Your rights under a Social Services Contract

Residential / Nursing care

Your rights under a Social Services Contract

Contracts and care plans

If you are going to live in a residential or nursing home with financial support from Social Services, then you have a number of rights guaranteed by your Individual Service Contract, Form SS619.

This contract is signed by you or your representative when you have chosen a home that meets your needs.

Your contract is a three-way agreement

If you would like to see your contract in full, this can be arranged by your care manager or the home owner. They will also explain the contract to you if you want. Your individual contract is based upon your 'care plan' which is an agreement between you and Social Services which sets out your particular care needs. It will have been written with your help and with help from others, such as your doctor. You, or your advocate, will receive a copy of your care plan. The home owner agrees to carry out the care plan and to provide the care you need to the required standards.

Your contract in detail

Your contract contains information about:

your stay
how much the home costs each week
who you have to pay (the home or Social Services).

You should not have to sign any other contract issued by the home. The home may, however, ask you to sign an agreement (often part of its brochure) that sets out the rules of the home and the services provided.

Your trial period

If you are considering long-stay care, the first four weeks of your stay will be a trial period, even if you are sure that the home is the right place for you.
The trial period gives you time to get used to the home and see if it meets your needs. If you need to extend the trial period for any reason, ask your care manager to raise this with the home owner
If you are not happy with the care home you can leave during the trial period providing you give one week's notice. After the trial period you can still leave, but you must give four week's notice.

Review meetings

At least once a year, or more often if necessary, a care manager will meet with you and the home's staff to see if you are happy there, and are getting the help you need. You can ask your care manager for a review at any time.

Changing homes

If you want to change homes, you can do so after four week's notice. Your care manager will help you to find another home. Sometimes the home may be unable to continue to provide the care you need, but the home owner cannot demand that you leave unless your care manager agrees.

Cancelling your stay

If a stay has been arranged for you and for whatever reason you change your mind, then we must have at least two days notice of this, or else you will have to pay for the two days.

Going away

If you go on holiday, or stay with friends, your room in the home will be kept for you for up to three weeks. If you are going to be away for longer than this, your room can still be kept for you, but you must let your care manager know.
If you go into hospital, your room will be kept for you for up to six weeks. Do not worry if you have to stay in hospital for longer, your care manager will make any necessary arrangements to ensure you are cared for when you leave hospital.
If we have to give your room away while you are not there, we will do our best to find you a room in the same home when you return, if that is what you want. You may have to pay towards the cost of your room while you are away (the amount will usually be less than the full charge). Ask your care manager for details.

What happens if you die while in a care home?

If you have any religious or cultural requirements that you have not already asked your care manager to raise with the home, then you must ensure the home is aware of them so your wishes are carried out. If there is someone who should be contacted to make the arrangements, please make sure the home knows.
Do not worry if there is nobody to do this, the home and your local District Council will make all the arrangements, including paying for your funeral and offering support to your family.