Mellor Nook.

Residential Care Home

For the Elderly

1.1 The Office of Fair Trading (OFT) announced that it intended to undertake an inquiry on care homes on 8 July 1997. Its primary objective would be to examine what information was provided to residents about their future home, what contracts were used, how the financial affairs of residents were handled, and what mechanisms existed to address complaints from residents or their representatives.

1.2. Under section 2 of the Fair Trading Act, the Director General has a duty to keep under review the carrying on of commercial activities in the United Kingdom and to receive and collate evidence about such activities where they may adversely affect the interests of UK consumers. The inquiry’s terms of reference did not include the examination of how long-term care for older people should be funded. Nor did the inquiry aim to examine how competition is working in the market in the context of the Director General’s competition powers. It was focused solely on the experience of residents as consumers in care homes within the public, private, and voluntary sectors.

1.3 The OFT’s press release of 8 July 1997 invited views from residents, relatives, pressure groups, government departments, local authorities, and health authorities. It identified the following particular areas of concern:

information - were residents given sufficient information to enable them to choose the best home, and was it made clear at the outset what was included in the fees?

contracts - whether the residents were given contracts, and did the contracts clearly explain what services and facilities were included, the terms and conditions of the residence and how to make complaints?

financial issues - how adequate was the financial protection given to residents - for example, did they have control of their own money, did they have to surrender their benefit books on entering a home, would they risk losing their money if the home closed down because it had not been held in a separate account? and

redress - were the existing complaint procedures sufficient, known about, and effective?

1.4 The OFT received a large number of letters and other written submissions from both individuals and organizations. This data was supplemented by information received in phone calls and at face-to-face meetings. The OFT would like to put on record its appreciation of the contributions made by respondents. It is particularly grateful to those individuals, mainly carers and relatives of residents, who have passed on details of their own experiences - sometimes during periods of personal distress.

1.5 Throughout the inquiry, the underlying aim was to give a voice to the residents of care homes. In many cases, it was carers, relatives, charities, and other organisations who spoke for them. Nevertheless, there was a wish to reach residents directly and find out about their experiences. To that end, the OFT commissioned a survey of residents within residential and nursing homes. The inquiry team is extremely grateful for their participation in the survey. It would also like to thank the local and health authorities and care homes who made it possible for researchers to gain access to residents.

1.6 The OFT has been conscious of the pending legislative changes to the regulatory regimes for care homes. Consequently, while its recommendations have been directly based on the evidence collected, these have been framed in such a way that they can be progressed within the revised legislative framework. But, because there remain a number of unknown factors, in terms of who should take responsibility for acting on them, it has not been possible to be as specific as some readers might have wished. This report sets out principles of best practice that the OFT believes should be adopted and encouraged by everyone with an interest, and a part to play, in raising standards of consumer care in this area of customer service.

For a copy of the factsheet, Choosing a Care Home, and additional copies of this report,

Telephone

0161 427 4293

FAX

0161 427 0843

Postal address

Mellor Nook, 

133/135 Moor End Road, 

Mellor, 

Stockport,

SK6 5NQ

 

Electronic mail

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Copyright © 2001 Mellor Nook Rest Home
Last modified: February 15, 2007

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