The Home undertakes to operate in accordance with the Health & Social Care Act 2008 and regulations under that Act 2014. This agreement shall be governed, interpreted and enforced according to the Laws of England and Wales.
We have to maintain an extensive establishment at a financial cost, therefore we need to agree with you the terms of your residency at the Home.
This document sets out the terms of your agreement with the home and your residence in the Home. This document is legally binding upon you and each Third Party. You should read this document carefully before signing it. You and each Third Party may wish to seek independent legal advice before signing this document. We are happy to answer any questions you or your legal advisers have before you sign this document.
It is important for both us and you to have agreed the terms of your stay at the Home. This document is for the benefit of both you and the home, protects you and the home from any misunderstandings and is for our mutual benefit. Therefore, we request that you sign this document before beginning residence at the home.
If you are the representative of a resident and sign the Resident’s admission agreement on the Resident’s behalf, the terms and conditions in this document will apply to you in the same way as they apply to the Resident. You will be personally bound by these terms and conditions unless you have signed the admission agreement in the capacity of:
If you are the Resident’s validly appointed attorney or receiver at the time of signing the admission agreement it is your responsibility to ensure that your appointment remains valid (for example by registering an unregistered enduring power of attorney at the time it becomes registrable). If your appointment as the Resident’s attorney or receiver ceases to be valid, you will immediately become personally responsible for the resident’s obligations under these terms and conditions.
We will carry out a pre-admission assessment with you before you come to the Home to ensure we can meet your needs and on admission a basic care plan will be formulated following discussions with you and or your representatives.
A full comprehensive care plan will be in place 48hrs after admission and a review carried out 6 weeks later.
In the event of an emergency admission to the Home, we will prepare a care plan for you within 48 hrs.
Our charges can be paid in three ways:
The way in which our charges are paid and the amount that you and each Third Party will be responsible for, depends on your personal financial circumstances.
The room fee quoted above will remain payable for the duration of occupancy (in addition to uplifts implemented throughout as advised). Where funding is provided by social services at any point a third party top up will be paid by the undersigned to maintain the room rate payable. Relevant social services fees can be obtained by visiting the appropriate website or by contacting them directly.
We have assessed the charge that applies to you based on your assessed care needs and type of accommodation. The charge payable, including a breakdown of it, is set out in the attached schedule.
The Weekly Fee is calculated taking into account a number of factors and is payable monthly in advance. We review our charges on an annual basis in line with changes in the Consumer Prices Index including housing costs (CPIH), NLW and any other increased costs we incur in running the home and providing care to you. We will consult with you and your representatives before implementing a change in your fees and provide you with at least 28 days’ notice in writing. The increase will take effect on the 1st April each year unless, before that date, you give us 28 days’ notice to end this agreement. This will apply to all residents regardless of the date of admission to the Home.
If your care needs change, we will assess your revised needs with you and may increase our charges to reflect your increased care needs. Again, we will consult with you prior to implementing any increase in our charges. Any increase will take effect from the date of which you are provided the increased level of care.
If you decide not to move into the Home straightaway, we can either:
Fees are payable in advance on the first of the month. Fees will be collected by Direct Debit unless alternative arrangements are agreed in writing. On admission a payment of 4 weeks fees is required upfront, Debit Card payment via www.springcare.org.uk is preferred method of payment. Credit Card payments will incur a 0.5% transaction charge.
Short stay (28 days and less) are payable upfront before admission as above.
If you cannot afford to pay our charges (and no one else has agreed to pay our charges on your behalf) and do not qualify for local authority funding, or you do not pay our charges when due, you will be unable to remain in the Home. We may ask you to leave the Home in accordance with clause 22.4.
If you are eligible for local authority funding (or become eligible for local authority funding after you have become a resident of the Home), the local authority will pay some or all of our charges. How much the local authority pays is dependent on your personal financial circumstances.
Where the local authority provides you with sufficient funding to cover all of our charges, we will recover our charges from the local authority.
It is important to note that, even where a local authority provides funding, it may require a contribution from you, known as the “client contribution”.
If you are responsible for paying the client contribution to us and you do not pay it, you will be unable to remain in the Home. We may ask you to leave the Home in accordance with clause 22.4. We will also report your non-payment to the local authority.
If funding you were receiving is stopped then the weekly fee will become payable by yourself from that date in full.
Where the local authority’s funding does not cover all of our charges, one of the following will occur:
Each Third Party who signs this document agrees to be personally liable for the full amount of the Top Up Fees. If there is more than one Third Party, each Third Party is responsible to pay the full amount of the Top Up Fees and we may ask one Third Party to pay the full amount of the Top Up Fees without asking any other Third Party for a contribution.
Top Up Fees are payable in accordance with the terms set out in the Schedule.
As this document is legally binding on each Third Party who signs it, Third Parties should read this document carefully before signing it. Third Parties may wish to seek independent legal advice before signing this document. We are happy to answer any questions a Third Party or his legal advisers have before signing this document.
Our Homes are of the highest standard and we continue to strive to improve the quality of the Home and its surroundings. The quality of the Home enhances your time at the Home and is in addition to the costs of your residency and care received at the Home.
We may increase the hotel cost element of our charges in line with any increased costs we incur in running the Home and improving the quality of your surroundings and care. We will consult with you prior to implementing any increase in our charges and will give you at least four weeks’ notice of any increased charges.
You will be responsible for paying any hotel costs specified in this agreement and any increases to those hotel costs.
If you become eligible for NHS Continuing Healthcare (CHC), the contribution made by the NHS usually covers the full amount of our charges. Where the NHS contribution does not cover the full amount of our charges, it is due to the cost of the additional facilities and enhanced accommodation and services the Home provides to you. These are over and above the requirements of your healthcare needs. In these circumstances, you will be responsible for any shortfall between the NHS contribution and our charges.
In some circumstances a local authority or the NHS may retrospectively determine a resident is entitled to receive local authority financial assistance, FNC or NHS Continuing Healthcare funding. Should this happen, the Client will remain liable for the full fees charged under this Agreement up until the time when this Agreement is terminated in accordance with the termination provisions set out in Clause 22, and a new agreement entered into between ourselves and the funding body. If the fees the local authority or NHS agree to pay are lower than those that we charge, the Total Fees under this Agreement remain payable until this Agreement is terminated.
Council Deferred Payment Agreement – If you have entered into a Deferred Payment Agreement with a local authority you are required to disclose this to us. A local authority will pay the costs of your care until you have sold your property. If the fees the local authority agrees to pay during this period are lower than the fees we charge, you may be required to meet any shortfall. This is called a ‘First Party Top Up.’
If the Resident’s placement has been arranged by a local authority/CCG/ or NHS Trust in order to facilitate the Resident’s prompt discharge from hospital on a ‘Discharge to Assess’ basis, the Client will be required to sign this Agreement confirming that they will be responsible for the terms set out in the Agreement, including the fees. If a local authority/CCG/NHS Trust pays our fees during the Assessment period, no charge will be made to the Client. The Client will be responsible for our fees in the event that the local authority/CCG/ or NHS Trust determines that the Resident is not eligible to receive state funded support or in the event that state funded support is withdrawn.
If you leave the Home on a temporary basis, whether due to a planned holiday or a hospital admittance, the following charges will apply: for permanent, full private paying residents only:
We will keep your Room unoccupied during any absences.
If you are absent from the Home for longer than 6 weeks, unless we agree otherwise in advance, we will be entitled to give you, not less than 2 weeks’ notice, to leave the Home.
If your stay at the Home is for short term respite care, we will agree the length of your stay prior to you arriving at the Home.
Due to the costs we incur in preparing a room and the Home for your arrival, the minimum term of respite care is one week. If your stay is less than one week, you will be responsible for our charges for one week. The fee for the whole stay will be payable by credit or debit card prior to or on admission.
We may agree to convert your short term respite care into longer term permanent residence at the Home. In this case, we will provide you with details of our charges for long term permanent residence.
Day Care Prices quoted are for a core day (8am-6pm) and include lunch, snacks and evening meal; bathing facility and activities.
If you are assessed as requiring nursing care, some (but not all) of the nursing care provided to you by the Home will be funded by the NHS. Our charges for your accommodation (as set out in the Schedule) will remain payable, either by you, the local authority or a Third Party.
Assessment as requiring nursing charge does not alter the charges payable for your accommodation and other (non-nursing) services provided by the Home.
Any funding provided by the NHS in respect of nursing care will be paid direct to us and will not be included in the charges payable by you.
The Client will pay the full total weekly fee until the CCG starts to pay to the home the FNC and remain liable for the total fee in the event that FNC funding is withdrawn or if the CCG defaults on payment.
Our charges are payable in accordance with the attached schedule.
If you are late in paying any of the charges, we reserve the right to charge interest on unpaid charges at a rate of 8% above the base rate of the Bank of England from time to time. This will be applied on an individual basis but will not be within 30 days of the end of the invoicing period.
We will issue invoices, for your records, on a monthly basis, to be paid via Direct Debit on the 1st of the month as per clause 6.5.
The following services are included in our standard charges and we will not charge you any additional fees for these:
We may arrange additional services to be made available to you, however you will be responsible for the cost of these. You must pay those costs directly at the time of using the services. These additional services may include:
We will give you reasonable assistance in purchasing the additional services and items, subject to their availability at the Home.
Where you are unable to cover the cost of any of the Extra Services in this clause 16, your Representative or each Third Party agrees to be liable for the full amount of the Extra Services and we may ask one Third Party to pay the full amount of the Top Up Fees without asking any other Third Party for a contribution.
As with personal furniture, you are welcome to bring personal possessions to your room, provided they do not cause any health and safety or fire safety concerns and can be risk assessed on admission. Fabrics must be to the approved fire retardancy for care homes.
In particular, please discuss with us any electrical items your wish to bring to your room. You must allow us access to electrical items for periodic safety inspections and testing. All electrical items must be checked for electrical safety prior to being brought into the Home.
We will endeavour to provide a safe environment for your personal possessions. However, we are not responsible for any loss or damage to your personal possessions unless that loss or damage is caused by us.
The Home maintains contents insurance, however, it does not cover personal items with a value in excess of £250. You are advised to maintain personal insurance for personal items with a value in excess of £250. In the event of damage or loss to a high value personal item, the Home will not be responsible for such loss or damage, save where the loss or damage is caused by us.
You must complete a “Personal monies and valuables agreement form” for your personal items (with a value of less than £250) to be covered by our insurance. It is your responsibility to notify the Home of all personal monies and items for them to be covered by our insurance policy. Please note there is a £50.00 excess charge to be paid on each claim.
We may need to alter your room or its furnishings from time to time to comply with health and safety requirements, fire safety requirements or your personal health requirements. We will consult with you before making any alterations, save where immediate alterations are required on safety grounds.
If your care needs change and you need a different room, we will consult with you with a view to moving you to a more suitable room within the Home. If we are unable to move you to a more suitable room and your existing room means that the Home cannot meet your care needs, we may ask you to leave the Home.
You are responsible for paying any increased charges as a result of moving for a more expensive room.
The agreement between you and us is not intended to create a relationship of tenant and landlord. Your occupation of a room in the Home does not give you a tenancy or an assured tenancy under the Housing Act 1988. Your occupation of a room in the Home does not give you any right to security of tenure.
You will occupy a room in the Home as a licensee only.
If you are unable or do not wish to control your own financial affairs, you should arrange for a relative or other representative to do so on your behalf.
The home will not become involved in the management of your financial affairs.
We have provided you with a copy of the Resident’s Guide. We may change this from time to time, provided we have consulted with all residents of the Home prior to a change and give all residents at least 4 weeks’ notice of changes, save where immediate changes are required for safety reasons.
Please do not give gifts to members of staff at the Home, as they are prohibited from accepting them without the prior consent of the Home.
Please do not ask members of staff at the Home to witness legal documents or become executors of your will, as they are prohibited from doing so.
For permanent residents (Long Stay over 28 days), resident after the initial cooling off period, if you choose to leave the Home before six weeks have lapsed then 14 days written notice is required; after day 43 resident then 28 days written notice is required of your intention to leave the Home. Your liability to pay our charges will cease on the expiry of the notice period or, earlier by agreement with us. Where you choose to leave the Home:
If you require alternative accommodation or care due to medical reasons or we are in breach of any of our material (serious) obligations under our agreement with you, you may leave the Home on less than 4 weeks’ notice. In such event:
At the end of your stay at the Home, or on termination of your agreement with the Home, we will provide you with a statement of account. This will show any overpayments (payments which you have made in advance for a period you will no longer be at the Home) or any amounts owing from you to the Home.
We will pay you a pro rata refund of our charges for any period you have paid for but charges are not due.
Where a refund is due in respect of a client contribution or payment by a Third Party of a Top Up Fee, we will pay the refund to the person from whom we received the original payment.
Any amounts you owe to the Home will be payable within one week of leaving the Home.
Any refunds due to you will be paid no later than two calendar months after you have left the Home, subject to you provided us with any details we reasonably request to enable us to make the relevant payments.
After you have signed this document, you have a “cooling-off” period of 14 days in which you can decide within 24 hours:
A copy of our complaints procedure will be given to you on admission to the Home and will be displayed within the Home.
This agreement is between you, your Representative, each Third Party and the home. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of this agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
This agreement is governed by English law. The parties agree to submit to the non-exclusive jurisdiction of the English courts.
We will hold and process personal information about you. We are committed to protecting that information in accordance with applicable data protection laws, including the UK General Data Protection Regulation and the Data Protection Act 2018. Please consult our Privacy Statement (which may be amended from time to time), a copy of which is available on our website at www.springcare.org.uk and available upon request, as to why and how we process your personal data.
Where the expected duration of stay is 28 days or fewer. The total fee, i.e. the number of days multiplied by the agreed daily fee, is payable in advance of admission to the Home.
The Weekly Fee is stated in the Admission Form. The following charges apply to a long stay (permanent) resident in our Home, including a short stay (temporary) resident whose period of stay is extended beyond 28 days:
The Weekly Fee is payable monthly in advance. It will increase by 7% on 1st April each year; although where there are extraordinary circumstances described in the Resident Contract Terms above, we reserve the right to supplement this rise.
Termination. For a long stay (permanent) resident the notice period for termination of the placement is (1) 14 days during the first month and (2) 28 days thereafter. We will only terminate in the limited circumstances set out in the Resident Contract Terms below. No notice is required in the event of your death in residence at our Home (although the After Death Service Fee will apply).
Where you are not able to evidence the availability of two years’ funding, we may require you to nominate a guarantor to agree with us to pay any shortfall as a result of any default in payment by you.
Funded Nursing Care (FNC) is a contribution paid by the NHS to residents who require nursing care following an eligibility assessment. The payments are made as a contribution to the nursing care provided by registered nurses employed by the Company. The amount of FNC payments is set annually by the Department of Health and is not included in the weekly fee quoted.
THIRD PARTY TOP UP AGREEMENT- If you become eligible for local authority funded assistance, the amount that the local authority pays us may not meet our Total Fee. If this is the case, we may require that a third person, (usually a family member) agrees to pay a top up fee. A formal agreement will be entered into between the third party and the local authority. The third party should be aware that they will be liable to pay this fee throughout the period of your residency whilst your fees continue to be paid by the local authority. Default by the third party may result in you having to leave the Home.
This summary is for reference only and does not contain details of all terms of the Resident Contract Terms. Therefore, it is important that you read the Resident Contract Terms and Admission Form in full. By signing the Contract, you are agreeing to its terms and you will be personally liable for the payment of fees and other charges set out in the Contract.
We are afraid that we are not able to accommodate your pets but will attempt to facilitate visits. Please discuss with the Manager.
We are regulated by the Care Quality Commission (CQC) The contact details being Tel.: 03000 6161661 CQC, Citygate, Gallowgate, Newcastle Upon Tyne. NE1 4PA
Any safeguarding concerns can be raised with the Adult Safeguarding Team at our local authority.
We operate a robust complaints process. If you have any cause to complain, we request that you follow our complaints process to ensure that we deal with your complaint effectively. A copy of our complaints process is available from reception and is on the website. If you remain dissatisfied with how we have handled your complaint you can refer the matter to the Local Government and Social Care Ombudsman. https://www.lgo.org.uk/contact-us