Care Home Contract Issues

Our Elderly, Care & Mental Capacity team acted for a client who wanted to challenge the terms of a care home contract that related to her husband. He had been occupying a room in a residential care home for over a year when the care home decided that they could no longer cater for his needs.

The gentleman has dementia and the care home said that they could not offer the specialist care he required, despite having known his condition when they first admitted him into their care.

Following an assessment by a registered nurse, it was decided that it would be in the gentleman’s best interests to be moved and our client set about trying to find alternative accommodation. The care home was well aware of the action that was being taken and knew that he would be moving out on a specific date.

They then presented our client with an invoice for an additional month’s rent, claiming that she had not given formal notice of her husband’s desire to move out, despite the fact that it was the home themselves who had suggested that the gentlemen be moved in the first place. They tried to rely on one of the clauses in the care home contract that our client had signed. We successfully argued that this was in breach of the contract terms and our client was not going to pay any additional fee.