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Someone in a care home

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

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

‘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. 

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 EnglandWales 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 AssociationShelter England, Shelter Cymru and Housing Rights in Northern Ireland.

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8 comments

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So the care home my mum is at rung me this morning to say they are giving my mum 4 weeks notice as they can’t cope with me because I’ve been asking when they will be allowing garden visits like many other care homes have started to do!!
I contacted the owner CQC and my local MP and because of this they want my mum gone

This is helpful
1

Hi Emma,
Really sorry to hear about this.
Hopefully you will be able to talk with the care home again and find a resolution so that your mum can stay at the care home.
If that hasn't been possible, please call our support line on 0333 150 3456, and a dementia adviser will be able to give you some information and support.
Hope this helps,
Alzheimer's Society blog team

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0

authorities put wife in a home ,i objected but the decision maker decided to lock her away robbed me of a year without my wife of 50yr. hate them,now they have all deserted me and i am struggling.cannot say to much or they will put me away again.

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17

Hi Paul, thank you for getting in touch.
We're so sorry to hear you're struggling. It sounds like you're going through a really difficult time.
If you'd like to talk to someone about your situation, please call 0333 150 3456 to speak with one of our dementia advisers. They're available seven days a week to give you support. You can find opening hours here: https://www.alzheimers.org.uk/dementiaconnect
Wishing you all the best, Paul.
-
Alzheimer's Society blog team

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16

My mother has been in the same home supposedly specifically for dementia care for11 years, self funding & happy. Just before Xmas & her 98th birthday we were told she would have to leave as she was now too vocal upsetting other residents & their families. Actually the main problem was the home was drastically under staffed, grassroots level & falling CQC ratings. After the initial shock we found a proper care home fully staffed, hopefully to end her days. The old care home did apologise after I wrote a damming letter to head office, but too little too late.

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16

My Mother broke her hip and spent six weeks in hospital, unfortunately she was unable to stand, and the care home said they would not be able to have her back. She was transferred over to NHS care, she was funded by the council, plus her contribution. They said they would not make her homeless and we had to pay the money. Even though we had emptied her room apparantely that was her home still. We will never be refunded. My Mother did eventually move to a Nursing Home who managed her needs, but she lasted two weeks, then passed away. Her dementia meant she would not have understood where she lived so that was not too bad for her.

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15

My mum was sectioned, and went into a specialist hospital, following which she went into a specialist nursing home. She, too, had become violent. Because she had been sectioned, she left on a different section ( Google it, I can't remember the numbers of the sections atm), and is funded by the NHS and the local council. According to the regulations, this care HAD to be provided for her. Should she ever need one to one care, we will need to fund that for her. I didn't realise until I Googled, what she might be entitled to. It's a steep learning curve and no guidance whatsoever while you're going through it. I hope you manage to get recompense for your costs, but meanwhile look ahead to what his future needs might mean.

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17

My father has advanced dementia and has been living in a residential home for a year. Over the last few months he has became increasingly restless and aggressive cumulating in violent episodes. It was decided they could not longer meet his needs and he needed a specialist dementia nursing home placement (they did everything possible to help him prior to this decision being made). We were involved in this decision making. We were in the process of looking at other places and him being assessed when his behaviour deteriorated and he was sectioned and admitted to hospital. He is completley self funding. I have discussed with the home my father being refunded for the weeks he is hospitalised. They argue that they cannot make him "homeless" if this money isn't kept to retain the room. We are planning and looking at other places of care that can meet his needs and were doing this whilst he was resident there so he would not be going back. On this basis I feel it is fair my father is refunded for the care he has already paid for and is not receiving whilst in hospital.

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