Case Studies and Articles
- Care Quality Commission Registration – the current situation : All residential care homes were required to re-register with CQC by 1st October 2010. Now that the dust has settled on this large upheaval are we any clearer about the new regulatory landscape? Unfortunately in many important respects we are not. It may well be many months before it is clear how the new system will operate in practice (February 2011). Read the article at this link ...
- Employing overseas workers? How to ensure that you comply with the new immigration regime. : Many care homes rely on employing non-UK/EEC workers to fill the gap left by local workers. The majority of these workers would come to the UK as a general skilled worker under ‘Tier 2’ of the UK Border Agency’s regime. Anyone that wishes to employ a ‘Tier 2’ worker must obtain a sponsorship licence and issue a certificate to each worker (February 2011). Read the article at this link ...
- Unilateral Fee Review Clauses : Care homes, like all businesses in the current economic climate, are facing the harsh realities of ever increasing costs. Many include therefore in their contracts for care a clause entitling them to unilaterally allow for fee increases. As a result of a recent decision in the case of Amberley (UK) Ltd –v- West Sussex County Council [2011] EWCA, great care needs to be taken when drafting such a clause (February 2011). Read the article at this link ...
- Challenging Continuing Care funding decisions : If you have residents who are having difficulties in paying your home’s fees or who can only do so if they sell an asset such as their former house, then a resident arranging for the NHS to pay may assist your cash flow. The NHS will, if the claim is successful, refund your actual fee and they will not impose a scale fee of any sort on you (February 2011). Read the article at this link ...
- Don’t Forget to Register! : As if running a care home were not complicated enough! Don’t forget that all providers of accommodation with nursing or personal care will need to register with the Care Quality Commission by September 2010 (article June 2010). Read the article at this link ...
- Care Homes and Old Restrictive Covenants : An issue that frequently comes up on care home sales and purchases concerns old restrictive covenants. Restrictive covenants are entries registered at the Land Registry against a property that prevent a particular use of that property. As care homes often operate from properties that started life as something else (for example a large private dwelling), it is therefore not unusual to come across covenants preventing that property being used for a business. (Article June 2010) Read more at this link ...
- Care Homes and Fire: All Care Home owners will be acutely aware of the risks of fire at their properties. Since 2006 (when the current regulations were introduced) new duties have been imposed on Care Home owners and it is now very much down to the owner to make sure that the fire safety of both the residents and staff have been fully addressed. (Article June 2010)Read more at this link ...
- Equal Rights for Agency Workers: Given the relatively high turnover of staff in the care home and healthcare industry, agency workers are often used as a valuable resource. The advantages of using agency workers are that care homes can use them to ‘fill the gaps’ temporarily without having to go through a cumbersome recruitment process; they have the comfort of knowing that the qualifications, expertise and right to work have been checked out by the agency; and they can be easily dispensed with when they are no longer needed. (Article June 2010) Read more at this link ...
- Securing Interests for Both Residents and Care Home Owners: Cashflow is the lifeblood of business. A steady cashflow can ensure the smooth running of any business, but when cashflow slows down, it can lead to very real financial problems. This presents particular difficulties for residential and nursing homes who are dependent upon their residents paying their fees on time in circumstances where those same residents may be (or at some point become) physically or mentally unable to manage their affairs adequately. (Article June 2010) Read more at this link ...
“A Superb Outfit”
– Chambers UK