This item was published during the term of a previous administration that ended in April 2007

Listen
Reminder against inappropriate 'top up' fees
10/06/2005
The Exeutive has today written to local authorities and
care home owners to remind them of the rules that exist to
protect care home residents being charged 'top-up' fees
inappropriately.
Deputy Minister for Health, Rhona Brankin took the
action following a survey commissioned by the Executive to
look at the use of top-up fees in care homes showed that,
although it is not happening across the board, in some
areas a significant number of care home residents are
paying top-up fees.
The Minister said that it is unacceptable for residents
to be asked for top-up fees to cover their basic care costs
and that the Executive will work with local authorities and
the care home sector to resolve the issue.
Ms Brankin said:
"Following media reports into the widespread
inappropriate use of top-up fees, I asked my officials to
survey local authorities on their awareness of the issue.
While the survey does not show topping up happening across
the board, it has confirmed that in some areas, significant
numbers of care home residents are paying top-up fees, both
within and outside the existing guidance.
"Where residents are being asked to top up fees for
standard care home services, that is wholly unacceptable.
The decision to move to a care home can be an emotional and
difficult time for older people and their families.
Additional pressure to use top-up fees to pay for standard
care makes this even more difficult.
"I have issued a letter today to local authorities and
care homes to remind them of the existing rules on the use
of top-up fees in care homes.
"Top-up fees should only be used if a resident chooses a
care home place which is more expensive that what they are
assessed as needing.
"And where a top-up has been agreed, the money should
never be taken from protected resources like the 'personal
expenses allowance'. We will be working with local
authorities and representatives of the care home sector to
resolve any issues they might have and to ensure rules are
followed.
"In my letter I will also be drawing their attention to
the recent Office of Fair Trading report into the UK care
homes market. It examined the availability of information
that is provided to residents and carers, the transparency
of fees and clarity about the rules on top-up fees and
asked for views on their recommendations.
"I will be deciding on actions to improve the protection
for residents from pressure to top-up their fees, as part
of the Executive's response to the OFT report. I have
invited local authorities to give me their views on the OFT
report to help inform an official response from the
Executive in due course."
The OFT report, published on May 18, examines the
following issues:
- The context in which older people and their
relatives make choices about a care home and how this
affects competition in the market
- The ease with which prospective residents and their
representatives can obtain sufficient clear and
accurate information on fees and extra charges
- Whether contracts offer sufficient transparency and
protection against unreasonable price increases
- Price transparency for both self- and
publicly-funded residents, including core fees, top-up
fees and payments for additional extras
Although the report looks at care homes from a UK
perspective and some issues will be different in the
Scottish context, it is a helpful addition to our
understanding of how the care homes market treats
individuals.
The Executive provides a free comprehensive advice
booklet entitled
'Thinking About
Moving into a Care Home' which details people's rights
to have their needs assessed, their right to choose their
care home and how their financial contribution is
calculated.
The Executive has also provided £145,000 for 2005/06 for
the continuation of the Scottish Helpline for Older People
which provides support on community care.