Last Updated on January 22, 2018

The Competition and Markets Authority is consulting on draft consumer law advice for UK care home providers on the charging care home fees after death.

The consultation on draft consumer law advice focuses on the charging of fees after a resident’s death and the treatment of their possessions. The purpose of the advice is to help care home providers supporting older people understand and comply with their consumer law responsibilities.

The Competition and Markets Authority is inviting interested parties to respond to the questions in Section 4 of the consultation document. The final advice, and an anonymised summary of responses that fall within the scope of the consultation, will be published in spring 2018.

The Competition and Markets Authority is also inviting relatives and representatives of deceased residents to complete a short online questionnaire.

The consultation follows the Competition and Markets Authority publishing its final review of the care home market saying that urgent action is needed across the UK care home sector. It called for reform of the care home sector so people get the support they need in their old age, and is taking action against some homes.

The investigation recommended that greater protection is put in place for people in care homes. Concerns included homes not being clear enough upfront about their prices or terms and conditions, not protecting residents’ deposits effectively against the risk of insolvency, and not being fair when asking a resident to leave or when banning visitors.

The investigation has led to Maria Mallaband Care Group’s decision to stop using a contract term requiring the payment of one month’s fees following the death of a resident who paid for their own care. 

The consultation closes at 5pm on 16th February 2018.