Terms and Conditions

Terms and Conditions

This document is important as, together with the Deed of Admission (DOA), it is your contract with the Company (Deed).  Any capitalised terms within this document are to be interpreted as having the same meaning as within the DOA where the context so requires.  You should read it carefully as it is legally binding. You may wish to seek independent legal advice as it is imperative that you have read and understood these Terms and Conditions before entering into this Deed. This document sets out our general Terms and Conditions that will apply if you decide to move into the Home.

The Terms and Conditions of this Deed shall be governed by, and interpreted, in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.

The Home is registered to provide care for those Residents whose needs are defined by the categories of registration granted to the Company by the Care Quality Commission (CQC) and those Residents whose care needs fall outside the categories of registration but for whom the CQC has granted a “Variation” or waiver.

The terms in this Deed and documents referred to herein are intended to satisfy the recommendations of the Competition and Markets Authority’s “UK care home providers for older people – advice on consumer law (CMA96)” guide.

Prior to entering into this Deed, the Home Manager will have assessed the care needs of the Resident and confirmed that the Home has the necessary skills and resources to provide the level of care needed and that the needs of the Resident fall within the CQC registration categories of the Home as referenced above.  In the case of an emergency admission the assessment of a qualified healthcare professional will be accepted, but conditional upon the Home Manager’s assessment within 5 working days of admission.  The Company undertakes to provide the care services set out in the Resident’s care plan in line with the Care Standards Act and Regulations (Care Plan). 

Important Information for Representatives of Residents

If you are the Representative of a Resident and sign the DOA on the Resident’s behalf, the Terms and Conditions in this document will apply to you in the same way as they apply to the Resident. You will be personally bound by these Terms and Conditions unless you have signed the DOA in the capacity of:

  • The Resident’s validly appointed attorney under either an enduring or lasting power of attorney and that power of attorney remains valid; or
  • The Resident’s validly appointed receiver.

If you are the Resident’s validly appointed attorney or receiver at the time of signing the DOA it is your responsibility to ensure that your appointment remains valid (for example by registering an unregistered enduring power of attorney at the time it becomes registrable). If your appointment as the Resident’s attorney or receiver ceases to be valid, you will immediately become personally responsible for the Resident’s obligations under these Terms and Conditions.

Proof of Funding

Prior to admission, and as a condition of residency, the Resident or their Representative must be able to demonstrate that they have the capability to fund at least 2 years’ Fees at the current rate. This could be evidenced by bank statements, investment statements or confirmation from an accountant or lawyer. The Company will only accept state funded Residents to the Home if the fee payable is, in the Company’s view, at an acceptable level.

Fees

Fees due under these Terms and Conditions are payable by the Resident and by signing the DOA the Resident accepts full liability for such fees.  They are payable in advance on the first day of each month by direct debit.  Invoices sent on a monthly basis for the Fees calculated by multiplying the daily rate by 365 days then dividing by 12. 

Where a Resident enters the Home part way through the month an ‘initial invoice’ will be produced based on the equivalent daily rate, multiplied by the number of days to the end of the month upon which residency commenced.

Where the Resident is unable to sign this Deed the Company requires that the DOA is signed by a Representative, confirming that they will be liable for the Resident’s fees and any additional charges. Unless otherwise stated, the contents of this document apply to both long stay and short stays at the Home. The DOA will identify whether the stay of the Resident is long or short term.

The Fees cover:

  • Full board and accommodation in a room for the Resident’s exclusive use (including heat, light, water, communal facilities, furniture, linen, equipment and maintenance, and all taxes and costs of statutory services). The level of Fee is dependent in part on whether the room is en-suite. The room is provided with all furniture and a TV but, if preferred, the Resident can bring their own furniture provided it complies with the relevant fire and health and safety regulations;
  • If the room is not en-suite, access to a bathroom shall be shared by no more than [four] residents of the Home;
  • A choice of meals, plus snacks and drinks [(including reasonable wine, subject to availability)]. We will also cater for most special dietary requirements by arrangement with the Home Manager [and Chef];
  • Full non-exclusive use of all the communal lounges, dining rooms and bathrooms;
  • The opportunity to join in with activities run by the Home and the use of recreational facilities (you may be asked to make a financial contribution to the cost of some activities or excursions);
  • Assistance with washing, bathing, medication and other personal services;
  • Appropriate staffing levels to support your assessed needs throughout the day and night;
  • A complete laundry service;
  • liaison with your GP, social worker, district nurse, dentist, and other allied healthcare professionals (subject to any associated charges being payable by you);
  • Nurse call systems, and other monitoring systems, as required; and
  • A full review of the Care Plan after 6 weeks and, subsequently, at least every 12 months with all relevant parties invited.

The Fees do not cover the following costs which may be charged in addition to the Fees:

  • Personal toiletries and cosmetics;
  • Replacement batteries and repairs to personal property;
  • Clothing including shoes, slippers, nightwear, and underwear;
  • Private health services;
  • Haircuts, trims and shampoos provided by a visiting hairdresser;
  • Dry cleaning;
  • Any item purchased which should otherwise be provided free, or subsidised by the NHS, including but not limited to incontinence pads, spectacles, hearing aids, prostheses;
  • Maintenance of personal effects;
  • Luxury items;
  • Incontinence support;
  • Mobility issues requiring hoisting;
  • Complex needs including diabetes, special diets etc.;
  • Hospital type bed;
  • Individual care arising from behavioral issues;
  • Supervision services;
  • Items for exclusive personal use such as newspapers;
  • Radio or private telephone in the Resident’s room;
  • Holidays and outings involving transport;
  • Special social events such as private parties; and
  • Escort duty to external appointments (including outpatients).

Some of these items can be purchased by the Home and reimbursed by the Resident or their Representative.

Where the Resident specifically requests any provisions additional to those normally provided by the Home, the Resident shall be responsible for all costs and charges incurred on purchasing those provisions whether they are purchased by the Home or the Resident.

In the case of a part of the Fees being paid by an insurance company, trust or other organisation or third party, the Home can invoice the Fees separately as agreed with the Resident, but in any event the Fees will remain the responsibility of the Resident.

Any amount not paid to the Company on its due date will bear interest from the due date to the date of actual payment at a rate equal to our bank’s base rate.

Top-up / Third Parties

If the Resident’s relevant Local Authority has agreed to fund the placement in the Home but a Top Up/Third Party contribution is required to meet the Fees set by the Company, this Deed is complimentary to, but does not replace, any direct and relevant agreements which the Company has with those bodies. The Resident or any other Third Party who intends to make the Top Up/Third Party contribution shall sign the DOA confirming their liability for such payments.

The Company has the right to change the level of the Top Up/Third Party contribution as part of the annual review of Fees outlined in these Terms and Conditions, where the Resident’s needs have changed or where the relevant Local Authority fee has been reduced.

Where the Resident is unable to maintain a Top Up/Third Party contribution, the Company may consult with the Resident and their Representative around moving to a room at a rate that is more sustainable for their funding capability.

Termination

Subject to the Trial Period and any rights to terminate this Deed arising from a proposed change to these Terms and Conditions (outlined below), the Resident or their Representative may terminate this Deed if:

  • It provides the Home with a minimum of one month’s notice, in writing, of the intention to leave; and
  • If the Deed is terminated due to the death of the Resident and the Resident’s belongings are cleared from the room within 10 days of their passing away.

Subject to the Trial Period (outlined below), the Company may terminate this Deed if:

  • It provides the Resident with a minimum of one month’s notice, in writing;
  • Its CQC registration is cancelled;
  • There is any act of violence by the Resident against staff, other residents, or visitors;
  • There is any type of abuse, persistent drunkenness, drug abuse, or other anti-social behaviour by the Resident detrimental to others;
  • There is any act by the Resident prejudicial to the operation of the Home;
  • There is non-payment or underpayment of Fees by the Resident;
  • The needs of the Resident fall outside the CQC registration categories of the Home;
  • The Resident’s care needs are not provided by the Home;
  • There is any breach of any of the other material term of this Deed by the Resident; and
  • If the Deed is terminated due to the death of the Resident and the Resident’s belongings are cleared from the room within 10 days of their passing away.

In the case of a situation arising which falls under any of the scenarios set out at 3, 4 or 5 above, the Home will endeavour to act reasonably given the circumstances, the Resident’s situation and the Resident’s Care Plan.

Save for scenario 1 where notice is mandatory, the Home will endeavour to give one month’s notice in writing in all other scenarios, but reserves the right to terminate a Resident’s placement with immediate effect in exceptional circumstances.

All personal effects of the Resident must be removed, without cost to the Company, within 10 days of termination and such items will not be held at the Company’s risk following termination of the Deed. The Company reserves the right to have such items stored following termination and shall be entitled to recover the cost to the Company of such storage. Damage caused to the room by the fitting or removal of personal furniture by the Resident or their Representative, visitors or family will be charged to the Resident or their Representative.  This may include the cost of redecorating the room where reasonably incurred.

Payment arrangements at end of residency

At the end of the Resident’s stay we will provide a statement of account. If this shows that there has been an overpayment of any Fees or charges, the amount of the overpayment will be refunded by the Company to the Resident or their Representative by direct credit. Alternatively, if the statement shows an outstanding amount due to the Home in respect of any charges, the outstanding amount will be payable within 30 days of provision of the statement.

Where this Deed is terminated on notice, or where the Resident serves inadequate notice or no notice at all, Fees are payable until the end of what would have been the 30 day notice period.  If notice was served by the Company, Fees shall only be payable until the earlier of the expiry of the 30 day notice period or the date a new resident occupies the room.

If this Deed is terminated due to the death of the Resident, Fees will be payable until the later of 3 days following the Resident’s death or when the room is cleared of personal belongings (being no later than 10 days following the Resident’s death).  If, however, a new resident occupies the room within that period, Fees shall only be payable until the commencement of their occupation.

Changes to Terms and Conditions

We shall be entitled to make modifications to this Deed to reflect new health and safety laws or sector regulations, where there is a change to the Resident’s Care Plan or to improve the service that we provide to the Resident.  In all cases, we will consult with Resident or their Representative about proposed changes and provide 4 weeks’ notice before any modification takes effect. If the Resident or their Representative objects to any modifications they have the right to terminate this Deed without penalty.

Fees are normally reviewed on an annual basis with any increase applied in April.  1 month’s notice in writing will be given of a change in Fees.  The annual review is normally based on a combination of the following:-

  • An analysis of the previous year’s costs;
  • The RPI rate of inflation;
  • Average earnings index plus minimum wage rate;
  • Any increase in costs incurred as a result of changes in legislation; and
  • Any other significant increase in specific costs.

Nothing in this Deed prohibits the Home from increasing fees if there is an unforeseen material increase in the cost of delivery of the service, for example, as a result of a change in legislation affecting the cost of care.  The Fee for a Resident may also be reviewed (upwards or downwards) if there is a significant change in the level of care provided.

If the Resident’s care needs increase to a level where they require two carers to assist with mobility, have continence issues or other increased needs then additional charges will be applied.  Any changes to Fees will be made following assessment and discussion with the Resident or their Representative and 1 month’s notice, in writing, will be given of any such change.

The Company reserves the right to transfer or assign this Deed to another Company or person becoming the owner of the Home.  The Home will consult with Residents in the event of such a transfer.

Trial Period

Before moving into the Home, Residents are welcome to visit, to meet staff and other residents, stay for lunch or tea and find out all you need to know about the Home. Once you have moved into the Home, it is important that you are able to decide if it is the right Home for you. 

The first four weeks following admission to the Home are treated as a trial period.  During this period, either of us may terminate the Deed by giving the other 7 days’ notice in writing. We may terminate the Deed during this period if it becomes clear that we cannot provide you with the level of care that your needs require.  Any Fees that you have paid for any period beyond the expiry of the notice period (or the date of your departure, if later) will be refunded to you. Where you leave the home before the end of the notice period and we are able to re-allocate your room to someone else before that period expires, we will refund any payments that you have made for the period following re-allocation.

Temporary Absence

If Residents are away from the Home (for example, because of a prearranged holiday or because the Resident is hospitalised) the Resident’s room will initially be reserved for their return.

During the first week of absence, the Fees will continue to be payable in full. After that, the Fees will be reduced by 20%. 

If the Resident is absent from the Home for a continuous period of 6 weeks, we will consult with the Resident and their Representative to seek agreement regarding the further retention of the room.

Residents admitted to hospital may require re-assessment before returning to the Home, in order to ensure that the Home can still meet their needs. 

Nursing Care

If a Resident, following assessment, is awarded a ‘Funded Nursing Contribution’ (FNC) payment, this contribution is in addition to the Fees agreed with the Resident / their Representative. FNC payments are paid by Clinical Commissioning Groups (CCGs) directly to the Home and there shall be no reduction in the agreed Fees or right to a rebate by the Resident or their Representative.

If a Resident is admitted on a residential basis and subsequently their needs change and the outcome of the reassessment is the award of an FNC payment, this will be added to the Fees to cover the change in needs.

If a Resident changes from Private to being funded by a CCG, and changing needs are assessed as meeting the criteria for Continuing Healthcare Funding (CHC), then the Home Manager will meet with the Resident / their Representative and agree the additional service charge following Fees being agreed by the responsible CCG. In any of the above changes of circumstance, an amended DOA will be signed  by the Company and Resident/Representative.

Rights of Residency

Whilst we will always endeavor not to move a Resident to a different room than agreed at admission, it may be necessary if, for example, their needs change and another room is more suitable to meet this change in need or some maintenance or decorating works need to be carried out. Residency in the Home does not constitute an assured tenancy under the Housing Act 1988 and does not create or infer any right to security of tenure. The Resident will only ever occupy a room as a licensee. The Company may also relocate a Resident at any time in order to allow it to deliver effective and efficient care services in line with the assessed needs of the Resident in accordance with the Care Plan. Such a transfer would only take place after discussion with the Resident, their family or their Representative, where such discussion is practical. If such a move is unacceptable to the Resident, the Resident has the right to serve 4 weeks’ written notice of termination of this Deed.                 

The Resident recognises by entering into this Deed that the Company shall have, and needs, full, free and unrestricted access to the room in order to provide the services referred to in this Deed.

Commendations and Complaints

The Home is happy to pass on to staff expressions of appreciation of good care practice, since this helps to maintain staff job satisfaction and morale so please feel free to pass these on to the Home Manager.

If occasion should occur where a complaint or query arises, the Resident should refer to the Company’s written complaints procedure, a copy of which is available at the Home or on request.

Insurance / Personal Items

The Resident agrees to be responsible for insuring the full replacement value of their personal belongings. This includes (but is not limited to) jewellery, hearing aids, electrical equipment and glasses and the details of any items with a value in excess of £350 must be notified to the Home Manager in writing on their admission to the Home.

The Home maintains insurance cover in accordance with the requirements of the Care Homes Act 2000 in respect of Public Liability and Employer Liability.  The extent of cover of the insurance policies held by the Home are more fully described in the Service User’s Guide.  Whilst the Company seeks to provide a secure environment it shall not in any way be responsible for cash, credit cards, cheques, certificates, bonds, deeds, documents or personal effects of the Resident unless the Company has been negligent, fraudulent or breached this Deed in respect of the Resident’s belongings.  Any of the Resident’s personal monies held by the Company at the Home are as trustee.

Furniture and other items, as notified and agreed by the Home Manager, may be brought into the Home for the use of the Resident on the condition that such items must not constitute a fire hazard, health and safety risk, nor disturb the peaceful enjoyment of the Home by other Residents and staff. All electrical items will be PAT tested by the Company’s authorised service personnel on an annual basis, at the cost of the Company and must be PAT tested before initial use by the Resident in the Home. If such items fail the test they must not be used. Use of such items may be delayed upon admission until PAT testing can be carried out. Should the Resident require insurance for specific items please ensure suitable arrangements are made.

Delivery and removal of such items shall be at the cost of the Resident or their Representative.

Laundry

All items of clothing brought into the Home should be machine washable, and suitable for tumble drying where possible. Dry cleaning of any items will be at the cost of the Resident or their Representative, and the Resident or their Representative will make the arrangements.

The Home agrees to provide a laundry service for Resident clothing, providing it is machine washable. The Home shall not be held responsible for items of clothing damaged in the normal process of laundering, unless it has been negligent.

Residents should bring labelled clothing into the Home in order to minimise the risk of clothes becoming lost property. 

When family or friends bring in clothing gifts for the Resident, or the Resident purchases new clothing themselves, the team at the Home must be made aware so that the new items can be labelled.

Gifts and the signing of Legal Documents

Staff are not permitted to accept gifts individually from Residents or to sign as a witness any legal documentation which relates to a Resident. Where gifts are given by the Resident to the Company or the Company’s employees or staff on a group basis, this should be handed to the Home Manager and the item will be logged in the Gifts Register.

Staff and volunteers are not permitted to act as witness, executor, trustee or attorney to a Resident’s will (or any other document which might be construed as a will), or to witness any legal documents concerning a Resident’s personal or financial arrangements, for example, Lasting Power of Attorney  or  Advanced Directives. Staff and volunteers are also not permitted to offer any advice or assistance to a Resident or their representative in connection with their will or other legal matters. The Company may, if requested, use reasonable endeavors to identify professional advisors such as financial or legal advisors or medical practitioners to assist the Resident in their personal affairs.

The Company will have no liability and will not be responsible for any advice or action taken by any such professional advisor unless due to any act of neglect or default on the part of the Company or its agents, or any employee of the Company.

Policy on Smoking

Smoking in the Home is only allowed in the designated areas, which are outside of the Home. This policy is to ensure the comfort and safety of all our Residents.

Parking

The Home offers limited onsite parking for visitors and Residents. Parking is at the owner’s risk and the Home can accept no responsibility for damage to vehicles parked at the Home.  

Notices

Any notice or other information required or permitted to be given by either party under this Deed shall be deemed to have been validly given if served personally upon that party or sent by recorded delivery post. Where the Resident is not responsible for the payment of Fees, the notice must in addition be sent or hand delivered to the person undertaking responsibility to pay the fees in respect of the Resident under the DOA.  Any notice sent by post will be deemed to be received by the other party within 48 hours after the date of posting.

Limitation of Liability

The Company shall not be responsible for the Resident once they are outside the Home if the Resident is not accompanied by a member of staff of the Home, unless the Home has been negligent or has breached any duty it may owe to the Resident (either arising under this Deed or by virtue of any other duty imposed or implied by law).

The Company shall not be liable if there is any interruption to the services, where the interruption arises due to events beyond the reasonable control of the Home, unless the Home has been negligent or has breached any duty it may owe to the Resident (either arising under this Deed or by virtue of any other duty imposed or implied by law).

Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury resulting from the negligence of any party or their servants, agents or employees.

The Company shall not be liable to any Resident or Representative for any indirect, consequential or special damages arising out of, or in connection with, any Resident’s stay or the Terms and Conditions contained in this Deed.

Data Protection

The General Data Protection Regulations (GDPR), May 2018, requires us to ensure the information we hold is accurate and secure.  The Data Protection Commissioner has highlighted healthcare as a special category that has to ensure only those with justifiable access to data are allowed access, in line with other existing regulations.  Information is held as a requirement of our regulator the Care Quality Commission (CQC).

In signing this Deed you giving your permission for us to use photographs for the purposes of inclusion in documents including, but not limited to, Care Plans, medical administration records, room identification and Residents’ folders.

Residents

We hold personal information in order to provide the Resident with an appropriate level of personal care.  In signing this Deed you agree to the collection and holding if this information in accordance with the GDPR.

Representatives

We do not hold any Representative personal data other than name, address, telephone numbers and email address and if you are a power of attorney a copy of the LPA.  The information we hold will allow us to contact the Representative as the named representative(s) for a resident, in connection with their care whilst they reside with us.  We will not contact you for marketing purposes nor forward your details on unless this relates to other healthcare professionals who may need to contact you about the resident.

We are obliged to securely retain healthcare records for a period of three years after the last entry and your contact details and finance records for a period of seven years.  After this time records will be securely destroyed in line with our data retention policy.

If you wish to view your records, contact the Home Manager in the first instance.  Such disclosure will be in accordance with the GDPR or the Resident’s instructions and/or their Power of Attorney, or as directed by a judicial authority.   In all other respects such information will be kept confidential.

Representative as a Guarantor

Where the Resident’s Representative is also Guarantor for the Resident under this Deed, the following shall apply:

  • The Guarantor guarantees the performance, observance and discharge of the Resident’s obligations under this Deed;
  • If the Resident defaults in the payment when due of any sum due under this Deed the Guarantor shall, immediately on demand by the Company, pay that amount to the Company in the manner prescribed by this Deed (or (as the case may be) any agreement entered into pursuant to or in connection with it) as if it were the Resident;
  • The Guarantor as principal obligor and as a separate and independent obligation and liability from the above points, agrees to indemnify and keep indemnified the Company in full and on demand from and against all and any losses, costs or expenses that it suffers out of the Resident's failure to perform or discharge any of its obligations under this Deed;
  • The Guarantor’s guarantee under this Deed covers the ultimate balance of all monies payable by the Resident under this Deed, irrespective of any intermediate payment or part discharge of amounts owing;
  • The liability of the Guarantor shall not be reduced, discharged or otherwise adversely affected by:
    • Any act, omission, matter or thing which would have discharged or affected the liability of the Guarantor had it been a principal obligor instead of a guarantor or indemnifier; or
    • Anything done or omitted by any person which might otherwise discharge the Guarantor or otherwise reduce or extinguish its liability under its guarantee;
  • The Guarantor waives any right it may have to require the Company (or any trustee or agent on its behalf) to proceed against or enforce any other right or claim for payment against any person before claiming from the Guarantor;
  • The Guarantor shall, on a full indemnity basis, pay to the Company on demand the amount of all costs and expenses incurred by the Purchaser in connection with the preservation, exercise, enforcement, discharge or release of the Guarantor’s guarantee under this Deed;
  • Until all amounts payable by the Resident under or in connection with this Deed have been irrevocably paid in full, and unless the Company otherwise directs in writing, the Guarantor shall not exercise any security or other rights it may have by reason of performing its obligations as Guarantor; and
  • The guarantee from the Guarantor under this Deed shall be in addition to and independent of all other security which the Company may hold from time to time in respect of the Resident’s obligations under this Deed.

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