Trial period, notice and leaving
The first four weeks are a trial. After that, the agreement can only be ended by giving notice. Here is how it works, for the resident and for the home.
A guide, not the contract. This page explains the agreement in plain English. The agreement you sign is the legal document, and it is the agreement that applies if the two ever differ. You are welcome to ask the home manager for a copy to read before you decide, and you may want to take independent legal advice.
The four-week trial period
The first four weeks of a placement are a trial. They give the resident, their family and the home time to see whether it is right.
- If the resident wants to leave during the trial, one week’s notice is needed.
- If we do not think the placement is right, we can give one week’s notice too.
- If neither side has given notice by the end of the four weeks, the placement becomes permanent.
- If it does not become permanent, we refund any fees paid in advance within 28 days of the end of the trial, less anything owed under the agreement.
Cancelling within 14 days of signing
This only applies if the agreement was signed during a visit by us to the resident’s home, a hospital or anywhere other than the home or our offices.
- You can cancel at any time within 14 days of signing, for any reason, by phone, email or letter, or with the notice of the right to cancel form that comes with the agreement.
- We will not admit the resident until the 14 days have passed, unless you ask us to in writing on that form. If you do, and then cancel, you pay the fees for the time they stayed.
- If the resident has not moved in, we refund all fees paid, including any reservation fee.
Ending the agreement after the trial
If the resident or their family wants to leave: give four weeks’ written notice. Fees are payable until the notice ends, even if the resident leaves sooner. If we can let the room to someone else during the notice period, we refund the fee for the days it is let, within 10 days of the resident leaving.
If the home needs to end the agreement: our aim is to provide a home for life. There are only a few situations when we may need to end it:
If we can no longer meet the resident's needs
The care we are registered to provide may not match what someone needs. If so, we talk to everyone involved to make other arrangements, and give as much notice as we can.
If fees are not paid
Only if fees are unpaid for eight weeks from the due date, after we have told you about the missed payment so you can put it right. We then give four weeks’ written notice.
Behaviour that puts others at risk
Before asking anyone to leave, we make every reasonable effort to manage the situation, including warnings and talking to the resident and their family. If we do ask, we give four weeks’ notice, and you can use our complaints procedure if you disagree.
If the home closes for good
We give four weeks’ notice.
If the home has to close in an emergency
We may have to ask residents to leave straight away. We would try to offer a place at another of our homes, or help you find somewhere else, and we refund fees paid in advance if you cannot be placed. If the closure is temporary, fees are suspended and the resident can move back.
[CONFIRMATION REQUIRED: the agreement’s key terms table also mentions two weeks’ notice when a resident is in hospital. Confirm how the notice for a hospital stay should be described]
Time away and hospital stays
While a resident is away, including in hospital, their room is kept for them as long as the fees are paid in full. If the absence goes on for more than eight weeks, we contact the resident and their representative to find out whether they are likely to return, and agree what happens to the room. If no agreement can be reached within a further week, we may give notice to end the agreement.
Changes to the agreement
If we need to change the agreement, for example because of new law or changes to how a home is run, we write to you before the change takes effect. If you do not agree with a change, you can end the agreement by giving four weeks’ written notice, and the change will not apply until that notice ends. [CONFIRMATION REQUIRED: the agreement says four weeks in its key terms table and at least six weeks (16 weeks for a substantial change) in clause 25. Confirm the notice we give]
We may also move a resident to a different room if it is in their best interests or they ask. We give four weeks’ notice, or move them immediately if their safety is at risk.
When someone leaves, or dies
We ask that belongings are collected on the day of departure. If they are not, fees may be charged until the room is cleared, for no more than 10 days. You can ask in writing to extend that period. We give you a statement of account and refund any fees paid in advance for services not provided.
If a resident dies, we tell their next of kin or representative and support family and friends with any arrangements they wish to make. Fees are charged for a minimum of three days from the date of death, and for up to seven more days if more time is needed to collect belongings. If the room is let before the end of any period already paid for, we refund the rest.
Common questions
Is the notice period the same at every home?
The agreement is the same, so the notice periods are too. [CONFIRMATION REQUIRED: check that the same notice periods apply at all five homes]
What if the trial does not work out?
Talk to the home manager early. If it does not become permanent, we refund fees paid in advance within 28 days of the end of the trial, less anything owed.
Can the home end the agreement without warning?
Only in an emergency closure, or where immediate action is needed to keep residents and staff safe, and then we involve the local authority safeguarding team. Otherwise notice is given, and you can use the complaints procedure if you disagree.
Keep reading
Your rights and how to complain
Your room, your information, visiting, and what to do if something is wrong.
Fees, reviews and top-ups
How fees are paid and reviewed, and how funding and top-ups work.
Your residency agreement, explained
Who signs, how the agreement is laid out, and what to do before you sign.
Want to talk it through?
The manager at your nearest home can go through the agreement with you, with no pressure to decide.