Consumer Law for Care Homes
The Consumer Rights Act 2015 affects Care Homes in the same way that it affects the purchase of any other good or service.
The Competition and Markets Authority (CMA) started a market study of the Care Home sector in 2016 and published its final report and guidance for Care Homes in November 2018. This report can be found at https://www.gov.uk/government/publications/care-homes-consumer-law-advice-for-providers
The Care Provider Alliance has been working with a number of stakeholders throughout this process and has produced further guidance which can be downloaded here (PDF download). This guidance will steer Care Homes to update their marketing materials and websites to comply with the Consumer Rights Act.
Care Homes will also need to review their resident contracts. The Care Provider Alliance has commissioned example clauses which are designed to help you demonstrate compliance with consumer law and the Competition and Market Authority’s Guidance in relation to residential care homes. These clauses cover annual fee increases, fee increases on change of circumstances, deposits, and fees after death and can be downloaded below:
Those Care Homes who are members of Care England, National Care Association, National Care Forum or Registered Nursing Home Association will have been opted in to a Primary Authority Partnership with Hampshire Trading Standards to assure themselves of a consistent interpretation of the legislation and guidance. Details are available from the four trade associations involved. General information is available at https://www.gov.uk/government/publications/primary-authority-overview.
Care Homes may also wish to take legal advice in relation to their resident contracts and the Care Provider Alliance members know of a number of legal practices who can assist in this matter. Those practices are listed here in alphabetical order; each practice has supplied a pdf describing the service they offer along with contact details. Please click on the solicitors name below to download the service description (currently awaited).
- Anthony Collins Solicitors
- David Collins Solicitors
- Lester Aldridge