Terms & Conditions

Introduction

The Home undertakes to operate in accordance with the Health & Social Care Act 2008 and regulations under that Act 2014. This agreement shall be governed, interpreted and enforced according to the Laws of England and Wales.

We have to maintain an extensive establishment at a financial cost, therefore we need to agree with you the terms of your residency at the Home.

About this document

This document sets out the terms of your agreement with you and your residence in the Home.  This document is legally binding upon you and each Third Party.  You should read this document carefully before signing it.  You and each Third Party may wish to seek independent legal advice before signing this document.  We are happy to answer any questions you or your legal advisers have before you sign this document.

It is important for both us and you to have agreed the terms of your stay at the Home.  This document is for the benefit of you, protects you from any misunderstandings and is for our mutual benefit.  Therefore, we request that you sign this document before beginning residence at the home.

Information for representatives of residents

If you are the representative of a resident and sign the Resident’s admission agreement on the Resident’s behalf, the terms and conditions in this document will apply to you in the same way as they apply to the Resident. You will be personally bound by these terms and conditions unless you have signed the admission agreement in the capacity of:

• the Resident’s validly appointed attorney under either an enduring or lasting power of attorney and that power of attorney remains valid; or
• the Resident’s validly appointed receiver.

If you are the Resident’s validly appointed attorney or receiver at the time of signing the admission agreement it is your responsibility to ensure that your appointment remains valid (for example by registering an unregistered enduring power of attorney at the time it becomes registrable). If your appointment as the Resident’s attorney or receiver ceases to be valid, you will immediately become personally responsible for the resident’s obligations under these terms and conditions.

Care Plan

We will carry out a pre-admission assessment with you before you come to the Home to ensure we can meet your needs and on admission a basic care plan will be formulated following discussions with you and or your representatives.

A full comprehensive care plan will be in place 48hrs after admission and a review carried out 6 weeks later.

In the event of an emergency admission to the Home, we will prepare a care plan for you within 48 hrs.

Our charges

Our charges can be paid in three ways:

• wholly paid by you (private funding);
• wholly or partly paid by a local authority (local authority funding);
• partly paid by a local authority and partly paid by your Third Party (top up funding).

The way in which our charges are paid and the amount that you and each Third Party will be responsible for, depends on your personal financial circumstances.

The room fee quoted above will remain payable for the duration of occupancy (in addition to uplifts implemented throughout as advised).  Where funding is provided by social services at any point a third party top up will be paid by the undersigned to maintain the room rate payable. Relevant social services fees can be obtained by visiting the appropriate website or by contacting them directly.

If you pay our charges yourself

We have assessed the charge that applies to you based on your assessed care needs and type of accommodation.  The charge payable, including a breakdown of it, is set out in the attached schedule.

We review our charges on an annual basis and may increase our charges in line with the retail price index and any increased costs we incur in running the Home and providing care to you.  We will consult with you prior to implementing any increase in our charges and will give you at least four weeks’ notice of any increased charges. Any annual adjustment of charges for inflation shall be effected on April 1st in each year.

If your care needs change, we will assess your revised needs with you and may increase our charges to reflect your increased care needs.  Again, we will consult with you prior to implementing any increase in our charges.  Any increase will take effect from the date of which you are provided the increased level of care.

If you decide not to move into the Home straightaway, we can either:

• postpone signing this document, however we cannot then guarantee your place in the Home; or
• hold a room at the Home for you.  If you wish for us to do this, we will charge you 50% of the Charges due for the period we hold the room on your behalf.  We will not hold a room at the Home for you for longer than 4 weeks.

If you cannot afford to pay our charges (and no one else has agreed to pay our charges on your behalf) and do not qualify for local authority funding, or you do not pay our charges when due, you will be unable to remain in the Home.  We may ask you to leave the Home in accordance with clause 22.4.

Local authority funding

If you are eligible for local authority funding (or become eligible for local authority funding after you have become a resident of the Home), the local authority will pay some or all of our charges.  How much the local authority pays is dependent on your personal financial circumstances.

Where the local authority provides you with sufficient funding to cover all of our charges, we will recover our charges from the local authority.

It is important to note that, even where a local authority provides funding, it may require a contribution from you, known as the “client contribution”.

Some local authorities will pay us both the local authority contribution and the client contribution.  In this case, the local authority will ask you for reimbursement of the client contribution and you are responsible for paying this to the local authority.

Some local authorities only provide us with the local authority contribution and do not pay us the client contribution.  In this case, you are responsible for paying the client contribution (as assessed by the local authority) to us.

If you have any queries regarding the level of the client contribution, you should raise these directly with the local authority.

If you are responsible for paying the client contribution to us and you do not pay it, you will be unable to remain in the Home.  We may ask you to leave the Home in accordance with clause 22.4.  We will also report your non-payment to the local authority.

Top-up funding

Where the local authority’s funding does not cover all of our charges, one of the following will occur:

each Third Party must pay to us the shortfall between the local authority contribution (including the client contribution) and our charges (referred to in this document as Top Up Fees); or

you will be unable to remain in the Home.  We may ask you to leave the Home in accordance with clause 22.4.

Each Third Party who signs this document agrees to be personally liable for the full amount of the Top Up Fees.  If there is more than one Third Party, each Third Party is responsible to pay the full amount of the Top Up Fees and we may ask one Third Party to pay the full amount of the Top Up Fees without asking any other Third Party for a contribution.

Top Up Fees are payable in accordance with the terms set out in the Schedule.

As this document is legally binding on each Third Party who signs it, Third Parties should read this document carefully before signing it.  Third Parties may wish to seek independent legal advice before signing this document.  We are happy to answer any questions a Third Party or his legal advisers have before signing this document.

Hotel costs

Our Homes are of the highest standard and we continue to strive to improve the quality of the Home and its surroundings.  The quality of the Home enhances your time at the Home and is in addition to the costs of your residency and care received at the Home.

We may increase the hotel cost element of our charges in line with any increased costs we incur in running the Home and improving the quality of your surroundings and care.  We will consult with you prior to implementing any increase in our charges and will give you at least four weeks’ notice of any increased charges.

You will be responsible for paying any hotel costs specified in this agreement and any increases to those hotel costs.

NHS Continuing healthcare

If you become eligible for NHS Continuing Healthcare (CHC), the contribution made by the NHS usually covers the full amount of our charges.

Where the NHS contribution does not cover the full amount of our charges, it is due to the cost of the additional facilities and enhanced accommodation and services the Home provides to you.  These are over and above the requirements of your healthcare needs.  In these circumstances, you will be responsible for any shortfall between the NHS contribution and our charges.

Temporary absence

If you leave the Home on a temporary basis, whether due to a planned holiday or a hospital admittance, the following charges will apply:  for permanent, full private paying residents only:

• during the first week of absence: 100% of our usual charges;
• the second to the fifth week of absence: 80% of our usual charges;
• from the sixth week of absence: 100% of our usual charges.
• We will keep your Room unoccupied during any absences.

If you are absent from the Home for longer than 6 weeks, unless we agree otherwise in advance, we will be entitled to give you, not less than 2 weeks’ notice, to leave the Home.

Respite care

If your stay at the Home is for short term respite care, we will agree the length of your stay prior to you arriving at the Home.

Due to the costs we incur in preparing a room and the Home for your arrival, the minimum term of respite care is one week.  If your stay is less than one week, you will be responsible for our charges for one week.

We may agree to convert your short term respite care into longer term permanent residence at the Home.  In this case, we will provide you with details of our charges for long term permanent residence.

Day Care Prices quoted are for a core day (8am-6pm) and include lunch, snacks and evening meal; bathing facility and activities.

Nursing care

If you are assessed as requiring nursing care, some (but not all) of the nursing care provided to you by the Home will be funded by the NHS.  Our charges for your accommodation (as set out in the Schedule) will remain payable, either by you, the local authority or a Third Party.

Assessment as requiring nursing c]

charge does not alter the charges payable for your accommodation and other (non-nursing) services provided by the Home.

Any funding provided by the NHS in respect of nursing care will be paid direct to us and will not be included in the charges payable by you.

Payment arrangements

Our charges are payable in accordance with the attached schedule.

If you are late in paying any of the charges, we reserve the right to charge interest on unpaid charges at a rate of 8% above the base rate of the Bank of England from time to time. This will be applied on an individual basis, but will not be within 30 days of the end of the invoicing period.

We will issue invoices, for your records, every 28 days in advance, to be paid on receipt.

INCLUDED services

The following services are included in our standard charges and we will not charge you any additional fees for these:

• full board and accommodation, a room in the Home for your exclusive or shared use.  The room will contain basic items of furniture including (as a minimum) a single sized bed, wardrobe, chair and chest of drawers.  Your room will also include a wash hand basin and mirror.  You are welcome to bring other personal items of furniture into your room, provided they do not cause any health and safety or fire safety concerns and can be risk assessed.  You are responsible for the cost of bringing and removing items from your room and must notify us of all items of furniture which are in your room and belong to you;
• full use of the communal facilities at the Home, including communal lounges, dining rooms, bathrooms and gardens;
• a choice of meals, snacks and drinks.  We will provide 3 meals (breakfast, lunch and dinner).  We can cater for your dietary requirements, provided you have informed us as soon as you can;
• assistance with meeting your basic care needs, as reasonably required;
• complete laundry service (excluding dry cleaning), provided your clothing is made of a washable material;
• liaising with your healthcare team, including your GP, community or district nurse, social worker, dentist or any other professional.  Where there is a charge by any professional, you are responsible for paying the charge;
• providing you with reasonable opportunity to take part in the Home’s recreational activities from time to time.  You may be asked to make a financial contribution to some of these activities).

Extra services

We may arrange additional services to be made available to you, however you will be responsible for the cost of these.  You must pay those costs directly at the time of using the services.  These additional services may include:

• newspapers and magazines;
• personal clothing;
• hairdressing or other beauty treatments;
• private telephone lines;
• wi-fi services or other internet connectivity;
• chiropody services;
• cosmetics and toiletries;
• chiropractic or physiotherapy services;
• any transportation costs directly or indirectly incurred when organising transportation for you, including the cost to us of engaging additional members of staff or agency workers.

We will give you reasonable assistance in purchasing the additional services and items, subject to their availability at the Home.

Where you are unable to cover the cost of any of the Extra Services in this clause 16, your Representative or each Third Party agrees to be liable for the full amount of the Extra Services and we may ask one Third Party to pay the full amount of the Top Up Fees without asking any other Third Party for a contribution.

Personal possessions

As with personal furniture, you are welcome to bring personal possessions to your room, provided they do not cause any health and safety or fire safety concerns and can be risk assessed on admission.

In particular, please discuss with us any electrical items your wish to bring to your room.  You must allow us access to electrical items for periodic safety inspections and testing.  All electrical items must be checked for electrical safety prior to being brought into the Home.

We will endeavour to provide a safe environment for your personal possessions.  However, we are not responsible for any loss or damage to your personal possessions unless that loss or damage is caused by us.

The Home maintains contents insurance, however, it does not cover personal items with a value in excess of £250.  You are advised to maintain personal insurance for personal items with a value in excess of £250.  In the event of damage or loss to a high value personal item, the Home will not be responsible for such loss or damage, save where the loss or damage is caused by us.

You must complete a “Personal monies and valuables agreement form” for your personal items (with a value of less than £250) to be covered by our insurance.  It is your responsibility to notify the Home of all personal monies and items for them to be covered by our insurance policy. Please note there is a £50.00 excess charge to be paid on each claim.

Your Room

We may need to alter your room or its furnishings from time to time to comply with health and safety requirements, fire safety requirements or your personal health requirements.  We will consult with you before making any alterations, save where immediate alterations are required on safety grounds.

If your care needs change and you need a different room, we will consult with you with a view to moving you to a more suitable room within the Home.  If we are unable to move you to a more suitable room and your existing room means that the Home cannot meet your care needs, we may ask you to leave the Home.

You are responsible for paying any increased charges as a result of moving for a more expensive room.

Residency

The agreement between you and us is not intended to create a relationship of tenant and landlord.  Your occupation of a room in the Home does not give you a tenancy or an assured tenancy under the Housing Act 1988.  Your occupation of a room in the Home does not give you any right to security of tenure.

You will occupy a room in the Home as a licensee only.

Financial management

If you are unable or do not wish to control your own financial affairs, you should arrange for a relative or other representative to do so on your behalf.

We may:

• take charge of personal cash given to the manager of the Home for safekeeping.  We will issue you with a receipt for any cash given to us and the cash will be locked away;
• manage personal money only, with your prior written consent.  If you are unable to give consent, we may do so with the consent of your validly appointed attorney or receiver.  We will keep and make available for inspection adequate accounts and records of transactions. We do not hold jewellery, where jewellery is too loose to wear we will return this to the appropriate representative for safe keeping.
• All Jewellery and valuables brought into the home must be photographed and logged with staff on admission or on the day it is brought into the home.

Home rules

We have provided you with a copy of the Resident’s Guide. We may change this from time to time, provided we have consulted with all residents of the Home prior to a change and give all residents at least 4 weeks’ notice of changes, save where immediate changes are required for safety reasons.

Please do not give gifts to members of staff at the Home, as they are prohibited from accepting them without the prior consent of the Home.

Please do not ask members of staff at the Home to witness legal documents or become executors of your will, as they are prohibited from doing so.

Leaving the Home

If you choose to leave the Home, you need to give us four weeks’ written notice of your intention to leave the Home.  Your liability to pay our charges will cease on the expiry of the four week notice period or, earlier by agreement with us.  Where you choose to leave the Home:

• you must vacate the Home and take your personal possessions with you before the end of the four week notice period;
• you are responsible for paying our charges until the end of the four week notice period; and
• you must pay all sums owing to us within one week of leaving the Home.

If you require alternative accommodation or care due to medical reasons or we are in breach of any of our material (serious) obligations under our agreement with you, you may leave the Home on less than 4 weeks’ notice.  In such event:

• you must take your personal possessions with you when you vacate the Home; and
• you are responsible for paying our charges until the date you vacate the Home.

In the event of death:

• your room must be vacated and your personal belongings collected within 3 days.  If your personal belongings are not collected within 3 days, we will collect your belongings from your room and store them for safekeeping until collection.  If they are not collected within one week, we may apply a charge for the safekeeping of personal items;
• our charges will be payable until your room is vacated.  Our charges will be payable by your estate or your next of kin.  If there has been any overpayment, we will make a refund to your estate.

We may ask you to leave the Home if:

• you cannot pay our charges and do not qualify for local authority funding;
• you are privately funded and you do not pay our charges when they are due;
• you are responsible for paying the client contribution to us and do not pay it;
• you cannot afford our charges in full, the local authority or CCG contribution does not cover our charges in full and no third party is willing to pay Top Up Fees;
• any Third Party fails to pay Top Up Fees when they are due;
• having consulted with you, your representatives and your primary healthcare team, we do not believe that the Home is able to meet your care needs;
• having consulted with you, your representatives and other Service Users in the Home, your behaviour is such that we reasonably believe that your presence at the Home is seriously detrimental to the welfare of other residents of the Home.

If we ask to you leave the Home:

• we will give you at least 4 weeks’ written notice to do so, however such notice period may be reduced in the event that the Home is unable to meet your care needs;
• you must vacate the Home and take your personal possessions with you before the end of the four week notice period;
• you are responsible for paying our charges until the date you vacate the Home; and
• you must pay all sums owing to us within one week of leaving the Home.

After your stay at the home

At the end of your stay at the Home, or on termination of your agreement with the Home, we will provide you with a statement of account.  This will show any overpayments (payments which you have made in advance for a period you will no longer be at the Home) or any amounts owing from you to the Home.

We will pay you a pro rata refund of our charges for any period you have paid for but charges are not due.

Where a refund is due in respect of a client contribution or payment by a Third Party of a Top Up Fee, we will pay the refund to the person from whom we received the original payment.

Any amounts you owe to the Home will be payable within one week of leaving the Home.

Any refunds due to you will be paid no later than two calendar months after you have left the Home, subject to you provided us with any details we reasonably request to enable us to make the relevant payments.

Cooling off period

After you have signed this document, you have a “cooling-off” period of 14 days in which you can decide:

not to move into the Home, in which case we will refund any payments you have made to us;

if you have already moved into the Home, to move out of the Home.  In this case, you will be responsible for paying our charges for the period of time you were actually at the Home or one week, whichever is greater.  This is to reflect our cost in preparing a room and the Home for your arrival.

During the first six weeks’ of your residency in the Home, you can move out of the Home by giving us not less than 24 hours notice.  In this case, you will be responsible for paying our charges for the period of time you were actually at the Home or one week, whichever is greater.  This is to reflect our cost in preparing a room and the Home for your arrival.

During the first six weeks’ of your residency in the Home, we can give you no less than one weeks’ notice that we require you to move out of the Home. In this case, you will be responsible for paying our charges for the period of time you were actually at the Home only.

Complaints

A copy of our complaints procedure will be given to you on admission to the Home and will be displayed within the Home.

Third Parties

This agreement is between you, your Representative and any Third Party. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of this agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

This agreement is governed by English law. The parties agree to submit to the non-exclusive jurisdiction of the English courts.

Consent form for relatives/ residents (GDPR compliant)

The Data Controller is Mr Daniel Squibb, Managing Director

The General Data Protection Regulation (GDPR) has changed the way that we manage the processing of your data. GDPR permits the Company to use your data for certain reasons only. The most common reasons we use your data are set out below.

We need your data so that we can carry out the placement contract that we have with you. For example, we need your name, address and telephone number for invoicing purposes.

We need your data so that we can comply with our legal obligations. For example, we need documentation from you if you are an appointee or power of attorney or for monitoring complaints.

We need your data to carry out the Company’s legitimate interests. For example, we may need your consent about a specific decision such as a flu vaccination if your relative does not have the capacity to consent themselves, or in relation to a DNAR decision.

Your personal information will be held for a total of eight years.

There are other reasons we would like to use your data for which do not fall into one of those listed above. To allow us to do this, we need your consent. This means that you must let us know that you are happy for us to use your data in the way we would like. We ask that you use this form to indicate your consent to our using your data for the reasons listed in the table below.

Providing consent

The Company is committed to complying with the GDPR with regard to processing your data. If you are to give consent, it must be:

• freely given
• specific
• informed

You are entirely in control of your decision to give consent to our use of your data as requested in this form. You do not need to give consent. There will be no repercussions if you choose to withhold consent and your data will not be used in the ways set out in this form.

If you give your consent, your data will be processed in line with this Data Protection policy.

Withdrawing your consent

You have the absolute unrestricted right to withdraw your consent at any time. If you wish to withdraw your consent once it is given, you should contact the Data Controller. You will then be provided with this form where you can indicate, using the third and fourth columns above, that you now wish to withdraw your consent. There will be no repercussions because of your withdrawal and we will stop processing the data for which you have withdrawn your consent.

Change in purposes

If the purpose of using the data for which we have received your consent changes, we will seek new consent, setting out the new purpose.

YOUR representative

If you are the representative of a resident and sign the Resident’s admission agreement on the Resident’s behalf, the terms and conditions of this Part will apply to you in the same way as they apply to the Resident. By signing this agreement you:

• Are giving your consent to the Company to use your data as indicated above
• understand that you are not required to give consent to the Company’s use of your data in the ways set out in this form. Where you have done so, you have done so of your own free will
• understand the ways in which the Company wishes to use your data as set out above
• understand there will be no repercussions if you refuse to give consent in this form
• know that you can withdraw your consent at any time.