The Commissioner has developed this resource for older people living in care homes and those who care for and support them. The resource provides helpful information about what residents should expect if they are asked to leave their care home.
Being asked to leave a care home, no matter what the reason given to you, can be very unsettling. Even if you understand and accept the care home’s reasoning for asking you to leave, it is important that the proper process is followed as you move to your new home. The information in this resource will help you understand that process.
It can be particularly difficult if you find yourself in a situation for reasons that are unfair, and you do not accept as valid.
This resource provides answers to key questions, as well as other useful information and advice to help you navigate this uncertain and challenging time. If you are in the process of leaving your care home and would like help and support, or if you need information and advice on other matters, please contact the Commissioner’s Advice and Assistance service – contact details below.
More information about your rights when moving into, living in, and leaving a care home is also available in the Commissioner’s “Know your rights: Living in a care home in Wales” information guide which is available below.
Know your rights: Living in a care home in Wales
Being asked to leave your Care Home: Helpful information about what you can do if you are asked to leave your care home
Yes, you can be asked to leave your care home, but this must be for a valid reason.
These reasons must be clearly outlined in the contract with the care home and can include:
- if your assessed needs have changed and the care home can no longer meet your needs (even after they have made reasonable adjustments)
- if you have repeatedly not paid your fees and you have large arrears
- if you are admitted to hospital, the absence is not temporary, and you are unlikely to return in the foreseeable future
- if you demonstrate behaviour that is violent towards staff or other residents and there is a significant risk of serious harm if you remain in the home
You must never be asked to leave your care home for raising a complaint.
You must never be asked to leave your care home simply because a friend or a family member has had a disagreement or a dispute with a member of the care home staff, care home manager or the care home owner.
Your care home should take time to both listen and talk to you in advance of taking any decision to ask you to leave the care home.
Terminating your contract at your care home should be the last resort after all efforts have been made to meet your needs and resolve any issues.
Most care home residents can expect to be given at least 28 days’ written notice before they are required to leave the care home. If the contract with the care home specifies a longer period, this will apply.
Only in limited circumstances can a care home require a resident to leave the care home with less than 28 days’ notice.
These limited circumstances include:
- If you are in the care home on a trial basis – however, you must still be given adequate notice and there shouldn’t be a blanket rule allowing the care home to keep any prepayments for services
- If the care home is offering respite care on a short-term basis (for example, because you need extra support following an illness or hospital stay)
If you feel that you are being treated unfairly by being asked to leave your care home, you can raise a concern via the care home’s formal complaints process.
You must never be asked to leave a care home or have your right to receive visitors restricted in retaliation for making a complaint.
You must never be pressured, intimidated, or discouraged from making a complaint by your care home.
For residents that fully fund their own care (self-funders)
If you are self-funding your care, you should follow the care home’s complaints process as set out on their website or in the home’s service guide, which will be available within the care home itself.
You may also wish to seek legal advice as a care home will need to apply to court for an order to evict you if you refuse to leave. The care home will need to prove that they have acted in line with the contract before an order can be given for your removal.
Part-funded or fully funded by the local authority, or the local health board
If your care is funded in part or in full by the local authority or the local health board (or a combination of both), you should contact the Complaints Team of the body that funds your care for information and advice on how you can progress a complaint.
You may want to request that they approach the care home on your behalf to raise your concerns.
If you have been asked to leave your care home, it is sensible to locate and understand the terms of the contract that was agreed with the care home when you entered the home.
The care home contract sets out your rights, and the care home's obligations to you, as well as any obligations you have to the care home. If your care is partly or fully funded by the local authority or local health board, or if a friend or family member is also contributing to the costs of your care, they will also have an interest in understanding the rights and obligations within the contract.
Consumer law will generally apply to all older people living in care homes, regardless of how your care is funded. If your care home fails to comply with consumer law, the Competition and Markets Authority (CMA) and other bodies, such as local authority Trading Standards Services, can bring court proceedings to stop infringements, seek compensation on your behalf and, in certain cases, bring criminal prosecutions.
You may also be able to seek damages in the courts.
For residents that fully fund their own care (self-funders)
If you are a self-funder, the contract should have been provided to you or your representative directly by the care home. If you do not have a copy or, cannot locate your copy, ask the care home to provide a copy.
For residents that are fully or partially funded by the local authority or the local health board
If your care is partly or fully funded by the local authority or local health board then they may hold the contract with the care home. You should approach the party funding your care to discuss the terms of the contract.
An Independent Professional Advocate
Depending on your individual circumstances, you may be entitled to access the support of an Independent Professional Advocate (IPA). An IPA works closely with an individual to ensure that their views are accurately conveyed, and their rights are upheld.
Contact your local Social Services department if you wish to discuss whether accessing an IPA is an option in your individual circumstances.
Independent Mental Capacity Advocate
If a care home resident has been assessed as lacking mental capacity to make a decision in relation to a move to a care home that would be for more than 8 weeks, and the resident has no ‘appropriate’ family and friends who can be consulted, the relevant Social Services or local Health Board must refer the individual to an Independent Mental Capacity Advocate (IMCA).
Your local Social Services department or health board can provide more information on the circumstances in which an IMCA might be appointed.
You can approach your local authority Social Services department for help with finding a new care home. Even if you fully or partially fund your own care, you can ask the local authority to help arrange your new care home placement. Where a public body is responsible for funding (either wholly or partially) or is responsible for arranging your care, you have greater protections in law as public bodies must uphold your human rights in all they do.
You may wish to request an assessment or re-assessment of your care and support needs to ensure that any new care home is appropriate to your needs. Your local authority Social Services department is best placed to assist with this request.
CareHomes.wales is a website that provides information about every adult care home in Wales and lets you search for options that meet your needs. It uses information from Care Inspectorate Wales, the regulator for care homes, as well as information from care home providers. You can find the website below:
Llais
If you need to raise a concern about an NHS or social care service, you can talk to Llais.
Llais is an independent statutory body, set up by the Welsh Government to give the people of Wales more say in the planning and delivery of their health and social care services – locally, regionally, and nationally.
Their trained, dedicated complaints advocacy staff will provide you with free, independent, and confidential support.
3rd Floor, 33 – 35 Cathedral Road, Cardiff, CF11 9HB
029 2023 5558
enquiries@llaiscymru.orghttps://www.llaiswales.org/in-your-area
Citizens Advice Consumer Helpline
If you feel that your care home is treating you unfairly by asking you to leave, then they may be in breach of consumer law.
If you wish to complain about a care home’s consumer services, you should contact Citizens Advice Consumer Helpline for advice and guidance.
0808 223 1133 (to contact a Welsh-speaking adviser - 0808 223 1144)
https://www.citizensadvice.org.uk
As well as giving you advice, the Citizens Advice Consumer Helpline can pass information about complaints on to your local Trading Standards.
Older People’s Commissioner for Wales: Advice and Assistance Service
The Commissioner understands that navigating a request to leave your care home can sometimes be overwhelming and isolating. Contact the Commissioner’s Advice and Assistance Service for support and guidance tailored to your individual situation.
Older People’s Commissioner for Wales
Cambrian Buildings
Mount Stuart Square
Butetown
Cardiff
CF10 5FLPhone: 03442 640 670
Email: ask@olderpeople.walesThe Competition and Markets Authority (CMA) publishes information guides for both older people (and those who care for and support them), as well as for care home providers.
The CMA guide “Care homes: short guide to consumer rights for residents” provides information on consumer rights for residents in care homes and their families or other representatives. The guide can be accessed here:
Care homes: short guide to consumer rights for residents
The CMA’ advice note, “UK care home providers for older people – advice on consumer law - Helping care homes comply with their consumer law obligations” provides information on consumer matters for care home providers. The advice note can be accessed on the CMA website here:
Whilst the above advice note is for care home providers, it is included here for information and understanding.
It is important to remember that the CMA’s remit covers the whole of the UK, and their guidance will reflect this in its content.
If you are unclear about how the information contained within the guide or advice note may apply to you as a resident of a care home in Wales, contact the Commissioner’s Advice and Assistance service.
