Care home briefing 162 – Banning relatives from care homes or termination of residence contracts
The media have recently been highlighting cases where the relatives of residents are banned from the care home. Whilst there are no doubt some cases of poor practice, the media coverage does not address the full story.
There are a surprising number of cases where relatives or other visitors need to have their visiting restricted or supervised, or even in extreme cases for visiting to be prohibited. These are commonly because the visitors are abusing staff or by their actions putting at risk their relative or other residents at the home. This may be because the relatives are inappropriately seeking to involve themselves in personal care, supply or administer unknown medication, or are generally acting in a way that is frustrating the proper management of the care home.
On occasion, the behaviour of the relatives may mean that the care home is left in a situation where the most appropriate way forward is to terminate the resident’s placement. On occasion such steps may also be required if the resident is inappropriately placed in that particular service.
Problems of this sort are more common than one would expect. We are regularly asked to advise on this and there are many occasions where it is appropriate for action to be taken, notwithstanding the recent comments in the media. Care is needed in approaching such cases. Visiting agreements or undertakings may address the concerns but on occasion, it may be necessary to involve the courts.
Providers should ensure that their resident occupation contracts clearly provide for these steps, including termination, to ensure the contractual position is clear.
For more information or guidance, please contact:
Partner and Head of Healthcare – Providers
T. 020 7227 7040
This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.