Someone in a care home

Evicted from a care home: What to do if a person with dementia is asked to leave

Information

The things you need to consider when a care home asks a resident who has dementia to find somewhere else to live.

Sam Cox
28 November 2019
medium read

‘My mum has dementia and pays for her own care, but her care home has asked her to find somewhere new to live. What rights does she have?’ 

Apart from being upsetting and stressful, it can be tricky to know how to respond if a care home wants to evict someone. Much will depend on the home’s reasons for asking your mum to leave. 

Real stories
Finding comfort for Dad with dementia in his final years at a care home
Lyn and her dad
Real stories
26 November 2019

Reasons 

There are situations where a care home can ask a resident to leave. 

The home should do whatever it reasonably can to meet a resident’s care needs. However, if it can’t provide the right care, then the person might be asked to move somewhere that can. 

The same is true if the person is violent and there’s a real risk of serious harm to staff, other residents or themselves if they remain. 

Someone could also be evicted if they have repeatedly failed to pay their fees and now owe a significant amount of money. 

Rights 

Even if the care home has reason to ask your mum to leave, she still has rights that must be respected. 

She should be given the reasons why she’s being evicted, and the opportunity to appeal the decision. 

She should also have a notice period of 28 days, or longer if this is stated in the care home contract. 

Even if the care home has reason to ask your mum to leave, she still has rights that must be respected. 

Responding 

Look through your mum’s contract with the care home – clauses about ‘termination of contract’ should say how the arrangement can end and what the notice period should be. The contract may also give her additional rights, such as stating that there should be a meeting with management or a mediation process. 

If the care home hasn’t given its reasons for asking your mum to leave, then ask for these. If you disagree with the reasons, ask to discuss them and explain why you disagree. If this doesn’t resolve the situation and you still don’t agree, then the care home should be able to tell you how to appeal its decision. 

If you’re not satisfied with its response, you could ask the relevant ombudsman to look into your complaint independently.

If the care home doesn’t have an appeals process, then you can raise a complaint to it about this. If you’re not satisfied with its response, you could ask the relevant ombudsman to look into your complaint independently. There are separate ombudsmen for England, Wales and Northern Ireland. 

You could also speak to local social services for further advice, and for help in finding a new care home.

Other sources of information and advice are the Relatives and Residents Association, Shelter England, Shelter Cymru and Housing Rights in Northern Ireland.

Dementia together magazine: Dec 19/Jan 20

Dementia together magazine is for everyone in the dementia movement and anyone affected by the condition.
Subscribe now
More from Dementia together magazine: Dec 19/Jan 20:
Dementia together magazine is for everyone in the dementia movement and anyone affected by the condition.
Subscribe now
Categories
Care homes, Legal matters, Changes in behaviour
Back to top

77 comments

Adam
says
16 July 2023 at 2:17 pm
Hi, I have experienced similar with my mom. The care home manager blamed my wife, said she was confrontational and gave notice. A complete pack of lies. My wife is a nurse and as with many other comments asked about the standard of care. Mom was size 12 went she went in and a size 22 six months later. Her feet like balloons, then needing an inhaler and diabetes medication. we couldn't get any shoes big enough to fit her. The clothes we bought went missing, moms hair was greasy and she often smelled of urine. Of course, they didn’t like to be questioned and told awful lies to evict her. Social services became involved and have now put mom a 45 minute drive away to an area we don’t know at all. They promised to consult with us and allow us to view potential new care homes, they didn’t and moved her without our input. Social services have said they have done this in “moms best interest”. They won’t help us, ignore her, we wanted to get mom back to live with us, which mom wants to do, but they say it’s not in moms best interest. Disgraceful form of bullying. Any suggestions would be gratefully received.
Ann
says
13 March 2023 at 5:47 pm
Dear all, We are having very similar problems. My mum has been served notice from her second care home today, this after being served notice at her first! We are certain that it is our daily (and long) visits and raising of issues about shortfalls in my mum's care (e.g mix and match clothing, dirty, long nails, finding another resident asleep in my mum's bed, incorrect lifting techniques, ... ) that are the cause. I thought we were alone in this until I read an article written by Luke Clements, Cerebra Professor of Law at Leeds University (preamble below). I am bewildered by the closed-shop attitude of the care homes we have encountered so far. Any other profit making business (which is what most care homes are) would have to take customer concerns seriously, but it seems that care homes feel they're immune. Challenging care home evictions - restrictions on visiting Serious concerns have also been raised that some care homes may be relying on widely drafted termination clauses to unfairly evict residents by way of reprisal for their families or relatives making complaints (as well as imposing other measures such as visitor restrictions or bans). [1]
Dianne Anderson
says
23 May 2023 at 4:46 pm
Hi Ann we are in the same position as yourself I am absolutely appalled at the way we have been treated the manager acted disrespectful in front of other clients she should be ashamed of herself .
Kathryn
says
31 May 2023 at 8:35 pm
I have just read your comments Ann and have experienced EXACTLY the same situation. I have raised concerns with my father's care home over the past 18 months. Recently CQC have down graded the home from good to requires improvement. In light of this, i feel they can't ask him to leave based on the concerns I have raised, so they now seem to be changing their strategy and they are now claiming that his behaviour associated with his dementia is now " challenging" and they are not able to meet his needs! I have no evidence of the behaviours they claim to see. It says on their website that one of their specialisms is dementia, yet they are now claimimg that the cannot meet unexceptional needs associated with dementia!!! I completely agree with you. They want to charge huge sums and when you raise any concerns about just basic standards of care ( not unrealitic expectations), they resort to claims that needs have changed when in reality they just want you to put up with poor care and say nothing. It is appalling and a total disgrace! Is there any legal advice?
M Smith
says
08 March 2023 at 9:20 pm
My mother in law has vascular dementia ,she was admitted to a nursing home.we had to sell her house the monthly fee is £5000 month there is just £20,000 left .we have been told they can remove her .The other nursing homes aren’t very nice .we are worried sick it seems so unfair ,after they have took all that money from her .If she knew her house had gone she would break her heart ,She always made it very clear that was her legacy for her two sons .we cannot find anyone to advise us please hel
Alzheimer's Society
says
10 March 2023 at 3:54 pm

Hello M, we're very sorry to hear about your mother in law's situation. This sounds like a stressful time for you and your family. 

Please know that you can always call our support line on 0333 150 3456. You can use that to speak to our trained dementia advisors and to get information and emotional support that is specific to your mother in law's situation. More detail about the support line (including opening hours) is available here: https://www.alzheimers.org.uk/dementia-connect-support-line

In the meantime, if you're based in England, you may find our who pays for care page useful (and there are also links in the page for relevant content for Wales and Northern Ireland, too): https://www.alzheimers.org.uk/get-support/legal-financial/who-pays-care

You can also find further information that may be useful in our legal and financial section here: https://www.alzheimers.org.uk/get-support/legal-financial

We hope this helps for now, M. Please do call our support line. 

Alzheimer's web team

Tina
says
25 February 2023 at 11:07 am
I am appalled reading through these comments. I really feel for the poor families & their relatives, at what is already a distressing enough time for everyone concerned. This is a serious problem & I think the government need to step in to pass legislation that homes should not be able to advertise they take residents & then decide to ship them off elsewhere when things become difficult. I decided to look on here after my sister & brother-in-law were put in the same position after being told his mum is being evicted from the 2nd home within 2 months. I am amazed at the amount of people in this situation. Why do these homes think the solution is to evict residents? Surely the solution is to investigate the problems rather than evicting the resident, or else the problems will follow the resident wherever they go. Somebody needs to take ownership rather than fobbing families off.
Rachael
says
18 February 2023 at 4:15 pm
Mum has been in a care home since end of September 2022. We have been in the process of applying for power of attorney for finance and health and have informed the care home of this. We received an invoice for care to date in November and again told them we could settle the invoice once power of attorney is received. We have no contract signed as mum with dementia is unable to sign and we refused to sign until power of attorney is finished as we don’t have personal funds to pay the invoice. Then last week we received a letter giving us 72 hours notice to settle bill or legal action may be taken. We quickly contacted adult social care who agreed to pay outstanding amount and we would pay them back once poa comes through. We informed the care home of this. Today we receive an email from someone in a head office giving us 7 days to pay or they will basically evict mum by a date in March. Can a care home insist someone with dementia and totally bed bound and frail be moved even though we are proving we are doing things to get bill paid.
Alzheimer's Society
says
20 February 2023 at 2:51 pm

Hi Rachael

We're very sorry to hear this. It sounds like a really difficult situation for you and your family to be in. Please know you're not alone and that we're here to support you and your mum.

We'd strongly recommend calling our support line on 0333 150 3456, where you will be able to talk with one of our trained dementia advisers. They can listen and provide emotional support, and may also be able to offer further information and practical advice that's specific to your mum's situation.

You can find more details about the support line (including opening hours and other methods of contact) here: https://www.alzheimers.org.uk/dementia-connect-support-line

We hope this helps for now, Rachael. Please do call our support line.

Alzheimer's Society web team

Sharon
says
15 February 2023 at 7:15 pm
My mum is in a carehome on dementia ward and has a 5 unwitnessed falls 1 leading to hip replacement, she is now struggling to walk, but we have bought new walking frame, offered to pay for private physio, I asked to see careplan as some carers were assisting mum to toilet and some just put on the careplan changed pad, I asked are they just changing pad or are they taking to toilet (which I thought was a reasonable request and they have also moved mums bed against wall and put sensor in, which I said was good but could they look at half side rails instead of putting pillows down the side, well yesterday at 9 o clock I was told as the care home can not meet my expectations, they have served 28 days notice This is totally unacceptable
Alzheimer's Society
says
16 February 2023 at 3:48 pm

Hi Sharon,

We're really sorry to hear this, it sounds like a very difficult situation to be in. We'd strongly recommend calling our support line on 0333 150 3456 to speak with one of our trained dementia advisers. They will listen to you, provide emotional support, and can offer further information and practical advice to help with your situation.

You can find more details about the support line (including opening hours and other methods of contact) here: https://www.alzheimers.org.uk/dementia-connect-support-line

We hope this helps, Sharon. Please do call our support line.

Alzheimer's Society website team

Janet Harrison
says
08 February 2023 at 1:07 am
My mum is in nursing home for 2 years. We have made several complaints about her care she has dementia. No challenging behaviours but we have been served 28 days notice to move mum out. Just 1 issue that has been ongoing that they can't meet her needs to take her to the toilet at a reasonable time frame when she asked. We are heartbroken mum is happy there and we think it would be detrimental to her health. My sister has lpa . We are desperately seeking advice as we don't want to move her.
Alzheimer's Society
says
08 February 2023 at 3:56 pm

Hi Janet, we're sorry to hear this. It must be a very challenging time for you all. Please know we're here to provide support.

We'd recommend you call our support line to speak directly with a dementia adviser. If you call 03331503456, they will listen and can learn more about your mum's situation and provide relevant advice and support. More details about the support line (including opening hours) are available here: https://www.alzheimers.org.uk/dementia-connect-support-line

You may also find it useful to speak to or read about the Relatives and Residents Association, as they specialise in this area. You can find out more about them here: https://www.relres.org/

We hope this helps for now, Janet. Please do call our support line. 

Alzheimer's Society blog team

Sarah Dunkley
says
03 February 2023 at 4:04 pm
Hello I just got a call today from my mothers care home to say that we must come and collect her belongings as they cannot provide for her needs anymore. Basically, after a stay in a hospital, she was admitted into this care home which we were told serves as temporary shelter till they could assess whether she can go into shelter housing or a permanent care home. However she suffered another seizure again and ended up back in hospital again. when i went there on Wednesday, I was told by the hospital that the care home would need to assess her needs before they can decide to take her back. Now its friday and the care home called to ask when I am coming to pick up her belongings. Now the hospital did not inform me of the results regarding this care home assessment. My question is can they do this - just chuck her out like that. She is 66 years old and suffers from confusion. I would like to add that she was under local authority care as she is a former section 3 mental health paitent and they pay for her care. Thanks
Alzheimer's Society
says
08 February 2023 at 3:46 pm

Hi Sarah, we're sorry to hear about your mother's situation. It must be a stressful time for you all. Please know we are here to support you.

We'd suggest looking at the contract if you have it, as this should make things clearer on rights, including any eviction notice period. As it is being funded, we would also suggest that you speak with the local authority and, ideally, a social worker at the hospital, about the situation and what is being done for your mother. Ultimately, as they are paying for it, they do have a duty of care, and have to ensure that it meets your mother’s needs. A chat with them about how they are meeting this duty may help. It would also help if they made it clear what the next steps are for your mother and why, including why your mother isn’t going back to that care home and where she will be going instead. 


There is also a charity, called the Relatives and Residents Association, that you may find really useful, as they specialise in this area. You can find them here: https://www.relres.org/

We also recommend calling our support line to talk with a dementia adviser. If you call 03331503456, they will listen and may be able to provide you with more advice and support that’s specific to your mother’s situation.
More details about the support line (including opening hours) are available here: https://www.alzheimers.org.uk/get-support/dementia-support-line

We hope this helps, Sarah.

Alzheimer's Society blog team

Jane
says
23 November 2022 at 4:36 pm
Hi My relative is being evicted from their care home - is there anyway that we can put a request in to be sent their care home records? It would be useful to know what they have written before the relevant authority meetings, so we can see what the document includes in terms of their behaviour and incidents? Thanks
Karen
says
26 November 2022 at 3:13 pm
They should have all incidents on record as a daily entry in their care plan. Incidents and behaviour are recorded on a ABC chart. You can request it from the home if you have power of attorney/ power of well-being over your relative. I don’t think they can refuse this. If you don’t have power of attorney/ well being over your relative, I think you would need permission from whoever has that.
Kelly
says
24 October 2022 at 6:29 pm
My dad is 62 and lives in a dementia care home. He has been there ten months now. The last month Dad has been violent and aggressive towards staff on four separate occasions. Today I have been informed the care manager is giving notice to wiltshire council about my dad. I am worried about what is going to happen next and where my Dad will go.
Alzheimer's Society
says
25 October 2022 at 12:01 pm

Hi Kelly, we are sorry to hear about the difficult situation with your Dad. 

If you need someone to talk to, please know that our dementia advisers are here for you through our Dementia Connect support line on 0333 150 3456. They will listen to you about your Dad's situation, then will give information, advice and support.

You can find out more about the support line here: https://www.alzheimers.org.uk/dementia-connect-support-line

We hope this helps, Kelly.

M johns
says
09 May 2023 at 5:21 pm
Hi did the council find him a new home? How is your dad's incidents going ?
Pauline Williams
says
22 August 2022 at 12:46 pm
Mum been given 28 days to move as we spoke up about her care social worker couldn't make the appointment but they still served use the notice can this be right
Val Hales
says
20 July 2022 at 9:06 am
My husband has vascular dementia and in care home. They say they cannot cope with him anymore and asked for him to move. Have been trying for months to fin d new home without success. They say he is not going to bed at all and destroying seat cushions. Also refusing personal care. Have found one home but although we have been granted funding still have to find extra £400 a week extra which we do not have. No other places available . Money we have running out. I am 82 and he is 84. Whole process making me I'll. What can I do. Really desperate.
21 July 2022 at 10:06 am

Val, we're so sorry to hear you're going through such a stressful situation.

Please talk to our dementia advisers on 0333 150 3456.They will listen and learn about your husband's situation, then will give information, advice and support. You can find out more about the support line (including opening hours) and other ways of speaking with our advisers here: https://www.alzheimers.org.uk/dementia-connect-support-line

Our advisers are here for you, Val. You are not alone.

Alzheimer's Society website team

Joanne
says
10 April 2023 at 8:18 am
This is shocking, very sorry you are going through this. Where is the compassion in this country?
Lisa Kelsey
says
29 May 2022 at 6:16 pm

My 95 year old aunt with dementia has just been served 7 days notice to leave her care home as we have been unable to pay her fees due to the length of time it’s taken to authorise LPA. My uncle had set up standing order but he is 97 and was taken into care himself now and doesn’t have money left in that particular account. They have money in other accounts but he is bedridden so can’t attend the bank and is deaf so cannot transfer by phone. We’ve been trying to gain access since March but as the process is so stringent we are still awaiting approval. My aunt is also recovering from a hip fracture. I can’t believe the care homes lack of duty of care towards my aunt. They literally only care for their finances! 7 days notice on a bank holiday week is appalling.

30 May 2022 at 11:16 am

Lisa, this sounds incredibly stressful - we are so sorry to hear about your situation.

If you need someone to talk to, please know that our dementia advisers are here for you through our Dementia Connect support line on 0333 150 3456. They'll listen and learn about your situation, then give tailored information, advice and support. You can find out more about the support line (including opening hours over the upcoming Bank Holiday) here: https://www.alzheimers.org.uk/dementia-connect-support-line

We really hope the matter is resolved swiftly. Please do call 0333 150 3456 if you need to talk to us.

Alzheimer's Society website team

Sarah Smith
says
18 March 2022 at 5:27 am

My fathers care home has phoned to say they are serving notice and my dad needs to leave as they cannot meet his needs. We had a DST on Monday where primary health needs were identified and social care say we need to await panel outcome before approaching other care homes. Feeling stuck — any advice appreciated- this is a nightmare.

18 March 2022 at 12:39 pm

Hi Sarah,

We're very sorry to hear about this.

We'd strongly recommend speaking with a dementia adviser. Please call our Dementia Connect support line on 0333 150 3456 for information and support with your father's situation.

More details of our support line (including opening hours) are available here: https://www.alzheimers.org.uk/dementia-connect-support-line

We hope this is helpful,

Alzheimer's Society website team

jayne neal
says
05 February 2022 at 9:06 am

My mum as been given notice from her care home. The reason given is notthing to do with my mun tgey say its because of my behaviour, when all i have done is spoken up about things like my mums personal hygiene. If i am not happy with a service then surly i have a right to complain. The strain this as put on myself and my 91 year old dad is very stressfull. I cannot look at the contract for the home as i never recived one. My poor mum as done notthing wrong.

Alzheimer's Society
says
07 February 2022 at 4:18 pm

Hello Jayne,

We're very sorry to hear about your mum. We'd strongly recommend calling our support line on 0333 150 3456 to speak with one of our trained dementia advisers. They will listen to your situation, and provide specific information, advice and support. You can find more details about the support line (including opening hours) here: https://www.alzheimers.org.uk/dementia-connect-support-line

You might also benefit from joining our online community, Talking Point, where carers and other people affected by dementia share their experiences. Here, you can receive helpful suggestions from others who have been in or are going through similar situations. You can browse the community or sign up for free here: https://www.alzheimers.org.uk/get-support/dementia-talking-point-our-on…

We hope this helps, Jayne.

Alzheimer's Society blog team

Shellyann
says
14 March 2022 at 5:30 pm

I really feel for you, my stepdad has been in his home for over five years, but my mum has been going on about quality of care , and the new doctor realised that notes were not up to date, what he said I don’t know , but it’s not not done well with the home they have told mum my dad (90) has to go it’s awful , Mum is crying and trying to sort things out, just at a loss we don’t know where to go,.

15 March 2022 at 5:35 pm

Hi Shellyann,

We're very sorry to hear about this.

We'd strongly recommend speaking with a dementia adviser about your situation. Please call our Dementia Connect support line on 0333 150 3456 if you need any information, advice or support.

More details of our support line (including opening hours) are available here: https://www.alzheimers.org.uk/dementia-connect-support-line

We hope this is helpful,

Alzheimer's Society website team

Elizabeth Whitelaw
says
09 August 2022 at 10:59 pm
It’s just happened to my mum too. As a nurse I have to advocated for my mum who has been served a 28 day notice because I complained. Have I just to stand by and say nothing? Allowing standards to slip .
Leigh Eastwood
says
25 May 2023 at 9:39 pm
Under the mental capacity act 2005 all parties MUST work in the best interests of the residents involved. They can't just kick them out. The case could be taken to a court of protection. We are getting to that stage now after speaking to a solicitor
Martine
says
07 February 2023 at 11:52 pm
I had exactly the same thing with my dad your sent as being difficult or heavily involved imagine saying to the parent of a school child your too heavily involved You know your father best and just want the care he deserves