The Office of Fair Trading have ruled that care home operators must change their contracts with consumers after it was found that they were unfair and unclear. This will affect around 50,000 people in more than 800 care homes across the country. Complaints from Age Concern prompted the Office of Fair Trading to act following criticisms of contracts that allowed care homes to make frequent increases in residents fees, impose unfair penalties, restrictions and obligations on residents, allow the care home to deny the responsibility for loss or damage to residents property, and be unclear about how long the fees were payable after the death of a resident.
Care home operators such as Bupa, Southern Cross Healthcare, Four Season Healthcare, Brunnelcare, Professional Healthcare, Orchard Manor Private Nursing Home, Sanderbrand and St Nicholas Healthcare were found to be in breach of the unfair terms in consumer contract regulations. The Office of Fair Trading has issued a guide on line, Fair Terms for Care, which has been published to help consumers and their advisers.
Our view
Great news for people in homes.