user, staff or visitors.
Deliberate or wilful damage to property or equipment, this includes damage caused by
family members, friends, advocates or personal visitors.
Refusal to pay fees.
Refusal to comply with Health and Safety and or Fire Regulations.
Any family members, friends, advocates or visitors being abusive, aggressive or threatening
towards residents, visitors or staff.
would these terms be considered unfairly favouring the care home?
This is a registered dementia care home therefore its seems more likely that some of these scenarios may occur. Whilst at the moment its not likely to be an issue for us , knowing how hard it is to find a decent care home and having just experienced a very stressful 5 week period of hospitalisation of my 91 year old father and the almost constant pressure on us after a week to find a care home as he was "medically fit for discharge" it would be good to know how well the contract stands up.
Its not been helped by the fact that we weren't given the contract or a Key Facts until now and he's been there for 4 days. The terms and conditions came in the post after the invoice for 8 weeks payable up front.
The CMA guidance summary states
Generally, your contract terms will be unfair if they put residents at an unfair disadvantage. If a term is unfair, it will not be enforceable. For example, a term may be unfair if it gives you greater rights than the resident.
and
Asking a resident to leave
1.32 The circumstances in which you can terminate your contract with a resident must be clearly explained in the contract. They must be limited to valid reasons, for example, where you can no longer meet the resident’s care needs even after making reasonable adjustments.
1.33 You should not ask a resident to leave the care home without first consulting with them and their representatives, and any other relevant independent professionals, and after efforts have been made to meet the resident’s needs.
1.34 You should give the resident at least 28 days’ written notice to leave, unless they are staying with you on a trial period, in which case you must still give them adequate notice to make alternative arrangements.
1.35 You must never ask a resident to leave or restrict a resident’s right to have visitors or threaten to do so in retaliation to a complaint.
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