Care Home notice period

[southlucia]

To summarise, my dad was hospitalised from his care home, due to a seizure. A best interest meeting was held and it was decided it wasn't safe for my dad to return to the home. They said he needs 24 hr nursing, as he is at increased risk of falls. The care home's level of staffing was appalling, so this added to the concerns they had about safeguarding.
Dad is still in hospital while we look for an appropriate placement, but, in the meantime...

I emailed the care home's manager, as soon as I knew Dad couldn't return, stating that my dad wouldn't be returning, and the reasons for this. The email to the manager bounced back. The next day I discovered the manager had left. I then received an email from the admin lady asking me to give 28 days' notice because I had decided to move my father from this home. I explained, as above. I then received an email from the company's admin department, stating that I need to give 28 days' notice because I decided to move my father. I explained again.

It states in the contract that: if you have informed us that you wish to terminate your stay, you are required to remove your belongings out of your room, and until you do, this contract will continue to apply and you will be charged.
I moved my dad's belongings out two days after he was taken to hospital.
I couldn't speak to the manager about this, as he'd disappeared!

They are still expecting me to give 28 days' notice and charge him for another month's fees, even though my dad has permanently left; his room's been cleared and I've stated in writing that a multidisciplinary team have made this decision in my dad's best interest. Can they really do this?

I don't know how to precede with this. Any advise please?

 

[jenniferpa]

So the contract doesn't mention any 28 day notice period?

 

[southlucia]

Yes, the contract states a 28 day notice period is required. Would this still apply, even though my dad has left, and isn't using the services for the next 28 days? I can understand this process when a decision is made in advance, the person is still living in the accommodation and requiring care etc. How can they charge over 5k when he's no longer there?

 

[Jessbow]

If that is what the contract says I think its what you'll have to do.

 

[Beate]

If it's in the contract then yes, and it's immaterial why you cancel and when you get his things. I'm sorry, it doesn't seem fair, but the care home can do this if those conditions were signed by you.

 

[Poppyfields]

Hold on - you gave notice.

No one told you that the Manager had left

Surely there should have been communication on the part of the care home telling you that?

I personally think there's room for a bit of negotiation on the part of the care home

 

[nmintueo]

If it's in the contract then yes, and it's immaterial why you cancel and when you get his things. I'm sorry, it doesn't seem fair, but the care home can do this if those conditions were signed by you.

That's true; these clauses are common in such contracts, and don't have to provide an exception for a sudden change in circumstances forcing an immediate move, or, indeed, an exception for death.


Some previous discussions:

Care homes require a month's notice to terminate
http://forum.alzheimers.org.uk/showthread.php?62896

Invoice from care home after death
http://forum.alzheimers.org.uk/showthread.php?84438

Care fees, charged following death
http://forum.alzheimers.org.uk/showthread.php?45759

 

[Olliebeak]

Notice periods when it is the resident who is asked to leave

My father has lived in a residential home for almost three years. In the last few months his health has deteriorated to the point we all agreed he needed to move to a nursing home but my father refused. He has very mild dementia at age 96. Three weeks ago the home gave us notice as they can no longer meet his needs and he reluctantly accepted this. I found him somewhere to go to and he moved 10 days later. His room was empty 8 days after that. In the contract with this home the notice period was 2 MONTHS and I am horrified to find they are holding us to that despite the fact the home asked he be moved and we all agreed sooner rather than later was in his best interests as he is vulnerable and was at risk without more care. If he had died they would waive the notice period! If they fill the room in the meantime they will refund the balance but otherwise we are stuck with double fees for two months. Yes we signed the contract but it seems grossly unfair.

 

[fizzie]

You could also tell them that you are going to report them for poor care resulting from lack of staffing and poor management. I don't suppose it will help but they should be reported anyway complaints@cqc.org.uk

Sorry can't help with the contract - contracts are stifling