Can you be forced out of a care home?

When you live in a care home, staff do their best to make it clear that this place is your home and that your happiness and safety is paramount. So can you be forced out of a care home for any reason? Just as there must be special circumstances to evict somebody from a house or flat, so too can homes only evict residents with good reason.

Possible Circumstances

The home is closing

Unfortunately, care homes do sometimes close down and residents forced to find somewhere else to live. This could be because they don’t have enough residents to fund the running of the home. Or, they could be shut down because of poor CQC reports.

Caroline Abrahams is charity director at Age UK. She says: “Care homes are entrusted to care for some of the most frail and poorly people in our society. Yet when someone is at their most vulnerable, they have little or no protection from unscrupulous behaviour. Care home closures are always deeply worrying. Unplanned changes in accommodation can have devastating consequences for both residents and families. It’s also appalling that there are still stories on how some care home residents end up being evicted from their home because they or their families have had cause to complain when care fell short of the standards they have every right to expect.”

Staff cannot care for your needs anymore

Many conditions worsen over time. For example, somebody with dementia may lose further cognitive ability or somebody with Arthritis may lose more mobility. These, along with your wishes regarding the care you would like to receive, are called changing needs. Care staff review each resident’s care plan every few months. This is to make sure that the care provided befits the person’s changing needs. If your needs become so complex that staff are not trained to deliver the correct care, or there are not enough staff to deliver the volume of care you need, you may be asked to move to a more specialist home.

You breach your contract

When somebody moves into a care home, the fee payer will sign a contract with the provider. This contract will detail what is expected of each party. This should include fees, the deposit, insurance and the care provided. It makes clear that each party will treat the other party and their possessions with dignity and respect. If you flagrantly breach your contract, for example repeatedly trashing your room, purposefully breaking equipment or abusing staff, then you may be asked to leave.

You have repeatedly not paid your fees

This depends on the care home and your contract. If your money has run out and your family cannot help, then apply for funding. This should cover the costs of the home and many homes will let you stay while you apply. To receive funding for the care home you currently live in, it must meet certain criteria. If the home is more expensive than cheaper ones that can still meet your needs, you will likely have to move.

You put other residents’ safety or wellbeing at risk

Care homes, naturally, have a duty of care to their residents. This means keeping them safe from abuse, among other things. If your behaviour puts other residents in danger, physically or mentally, then you may be asked to leave. This could be verbal, physical, financial, sexual or emotional abuse. It may be behaviour that does not directly affect other residents but could potentially cause real danger, such as pyromania.

What are my legal rights?

Whether or not you are paying for your care yourself, as a consumer of the home’s services you are protected under the Consumer Rights Act 2015. As you have paid for a service that is no longer being offered, you should not be obliged to pay for the service once you have left. For example, if you have paid in advance then you should receive money back for time you weren’t living there but had already paid for.

Care homes are legally obliged to speak to you about the problem and offer support for you to solve it. For example, if you are in arrears, they should have given several warnings and spoken to you and a family member about why your fees have not been paid. Or, if you keep setting fire to things, they should put measures in place to stop you having access to matches or lighters.

If the decision is made that you must leave, the care home must give at least 28 days’ written notice. Simply giving verbal notice is void as it cannot be proven when this was given. Notice should be via printed letter and both you and the person or authority paying for your care should receive this letter too.

What happens if I’m forced out of a care home?

If you cannot stay with family and no permanent care home has been found for you, you will need respite care. This is when you stay in a care home temporarily. In this case, it will be while you and your family or your local authority finds you somewhere new to live.