My ref: / TR15_000851
Date: / 25 June 2015
Dear Sir/Madam
IMPORTANT
Consumer Protection from Unfair Trading Regulations 2008.
It has been brought to the attention of this service, that family members of relatives, who reside in care homes /residential homes/nursing homes, are being approached and asked to contribute towards the costs of their care, when in fact it could be illegal to do so.
As a result, we are now writing to all care sector businesses within Cornwall, to ensure compliance with the law.
The law states that where a client has been assessed & been granted Continuing Health Care (CHC) status, the costs of their care, other than in exceptional circumstances, should be fully met by the NHS.
To request a top up from a relative in these circumstances may therefore be considered to be misleading to consumers and in breach of the above regulations.
The Consumer Protection from Unfair Trading Regulations (CPUTRs) are designed to protect the interests of consumers; ensuring that anyone who decides to make a transaction for a product (which includes goods, services rights and obligations) does so in possession of the relevant facts and information.
Consumers cannot make informed decisions where;
· misleading statements or inaccurate claims are made; or
· Where key information is hidden or omitted.
In our view, a request for family members to make further financial contributions to a care package, when CHC is already in place, might mislead them into agreeing to make such contributions and therefore breach the Regulations.
It is important to note that it is a criminal offence to breach these regulations. In addition, there are also civil sanctions that can be applied in order to stop unfair practices, which harm the interests of consumers.
This authority has a legal duty to consider complaints under these regulations. We understand the financial pressures that currently exist within the care sector; however we are strongly advising businesses operating in this sector, to check their records to ensure that they are not making requests or issuing invoices for fees where clients have CHC status, as this could result in further enforcement action.
Yours faithfully
Martin Fisher
Trading Standards Practitioner
Fair Trading Team
Public Protection and Business Support
Telephone: 01872 324362