This fee, which in most cases was above £300 per week, was
charged to certain residents receiving a special type of
funding from the NHS called ‘Continuing Healthcare’. This
funding is designed to cover the costs of essential care for
people with long-term complex health needs.
The Competition and Markets Authority (CMA) considers that
Care UK broke consumer protection law by charging this
additional fee because it is unfair and contravenes NHS
rules. Under these NHS rules, residents funded through
Continuing Healthcare must not be required to pay towards
their essential care.
Following the CMA’s action, which comes as part of a wider
probe into the sector, Care UK has agreed to offer repayments
to NHS funded residents whose fees went towards their
essential care, and more than 160 residents at over 20 Care
UK premium homes will be offered compensation by the end of
November 2020. The majority of those affected will receive a
pay-out of more than £1,000, with some receiving
substantially more based on their circumstances.
On top of this, the care homes provider has also signed
formal commitments – otherwise known as an undertaking – to
stop charging this additional fee altogether for residents at
its homes.
Michael Grenfell, Executive Director of Enforcement at the
CMA, said:
Older people receiving Continuing Healthcare funding are
some of the most vulnerable in our society and should not
be expected to pay extra fees towards their essential care.
That’s why we’ve worked hard to secure refunds from Care UK
for those who paid these unfair fees.
We are pleased to see Care UK committing to make repayments
as quickly as possible, and to stop charging this
additional fee altogether, which is good news for all
current and future residents.
Notes to editors:
- More information on Care UK’s undertaking can be found on
the care homes case
page.
- Care UK, as referenced above, consists of Care UK Health
and Social Care Holdings Ltd and Care UK Community
Partnerships Ltd.
- All mentions of ‘essential care’ refer to a care package
that meets a specific individual’s health and social care
needs.
- Care UK’s ‘premium’ care homes offer enhanced features,
including additional communal facilities beyond those found
in its ‘standard’ homes.
- The additional fee referred to in this press release was
charged in Care UK’s premium homes in England.
- Whether a resident will receive a repayment, and the
amount of any repayment, will depend on the circumstances of
each resident who has paid the additional fee. The CMA will
not be publishing details of the amounts provided to
individuals.
- The CMA can only secure refunds for those that paid the
additional fee from 1 October 2015, as this is when its
redress powers came into force.
- Care UK will be contacting eligible individuals during
November 2020 via letter. However, it may take longer where
Care UK has difficulty identifying those to contact, for
example where the refund would return to the resident’s
estate.
- If you believe that you or your family member is eligible
and you have not been contacted by Care UK by the end of
November 2020, then you can contact
CHC.Fundingoffice@careuk.com.
- In agreeing the undertaking, Care UK makes no admissions,
express or implied, to any breaches of the law.
- The CMA opened an investigation into a number of care
homes providers in June 2017 due to concerns that some of the
contract terms and/or practices they use may breach consumer
law. The investigation is currently focused on the charging
of large upfront fees.
