Service user contracts

Specialist social care solicitors

Providing a complete range of legal and regulatory services to care providers

Direct contact with a lawyer who provides practical and commercial advice

An in-depth understanding of the key complex issues affecting the sector

Work in partnership with regional care associations

Service user contracts for care providers

It is vital for providers to ensure that service user contracts are well-drafted, compliant with consumer law and watertight to protect against non-payment. We regularly review contracts which are out-of-date, un-enforceable or contain illegal terms.

Following a 12 month study, the CMA has issued draft Guidance to help care providers comply with their consumer law obligations. If implemented in its current form (which we consider is likely) the proposals contained in the draft Guidance will have wide-reaching implications for the way in which care providers (i) provide information to prospective service users prior to admission and (ii) the terms on which contracts are entered into.

The draft Guidance proposes significant changes to way in which many providers currently operate and is likely to require all providers to make operational changes.

These will bring practical challenges, particularly where emergency placements are required. It is vital for providers to ensure that their service user contracts are well-drafted and compliant with consumer law. Failure to do so may result in enforcement action by the CMA, Trading Standards and residents.

Whilst the Guidance won’t be finalised until the Autumn, the CMA are already scrutinising the practices of care providers. We would encourage providers to review their practices and contracts with a view to implementing change as soon as possible.


We have developed a model contract which is compliant with consumer and mental capacity legislation but also draws on our experience of resolving contract issues for and protecting providers.  It caters for both residential and nursing homes.

A separate contract has been developed for domiciliary and community care providers. If the CMA issue a model contract it is unlikely it will protect providers in the same way.

I have always found them to be accessible and quick to respond to any queries. I am very happy to recommend the Social Care team at Royds Withy King to other care home providers.
Ravi Gidar, Director Gold Care Homes

FAQs

We very often find that sellers are not employing staff, particularly bank staff, legally. We will fully review all staff contracts and operational procedures and ensure any issues are dealt with pre-sale.

Very often we find that sellers’ documentation is incomplete or there are areas of non-compliance, for example missing fire risk assessments or equipment service certificates. We can help you identify and remedy these issues before the sale starts, reducing the chances of a buyer asking for a retention or re-negotiating the price.

In certain circumstances, providers must give service users a 14 day cooling off period after they have signed the contract to allow them to change their mind. We can advise on when this might be applicable.


Contact us to find out how our expert team can help.