Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what assessment he has made of the adequacy of the powers of the Local Government and Social Care Ombudsman on decision making around evictions from care homes.

Local authorities should have appropriate plans in place to minimise any disruption of services if a provider exits the market. They are in the best position to find a local solution, with the minimum possible disruption, that meets people’s needs and choices. Their priority will be residents and their families during what can be a difficult time.

Guidance on complying with the Consumer Protection Act issued by the Competition and Markets Authority clearly states that the resident, their representatives, and any other relevant independent professional should be consulted, and that eviction should only occur after efforts have been made to meet the resident’s care needs. The reasons for the consultation should be fully discussed, together with possible solutions, before any final decision is made on the resident’s continued stay in the care home.

Clauses about evictions should be clearly set out in the contracts that residents sign on entering the care homes. The legal minimum notice period is 28 days. This is set out in the Protection from Eviction Act 1977.

The Local Government and Social Care Ombudsman is the independent complaints lead and works closely with the Care Quality Commission (CQC), sharing information with the CQC to identify poor practice.