Who We Are
This policy establishes an effective, accountable and transparent framework for ensuring compliance with the requirements of the GDPR (General Data Protection Regulation) at our Eastbourne Residential Care Home are met. Located at 2 Grange Gardens, Blackwater Road, Eastbourne, East Sussex, BN20 7DE, our contact number is 01323 733466
The Home undertakes to operate in accordance with the Health & Social Care Act 2008 and regulations under that Act 2014. This agreement shall be governed, interpreted and enforced according to the Laws of England and Wales.
We have to maintain an extensive establishment at a financial cost therefore we need to agree with you the terms of your residency at the Home.
About this document
This document sets out the terms of your agreement with you and your residence in the Home. This document is legally binding upon you and each Third Party. You should read this document carefully before signing it. You and each Third Party may wish to seek independent legal advice before signing this document. We are happy to answer any questions you or your legal advisers have before you sign this document.
It is important for both us and you to have agreed the terms of your stay at the Home. This document is for the benefit of you, protects you from any misunderstandings and is for our mutual benefit. Therefore, we request that you sign this document before beginning residence at the home.
Information for representatives of residents
If you are the representative of a resident and sign the Resident’s admission agreement on the Resident’s behalf, the terms and conditions in this document will apply to you in the same way as they apply to the Resident. You will be personally bound by these terms and conditions unless you have signed the admission agreement in the capacity of:
the Resident’s validly appointed attorney under either an enduring or lasting power of attorney and that power of attorney remains valid; or the Resident’s validly appointed receiver.
If you are the Resident’s validly appointed attorney or receiver at the time of signing the admission agreement it is your responsibility to ensure that your appointment remains valid (for example by registering an unregistered enduring power of attorney at the time it becomes registrable). If your appointment as the Resident’s attorney or receiver ceases to be valid, you will immediately become personally responsible for the resident’s obligations under these terms and conditions.
Care Plan
We will carry out a pre-admission assessment with you before you come to the Home to ensure we can meet your needs and on admission a basic care plan will be formulated following discussions with you and or your representatives.
A full comprehensive care plan will be in place 48hrs after admission and a review carried out 6 weeks later. In the event of an emergency admission to the Home, we will prepare a care plan for you within 48 hrs.
Our charges
Our charges can be paid in three ways:
1) wholly paid by you (private funding);
2) wholly or partly paid by a local authority (local authority funding);
3) partly paid by a local authority and partly paid by your Third Party (top up funding).
The way in which our charges are paid and the amount that you and each Third Party will be responsible for, depends on your personal financial circumstances.
The room fee quoted above will remain payable for the duration of occupancy (in addition to uplifts implemented throughout as advised). Where funding is provided by social services at any point a third party top up will be paid by the undersigned to maintain the room rate payable. Relevant social services fees can be obtained by visiting the appropriate website or by contacting them directly.
If you pay our charges yourself
We have assessed the charge that applies to you based on your assessed care needs and type of accommodation. The charge payable, including a breakdown of it, is set out in the attached schedule.
We review our charges on an annual basis and may increase our charges in line with the retail price index and any increased costs we incur in running the Home and providing care to you. We will consult with you prior to implementing any increase in our charges and will give you at least four weeks’ notice of any increased charges. Any annual adjustment of charges for inflation shall be effected on April 1st in each year.
If your care needs change, we will assess your revised needs with you and may increase our charges to reflect your increased care needs. Again, we will consult with you prior to implementing any increase in our charges. Any increase will take effect from the date of which you are provided the increased level of care.
Local authority funding
If you are eligible for local authority funding (or become eligible for local authority funding after you have become a resident of the Home), the local authority will pay some or all of our charges. How much the local authority pays is dependent on your personal financial circumstances.
Where the local authority provides you with sufficient funding to cover all of our charges, we will recover our charges from the local authority. It is important to note that, even where a local authority provides funding, it may require a contribution from you, known as the “client contribution”. Some local authorities will pay us both the local authority contribution and the client contribution. In this case, the local authority will ask you for reimbursement of the client contribution and you are responsible for paying this to the local authority. Some local authorities only provide us with the local authority contribution and do not pay us the client contribution. In this case, you are responsible for paying the client contribution (as assessed by the local authority) to us. If you have any queries regarding the level of the client contribution, you should raise these directly with the local authority.
If you are responsible for paying the client contribution to us and you do not pay it, you will be unable to remain in the Home. We may ask you to leave the Home in accordance with clause 22.4. We will also report your non-payment to the local authority.
Top-up funding
Where the local authority’s funding does not cover all of our charges, one of the following will occur:
Each Third Party must pay to us the shortfall between the local authority contribution (including the client contribution) and our charges (referred to in this document as Top Up Fees); or you will be unable to remain in the Home. We may ask you to leave the Home in accordance with clause 22.4.
Each Third Party who signs this document agrees to be personally liable for the full amount of the Top Up Fees. If there is more than one Third Party, each Third Party is responsible to pay the full amount of the Top Up Fees and we may ask one Third Party to pay the full amount of the Top Up Fees without asking any other Third Party for a contribution.
Top Up Fees are payable in accordance with the terms set out in the Schedule.
As this document is legally binding on each Third Party who signs it, Third Parties should read this document carefully before signing it. Third Parties may wish to seek independent legal advice before signing this document. We are happy to answer any questions a Third Party or his legal advisers have before signing this document.
Payment arrangements
Our charges are payable in accordance with the attached schedule.
If you are late in paying any of the charges, we reserve the right to charge interest on unpaid charges at a rate of 10% above the base rate of the Bank of England from time to time. This will be applied on an individual basis, but will not be within 30 days of the end of the invoicing period.
We will issue invoices, for your records, every 28 days in advance, to be paid on receipt.
Included services
The following services are included in our standard charges and we will not charge you any additional fees for these:
full board and accommodation, a room in the Home for your exclusive or shared use. The room will contain basic items of furniture including (as a minimum) a single sized bed, wardrobe, chair and chest of drawers. Your room will also include a wash hand basin and mirror. You are welcome to bring other personal items of furniture into your room, provided they do not cause any health and safety or fire safety concerns and can be risk assessed. You are responsible for the cost of bringing and removing items from your room and must notify us of all items of furniture which are in your room and belong to you;
full use of the communal facilities at the Home, including communal lounges, dining rooms, bathrooms and gardens;
a choice of meals, snacks and drinks. We will provide 3 meals (breakfast, lunch and dinner). We can cater for your dietary requirements, provided you have informed us as soon as you can;
assistance with meeting your basic care needs, as reasonably required;
complete laundry service (excluding dry cleaning), provided your clothing is made of a washable material;
liaising with your healthcare team, including your GP, community or district nurse, social worker, dentist or any other professional. Where there is a charge by any professional, you are responsible for paying the charge;
providing you with reasonable opportunity to take part in the Home’s recreational activities from time to time. You may be asked to make a financial contribution to some of these activities).
Extra services
We may arrange additional services to be made available to you, however you will be responsible for the cost of these. You must pay those costs directly at the time of using the services. These additional services may include:
newspapers and magazines;
personal clothing;
hairdressing or other beauty treatments;
private telephone lines;
chiropody services;
cosmetics and toiletries;
chiropractic or physiotherapy services;
any transportation costs directly or indirectly incurred when organising transportation for you, including the cost to us of engaging additional members of staff or agency workers.
We will give you reasonable assistance in purchasing the additional services and items, subject to their availability at the Home.
Personal possessions
As with personal furniture, you are welcome to bring personal possessions to your room, provided they do not cause any health and safety or fire safety concerns and can be risk assessed on admission.
In particular, please discuss with us any electrical items your wish to bring to your room. You must allow us access to electrical items for periodic safety inspections and testing. All electrical items must be checked for electrical safety prior to being brought into the Home.
We will endeavour to provide a safe environment for your personal possessions. However, we are not responsible for any loss or damage to your personal possessions unless that loss or damage is caused by us.
We may ask you to leave the Home if:
you cannot pay our charges and do not qualify for local authority funding;
you are privately funded and you do not pay our charges when they are due;
you are responsible for paying the client contribution to us and do not pay it;
you cannot afford our charges in full, the local authority or CCG contribution does not cover our charges in full and no third party is willing to pay Top Up Fees;
any Third Party fails to pay Top Up Fees when they are due;
having consulted with you, your representatives and your primary healthcare team, we do not believe that the Home is able to meet your care needs;
having consulted with you, your representatives and other Service Users in the Home, your behaviour is such that we reasonably believe that your presence at the Home is seriously detrimental to the welfare of other residents of the Home.
If we ask to you leave the Home:
we will give you at least 4 weeks’ written notice to do so, however such notice period may be reduced in the event that the Home is unable to meet your care needs;
you must vacate the Home and take your personal possessions with you before the end of the four week notice period;
you are responsible for paying our charges until the date you vacate the Home; and
you must pay all sums owing to us within one week of leaving the Home.
Complaints
A copy of our complaints procedure will be given to you on admission to the Home and will be displayed within the Home.
Consent form for relatives/ residents (GDPR compliant)
The General Data Protection Regulation (GDPR) has changed the way that we manage the processing of your data. GDPR permits the Company to use your data for certain reasons only. The most common reasons we use your data are set out below.
We need your data so that we can carry out the placement contract that we have with you. For example, we need your name, address and telephone number for invoicing purposes.
We need your data so that we can comply with our legal obligations. For example, we need documentation from you if you are an appointee or power of attorney or for monitoring complaints.
We need your data to carry out the Company’s legitimate interests. For example, we may need your consent about a specific decision such as a flu vaccination if your relative does not have the capacity to consent themselves, or in relation to a DNAR decision.
Your personal information will be held for a total of eight years.
There are other reasons we would like to use your data for which do not fall into one of those listed above. To allow us to do this, we need your consent. This means that you must let us know that you are happy for us to use your data in the way we would like. We ask that you use this form to indicate your consent to our using your data for the reasons listed in the table below.
Providing consent
The Company is committed to complying with the GDPR with regard to processing your data. If you are to give consent, it must be:
freely given
specific
informed
unambiguous.
You are entirely in control of your decision to give consent to our use of your data as requested in this form. You do not need to give consent. There will be no repercussions if you choose to withhold consent and your data will not be used in the ways set out in this form.
If you give your consent, your data will be processed in line with this Data Protection policy.
Withdrawing your consent
You have the absolute unrestricted right to withdraw your consent at any time. If you wish to withdraw your consent once it is given, you should contact the Data Controller. You will then be provided with this form where you can indicate, using the third and fourth columns above, that you now wish to withdraw your consent. There will be no repercussions because of your withdrawal and we will stop processing the data for which you have withdrawn your consent.
Change in purposes
If the purpose of using the data for which we have received your consent changes, we will seek new consent, setting out the new purpose
If you are the representative of a resident and sign the Resident’s admission agreement on the Resident’s behalf, the terms and conditions of this Part will apply to you in the same way as they apply to the Resident. By signing this agreement you:
Are giving your consent to the Company to use your data as indicated above
understand that you are not required to give consent to the Company’s use of your data in the ways set out in this form. Where you have done so, you have done so of your own free will
understand the ways in which the Company wishes to use your data as set out above
understand there will be no repercussions if you refuse to give consent in this form
know that you can withdraw your consent at any time.
If you have any further questions on our terms then please get in touch by calling us on 01323 733466 or via email to [email protected].