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Terms and
Conditions of Residence
This page clearly sets out all
the terms and conditions of residence at St John's Nursing
Home. A printed version of this document is available on
request.
(Sums of money marked £XXX
will vary according to your circumstances)
AGREEMENT BETWEEN
(A) R & E KITCHEN, 6 Beechwood Rise, West End, Southampton,
Hampshire. SO18 3PW (“the Provider”).
and
(B) xxx (“the Resident”)
Room XX
We are pleased to welcome you to St John’s Nursing Home.
Your stay with us commenced on xxx.
1. Your fees will be £xxx per week, payable by the Resident
or on behalf of the Resident by the Third Party Contributor
or identified below to the Provider one calendar month in
advance on the first working day of the month by Standing
Order or Direct Debit
This weekly fee is broken down as follows:
£106.30 will be paid by the Southampton PCT.
£xxx will be paid by the Local Authority.
£xxx will be paid by the Resident or identified Third Party
Contributor (see below).
The Third Party Contributor:..
Name:
Address:
Relationship to Resident:
1.1. This Agreement sets out the respective rights and
responsibilities of we, the staff and management of the Home
and you, the Resident, relating to your prospective
residence in the Home. The Home aims at all times to achieve
the national minimum care standards and to comply with the
full range of Care Home Regulations. Our philosophy, aims
and how we provide our services are fully explained in our
Statement of Purpose and Service User’s Guide, which is
available at the home for you to view.
We recognise that providing good care is a co-operative
process and we will attempt to consult you and, where
appropriate, your relatives, friends and representatives at
all times and as fully as possible.
This is not a tenancy agreement; and does not give the
resident an interest in any land or buildings, which
comprise the Home. This agreement is between the Provider
and the Resident. It is not transferable.
In exceptional circumstances, on the basis that the Provider
has carried out discussions with the Resident and their
associated Care Manager, the Provider reserves the right to
move the Resident from one room to another within the Home.
1.2. On changing accommodation, should the Provider’s view
be that the new room is not of approximate equal value to
the previous accommodation, then an adjustment in charges
will be made.
1.3. If the Resident is unable or does not wish to control
his/her own financial affairs, he/she should arrange for
his/her legal adviser, bank manager, accountant, advocate,
next of kin or a friend to do so on his/her behalf. He/she
may also ask the Local Social Services authority to take
responsibility for handling his/her personal money.
1.4. The Home is not willing to handle the Residents
personal money (this does not include money controlled by
the homes Personal Allowance system).
1.5 Upon payment of the agreed Charge the Resident has
access to all facilities of the Home and use of sleeping
accommodation in a Single / Shared furnished room that is
fully compliant with the National Minimum Standards. Your
room is your own and you will be treated as your own private
space and will only be arranged to comply with the latest
regulations. We undertake to provide you with the following
items which are required by the National Minimum Standards:
• A clean comfortable bed suitable for your needs
• Suitable bed linen, which will be changed regularly
• Curtains
• A mirrored cabinet / mirror
• Overhead and bedside lighting that acts as a reading lamp
• Comfortable seating for two people
• Drawers and enclosed hanging space for clothes
• Two accessible double electric sockets
• A wash hand basin and toilet (some rooms do not have
en-suite facilities)
• Carpeted floor cover
• A lockable cabinet for your medication (if applicable),
money and valuables.
• Keys to the room (with agreement of the Registered Manager
of the Home)
The facilities of the Home shall include:
• Unrestricted use of communal rooms (which are available to
all residents)
• Three main meals each day with mid-morning, mid-afternoon
and late night drinks and snacks all being available
• A laundry service, undertaken on the premises and all
necessary personal care, on a 24-hour basis as outlined in
the Care Plan.
• All rooms will be kept clean and will normally be kept
adequately heated by day and night.
We reserve the right to change rooms if the resident’s
condition changes or if for a Health and Safety reason.
1.6 The Resident shall from his/her own resources and/or
Personal Allowance provide:
• The cost of any daily papers and similar items that he/she
may wish to purchase
• Hairdressing charges if he/she use the service of the
hairdresser who comes to the Home
• Costs of special outings and events e.g. holidays or
theatre trips, which may be organised for residents or to
which they are invited
• Any health services that he/she decide to purchase
privately or that are not covered by the normal national
health services to which he/she is entitled such as
chiropody, dentistry, opticians etc
• Travel costs, if for example, he/she decides to use public
or private transport for social reasons, making visits etc.
• The costs of any additional aids and appliances that you
seek to purchase for your own comfort and that are
additional to that to which you are entitled from health and
social services
1.7 If the Resident is temporarily absent from the Home for
a period of six weeks or more e.g. on holiday or in
hospital, as from the end of the sixth week you may seek a
reduction of 10% of the charges, which takes into account
the need for you to retain your accommodation and the lower
costs to the Home of the food and services that are entitled
by your absence.
We undertake to keep your room empty and secure during any
temporary absence. If it appears that you may not be able or
wish to return to the Home for whatever reason after such an
absence we would consider whether the contract should be
terminated and the normal notice period of four weeks would
apply once the decision has been made. We would always seek
to ensure that any such termination was by mutual consent.
2.1 All electrical items brought in to the Home by the
Resident on admission, or acquired during their stay must
have been inspected by a competent person before their use.
2.2 You are welcome to bring to your room any personal items
and furniture. Items of furniture that may be brought in to
the Home are subject to health and safety and fire risk
assessments. Transportation, insurance and eventual removal
of such items shall be the Resident’s responsibility or that
of his executors or other personal representatives.
2.3 After discussion with the resident, the Provider
reserves the right to refuse any item being brought into the
Home.
3.1 When a place becomes available in a shared room, the
Provider reserves the right to introduce another resident to
share the room. Should the remaining resident choose not to
share with a resident who is introduced by the provider, the
provider reserves the right to charge the remaining resident
for single use of the room, at the amount equal to the
charge which would have paid by such other resident, in
addition to the agreed charge in Paragraph 1.
3.2 In such circumstances, the remaining resident will have
the opportunity to retain the room for single use or to move
to a different room, subject to the availability of an
alternative room and the resident’s ability to pay the
necessary charge.
3.3 Where the Resident chooses to continue to occupy the
shared room on a single basis, pending the availability of
an alternative room, the Provider reserves the right to
charge the Resident for single use of the room.
4.1 The resident will not be unreasonably discriminated
against on the grounds of race, ethnic origin, religion,
gender, sexuality, age and disability.
5.1 The Provider may give four weeks’ written notice to ask
the Resident to leave in the following circumstances set out
below: (This list is not exhaustive)
5.1.1 Failure to ensure that all charges are paid;
5.1.2 If, in the opinion of the Provider, they are unable to
provide the degree of care and attention required by the
Resident;
5.1.3 Any circumstances or behaviour which the Provider
feels may be seriously detrimental to the Home or welfare of
other residents;
5.1.4 Breach of, or failure to perform, any condition of
this agreement;
5.1.5 Damage to property, fixtures or fittings in the Home;
6.1 If the Resident has a complaint it should, in the first
instance, be taken up with the Provider. If the Resident is
not satisfied then he/she may complain to the Care Quality
Commission. For full information please see a copy of the
Home’s Complaints Procedure, which is displayed in the Home.
6.2 If the resident is dissatisfied at the response from the
Care Quality Commission, he/she can complain to the
Parliamentary Ombudsman.
7.1 The Home Insurance Policy with Ecclesiastical Insurance
covers loss or damage to the Residents’ property through
fire, flood, theft and malicious damage etc to the value of
£500, but excluding any loss which does not exceed £200.
7.2 If you have any items of significant value that you wish
to keep it is advisable you keep them safe in your own
lockable cabinet or preferably in the Home’s safe, depending
on their value and importance to you. Our staff will attempt
to provide security for your possessions. All clothing
should be marked with your name. The Home will make every
effort to prevent damage to clothing.
It is also recommended that you insure against your personal
effects that exceed that value, as the Provider cannot
accept responsibility for loss or damage to Resident’s
property.
8.1 The Provider will take all reasonable precautions for
the safety of the Resident.
9.1 The obligations of the Resident are:
9.1.1 To ensure that all charges of the Home are paid.
9.1.2 To ensure that he/she does not harass or offend anyone
in a way, which stops them feeling comfortable in the Home
because of their race, ethnic origin, religion, gender,
sexuality, age or disability.
9.1.3 To ensure that he/she does not do anything which is
disruptive of another person’s rights within the Home or
which causes them physical harm.
9.1.4 When playing a radio, television set, record, tape
recording or musical instrument to do so at a volume which
does not cause offence either to neighbours or to other
people living in the Home;
9.1.5 We have a policy on the bringing in or looking after
of pets, which makes it possible for you to have a pet
subject to various provisions that need to be discussed with
the Registered Manager of the Home. These provisions include
animal welfare considerations, the Home’s capacity to
accommodate a pet properly, the effects that a pet might
have on other residents and health and safety
considerations.
9.1.6 Not to remove or change the fixtures and/or fittings
of the Provider without consent;
9.1.7 Not to use any un-prescribed medication without
informing the Provider;
9.1.8 To maintain their personal accommodation in a
reasonable manner;
9.1.9 To be liable for the costs of any damage to the
Provider’s furniture or accommodation caused by the Resident
or his/her visitors.
10.1 Where the Resident does not meet his/her obligations
under this Agreement (including where the Charge is not paid
on time), the Resident will be required to meet any
reasonable costs which are properly incurred by the Provider
as a result. These costs may include, for example,
reasonable administration costs, legal costs or court fees
incurred by the Provider.
11.1 The first four weeks of a long-term agreement shall be
regarded as a trial period for the benefit of the Resident,
existing residents and the Provider. During this period the
agreement with the Resident will be on a fixed term basis,
one week at a time, renewable each week. If the resident
leaves permanently during such a one-week period, the
Provider reserves the right to charge for the balance of the
remaining days as payment in lieu of notice. In such
circumstances, where the accommodation is subsequently
re-allocated during that period, a proper proportion of the
charge shall be refunded.
11.2 If, after the trial period, the Resident intends to
leave permanently for any reason, four weeks’ notice, or
payment in lieu of notice, will be required. In
circumstances where payment is accepted by the Provider in
lieu of notice and the accommodation is subsequently
re-allocated during that period, a proper proportion of the
charge shall be refunded.
11.3 This Agreement shall continue in force until death, or
by written notice given by either party four weeks before
the date of termination, provided always that the Provider
reserves the right to charge, notwithstanding the death of
the Resident, in full for a period of two weeks after the
date of death.
With reference to solely local Authority funded residents
the agreed notice period stated in the contract between St
John’s Nursing Home and the local authority will take
precedence over the notice period stated above for the part
of the charge provided by the local Authority.
12.1 The Resident will be encouraged to personalise his own
room after due consultation with the Provider.
13.1 The Home cannot accept responsibility for a Resident’s
safety away from the Home unless the journey and any
necessary supervision have been arranged by the Home.
14.1 Where the Resident is unable to make a decision,
consent will be sought only from the person to whom a power
of attorney, receivership, appointeeship or other forms of
legal authority have been granted, or from the Client who
has signed this Agreement on behalf of the Resident.
15.1 If the charge referred to in Paragraph 1 is not paid by
the first working day of the month, the provider may charge
interest on the amount which has not been paid until the
date payment is made. This interest will be at the rate
equivalent to the Bank of England’s Base Rate. This is the
amount which the Provider would lose as a result of the
Resident’s late payment.
15.2 Charges, including Third Party Payments and top-ups to
meet additional costs, will be reviewed annually in order to
keep pace with inflation; and/or to cover the costs of
meeting specific statutory or other requirements coming into
force; and/or to meet the costs of a demonstrable change in
the Resident’s care needs.
15.3 Four weeks written notice will be given to the Resident
and other relevant parties of any change in these charges.
15.4 Where the provision of additional care is required, the
Provider reserves the right to negotiate a new charge at any
time. Four weeks written notice will be given to the
Resident and other relevant parties/significant others, with
the reason(s) for the additional care.
15.5 The Provider reserves the right to seek a Third Party
Payment at any time, notwithstanding the fact that such a
facility may not have been agreed at the time the Resident
was admitted to the Home. Four weeks written notice will be
given to the Resident and other relevant parties/
significant others, with the reason(s) for the request.
15.6 In the event of the death of the Resident, any fees
outstanding will be charged to the Resident’s estate.
16.1 The Resident will normally be consulted about any
maintenance or repairs which might affect him/her, including
the redecoration of his/her room.
17.1 On the death of the Resident the Provider undertakes to
use his/her best endeavours to contact the next of kin or
the person previously nominated by the Resident.
18.1 The Resident may only smoke in accordance with the
Home’s Smoking Policy, a copy of which can be provided by
the Home.
19.1 The Resident will be required, before taking up
residence, to provide information to the Provider on the
state of his/her health, any treatment required, the name of
his/her medical advisor, his/her next of kin or person to be
contacted in the event of an emergency.
20.1 The care and support services in the Home will be based
upon the aims and values set out in the Home’s Statement of
Purpose, a copy of which is kept in the home.
21.1 The Provider undertakes to respect the individual
cultural and/or religious beliefs of the resident and to
provide reasonable facilities for the resident to continue
to follow such beliefs.
22.1 Care plans will be drawn up in consultation with the
Resident and, where appropriate, his/her relative(s) or
advocate(s) enabling a clear statement to be made about what
the Resident can expect on a day to day basis and what the
Home should provide to meet his/her needs. Care plans will
be reviewed to take account of change(s) in individual
needs.
23.1 The Provider is prepared to order, take charge of and
dispense all of the Resident’s prescribed medication.
Wherever possible, self-administration will be encouraged.
If there is a doubt about the Resident’s ability to
self-administer, a trial period of limited duration will be
agreed and carefully monitored. The Resident undertakes not
to use un-prescribed medication without the Provider’s
knowledge. The Provider reserves the right in all cases to
consult the Resident’s GP if he/she considers it necessary.
23.2 The Provider undertakes to enlist the support of the
NHS as necessary to enable the Resident to remain in the
Home in the event of illness, unless the Resident’s GP
recommends alternative arrangements.
23.3 The Provider undertakes to enlist relevant support to
provide a range of services and activities to enable the
Resident to achieve his/her potential capacity, physically,
intellectually, emotionally and socially.
24.1 Each party shall be liable for the consequences of any
breach of his/her obligations under this Agreement,
including any injury to, or death of, any person, or loss
of, or direct damage to, any property, except and to the
extent that such consequences are a direct result of the
act, omission, default or negligence of another.
25.1 This agreement sets out the terms under which the
resident will occupy accommodation at the Home, and under
which he/she will be entitled to care services. The Resident
is advised to read it carefully before signing it; and, if
appropriate, to obtain the advice of next of kin, a close
relative, a legal adviser, an advocate or a friend before
signing it.
26.1 With reference to Local Authority funded Residents the
contract made between St John’s Nursing Home and the Local
Authority takes precedence over the above contract should
there be conflicting contractual statements.
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