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 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.
Andrew Copson
saysMy mum has been served notice after I made a comment on social media (not naming the home or anyone in there) after I found out my mum had had covid and I hadn't been informed, the owner phoned saying it was nothi g to do with my mum it was my post mum has dementia and cancer and been in the home for 5 yrs without problems up to now and have to re home her,, gutted isn't close to how I'm feeling
Jules
saysMy Uncle with end of life Dementia has been served notice and will be thrown out of his care home on Christmas Day! The Care Home has being dreadful to us and didn't even wait on the report from the Mental Health Team. It is proving so hard to find another care home, because he's now been branded as a trouble maker and the rates go up so high. The home states it can deal with challenging behaviour and specialist dementia, but obviously not when things get a little difficult. We are receiving regular reports of him swearing and other irrelevant behaviour such as pointing his finger. Surely these are traits of dementia and staff should be able to deal with it.
Our Christmas is ruined and alongside a full time job and elderly parents who I care for, we are facing the reality of having to find my Uncle somewhere to live.
I've read so many stories about this. My role is in Communications which means I deal with the media and they will love this story. Why are we not pulling together with Dementia UK to fight this? Will you help us with a view to changing the regulation around this? There must be thousands of stories across the UK and they present a really awful picture if brought together. I've already written to my MP and contacted Ed Balls. What do we all think? Let's pull together for the sake of our loved ones? J
Jules, we are so sorry to hear you have been facing such challenges – this must be very distressing for you and your family. Although we cannot advise on individual cases, we can share information that hopefully will be helpful.
We have details on challenging care home decisions within our coronavirus information: https://www.alzheimers.org.uk/get-support/coronavirus/dementia-care-hom…
You could make a formal complaint to the care home on their visitor policy using their complaints procedures. Alternatively, you can also contact the Care Quality Commission (CQC) on 03000 616161 or via [email protected] The CQC has regulatory powers that can be used if you have concerns over visiting policies.
We'd also recommend calling our Dementia Connect support line on 0333 150 3456 and speaking with one of our dementia advisers. They can listen to your situation and provide information, advice and emotional support. More details about the support line (including opening hours) are available here: https://www.alzheimers.org.uk/dementia-connect-support-line
You might also benefit from speaking with other people who may have been through (or are currently going through) similar situations. Within our online community, Talking Point, carers and other people affected by dementia share their experiences and offer each other support and advice. It's open day or night, and free to use. Read more about the community, or register to join the conversation: https://www.alzheimers.org.uk/get-support/dementia-talking-point-our-on…
We hope this information is helpful but please do reach out if there’s anything else we can do.
Alzheimer's Society Campaigns Team
Beverly
saysWe are in exactly the same position. Mum has been given notice at her care home. When we originally viewed the care home one the question my sisters and I asked was as to whether they provided end of life care with Alzheimer’s. They have since changed management. Now, Mum has become quite challenging they are asking us to find somewhere else, with 28 days notice. Before the eviction notice she was referred to the mental health team. Almost 6 weeks later, we are still waiting. We have asked for an NHS continuing care assessment via social services and explained the urgency and no one has got back to us about this either. We are just getting no where. A lot of care homes aren’t taking new residents because of covid.
It seems to me that her current care home take people on with Alzheimer’s claiming they can deal with patients but when things don’t get pretty, that’s it they are out.
We're sorry to hear this, Beverly - this must be very stressful for you and your family.
We'd recommend calling our dementia advisers on 0333 150 3456 so they can offer their support and guidance. Find more details about our Dementia Connect support line (including opening hours) here: https://www.alzheimers.org.uk/dementia-connect-support-line
We hope this helps, Beverly.
Alzheimer's Society website team
Ann
saysHi Ann,
We're very sorry to hear about the situation with your auntie, it sounds like a very stressful time. Please know that you aren't alone, and we are here for you.
We'd strongly recommend calling our support line on on 0333 150 3456 to speak with one of our trained dementia advisers. They can listen to your situation and provide specific information, advice and support. 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, Ann. Please do call our support line.
Alzheimer's Society website team
Jules
saysMartine
saysBeverly
saysLouise
saysMy mother has Alzheimer's and has been given notice to leave her nursing home as they cannot meet her nursing needs. We cannot find another nursing home willing to except her especially as she is diabetic and has to have 3 injections a day (sliding scale) I live abroad and looking after someone who is ill and the only family my mum has is her sister and husband who are 87. What happens if we cannot find anywhere? we are desperate. Thank you your help
Louise, we are really sorry to hear about this very stressful situation.
If you are able to, please do call our Dementia Connect support line on 0333 150 3456 to speak with one of our dementia advisers. They can find out more about your mother's situation and offer further guidance and support. On Saturday and Sunday this weekend, the support line is open between 10am – 4pm (GMT).
You might also benefit from speaking with others within our online community, Talking Point. This is where carers and other people affected by dementia share their experiences and offer each other support and advice. It's open day or night and free to use no matter where in the world you are. Read more about the community, or register to join the conversation: https://www.alzheimers.org.uk/get-support/dementia-talking-point-our-on…
We hope this helps a bit for now, Louise.
Alzheimer's Society blog team
Nora ingham
saysTim Swingler
saysMy mother recently moved out of a care home, and they are invoicing for a substantial sum in outstanding fees as she moved out "without providing effective notice". No Contract of Care was provided when she moved in, and nothing was signed by any party. They say that their terms were "deemed accepted by the acceptance of the placement".
Is this reasonable?
Hi Tim and thanks for your comment.
We'd strongly recommend calling our dementia advisers (0333 150 3456) so they can listen to the situation in full and provide guidance. Find more details about our Dementia Connect support line (including opening hours) here: https://www.alzheimers.org.uk/dementia-connect-support-line
We hope this helps, Tim.
Alzheimer's Society website team
Sarah
saysHello, my Mother has been told to leave her care home because they cannot meet her needs, she has Dementure with agitation and aggression, the problem now is that I am having a struggle getting her Nursing care, we recently had a very big well known Care Company refuse her. What do you do in a situation like this when nobody wants her. She cannot go home without 24-hour care either
Hello Sarah,
We're really sorry to hear about your mother - it sounds like a very difficult time for you both.
If the advice in the article can't help with your situation, we'd strongly recommend calling our Dementia Connect support line on 0333 150 3456. A trained dementia adviser can listen to you, and offer specific information, 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 might also like to join our online community, Talking Point, where carers and other people affected by dementia can share their experiences and support each other. You'll often find that there are many other people who have been in similar situations who can offer helpful advice. You can browse the online community, or sign up for free here: https://www.alzheimers.org.uk/get-support/dementia-talking-point-our-on…
We hope this is helpful, Sarah. Please do call our support line if you need to.
Alzheimer's Society blog team
Louise Bradshaw
saysHi Sarah ~ I feel your pain. We have just moved father in law into a home who claimed they could deal with challenging behaviour. Within hours of arriving we were told he needed sectioning. They called police at 2am who were not interested in going to care home because of covid…on duty drs wouldn’t attend for same reason…like you, once your relative is labelled as difficult, we have found it impossible to find anywhere that will take him without appropriate medication to improve his mood and outbursts of aggression. The only route open to us was to take him to hospital to be sectioned. Heartbreaking. However, it will expedite the assessment process and get him the treatment and care he needs. So sad that his final months have come to this. He’s 94..
Karen Dutton
saysMy dad is in a nursing home, he was taken to hospital two weeks this Saturday. Has carers had concerns for my dad has he did look well. Before that he has had few falls but nothing last months. Yesterday i got call from a team leader at the nursing home saying that they couldn't give dad the care he needs . I have ask for the manager to ring this morning. Has family we do not know where to go for help with this.
Hi Karen,
We'd strongly recommend calling our Dementia Connect support line on 0333 150 3456. Our trained dementia advisers will listen to your dad's situation and offer advice and support. More details of the support line (including opening hours) are available here: https://www.alzheimers.org.uk/dementia-connect-support-line
We hope this helps,
Alzheimer's Society blog team
Harriot
saysThis same thing happened to us. The home, due to their refusal to acknowledge an infection my mum clearly had, and had to send mum into hospital after she had a seizure (due to the infection), and mum was in hospital for over a month. At the end of that month they announced they would not accept her return, but still insisted on us paying for the period she was in hospital. This is a rip-off industry. They have no morals, scruples or sense of loyalty when a person's health takes a dive. They are only interested in having jolly old people who are happy and reasonably well, but woe betide you if you fall sick and require more complex and demanding care; if that happens, the wheels of eviction begin to turn. It's sinister, at best, criminal at worst. It seems from these posts that it is an epidemic.
Harriot, this sounds like it was a very distressing experience for you and your mum.
Please do call 0333 150 3456 to speak with one of our expert dementia advisers for information, advice and support. They're available seven days a week - opening hours here: https://www.alzheimers.org.uk/dementia-connect-support-line
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Alzheimer's Society blog team
Jonathan Bell
saysPATRICK
saysWow, I have just read this entire page, and see I am not the only who has raised concerns and has now been faced with my mother being evicted from her care home. She was transferred to the care home from hospital in September 2019, after it was no longer safe for her to live at home due to her Alzheimer's. No complaints or issues that could not be dealt with since then, but last year May and June, due to Covid the care home increased the rent and i paid it in full even though my mother gets part payment from the local council. Since July 2020 i have asked the Care Home for a statement showing this payment so i could enter this statement on my OPG report and nothing. Nearly a year later, Easter weekend i decided to send an email to the Care Home explaining why i need this statement and i copied in all the local authorities who have helped me along the way, and the reply i have received today is that they can no longer cope with my mother, she has been destroying care home property, is now fully incontinent, has hit a member of staff and needs to go as soon as possible with a meeting trying to be arranged today. unbelievable. I surely hope they do not think if they evict my mother or threaten to evict my mother that i will no longer ask them where my £3300 has gone.
Anon
saysGail
sayshi my mum has vascular dementia and breast cancer. We have only had visits in garden in summend they built a pod. Recently the residents all got ill after vaccination I asked for a visit because so worried about my mum they let me in pod. I asked them if they had reported adverse reactions to yellow card as many people around the country have died or got sick after vaccination. Then this week they are telling me she's has too leave. They are saying she is wandering and wetting herself and has been being aggressive verbally or short and inpatient. Im wondering now is it because of me ? When I asked how she was last week they said she was fine . They took my mum on with vascular dementia they advertise that My mum can walk unaided etc . I understand the peeing etc is alot to deal with and they are under staffed but until now they've mentioned it twice. Im slightly confused 😕
Katy
saysMy mum has also been asked to leave her care home because the staff say I have been harassing them. I have not been harassing them but there have been some concerns of late that I have perused treatment for(pressure sore, over sedation and undiagnosed ear infection) because I have raised these issues the manager says I’m stressing her out so mum has to leave! They have refused to discuss anything further with me and only raised this in a DST meeting. It’s shocking!
Martine
saysHi this just happened to me yesterday was told I was the problem because I highlighted education errors and mu dad's been asked to leave with no notice it is so shocking
Guy Gardner
saysMy mum has dementia and needs constant care. She is unstable on her feet, and her flat is way too dangerous for her to live. After being hospitalised she has been put in a care home which she loves. The council have just assessed her and decided they won't be funding her and therefore she needs to come home, with some sort of package of care. Is there anything that can be done, because without exaggeration it would be literally the end of her. Does anyone have a similar experience?
Rachel Salter
saysMy mum has just been told that the dementia home my Nan is in can no longer meet her needs. We live on an Island and so if they can't meet her needs we have no idea where can. Nan is part funded by Continuing Care and part self funding. She is under the Memory Service. What if another home can't be found for her?
Emma Knaggs
saysSo 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
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
Lynne Riley
saysHi Emma
Please do you have an update on the outcome?
I'm expecting the same thing to happen for the exact same reasons.
Emma Knaggs
saysSorry I’ve only just seen this comment, so my mum was evicted but found her a lovely new home which did allow me to visit, sadly though my mum passed on the 15th October, think it got too much for her being apart from me as I still couldn’t hold her and she stopped eating 😢😢
Gail
saysI think same happening to my mum because I asked for a visit as they all got ill after vaccination so I needed to see her
Martine
saysWhat happened in the end
paul
saysauthorities 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.
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.
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Alzheimer's Society blog team
Terry Rowe
saysMy 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.
Linda Powell
saysMy 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.
Bev
saysMy 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.