Change in care home law "not appropriate"
18 Aug 05
The Scottish Executive has stated it does not think a change in the law is necessary to protect elderly residents
Scottish Ministers have said they do not accept that it is necessary to change the law to protect older people from being overcharged by care homes.
The Office of Fair Trading had recommended that existing legislation be tightened up to ensure local authorities were in no doubt that they were responsible for meeting the full accommodation costs.
The report said homes should provide straightforward price information before people moved in and that residents' contracts should be made clearer. A survey by the Scottish Executive had shown that top-up fees were being used inappropriately by a significant number of care homes for basic care services. Some residents were paying these fees out of their own pocket.
OFT recommended the removal of authorities' ability to offer residents the option of making payments to the care home provider instead of the local authority. However the Executive yesterday announced that it does not accept that it is appropriate for the primary legislation to be amended as suggested.
In a statement it promised to ensure that the law as it stands is being properly observed. "We are concerned that some authorities may be imposing net payments on residents rather than explaining the choices open to them. We will review our guidance on this point and clarify it where necessary."
The Executive proposes to rely on the proposed central information service to help families understand the options open to them.