A new contract issued by Avery Healthcare has sparked controversy by including fees for 14 days after a resident's death and a £595 upfront charge for dilapidations. These clauses appear to contradict guidance from the Competition and Markets Authority (CMA), raising concerns about their enforceability.
Background of the Complaint
A reader, holding power of attorney for their aunt in an Avery care home, received the new contract and noted the disputed charges. The CMA had previously stated in 2018 that charging families for more than three days after a death was potentially unlawful, and that charging for normal wear and tear was also unfair. Despite this, Avery included these terms.
The reader highlighted that the Local Government and Social Care Ombudsman dropped an investigation into a similar complaint after Avery offered a refund as a goodwill gesture. When the reader complained, a similar offer was made, but the clauses remain in the contract, potentially affecting many bereaved families.
Avery's Justification and Response
Avery, majority-owned by the Reuben brothers, defends the 14-day charge as giving relatives time to prepare after a bereavement. However, the contract's terms reveal that the fee is only waived if the room is relet within that period, indicating a financial motive. The £595 dilapidations fee is charged upfront before the condition of the room is known.
When questioned, Avery claimed the old contract predated its acquisition and that the policy is longstanding. The CMA declined to comment on enforcement actions, while the Ombudsman acknowledged receiving complaints but does not track their number.
Advice for Consumers
Consumers with relatives in care homes are advised to review contracts and challenge any unfair fees. The reader intends to file a complaint with the Ombudsman. Avery's practices highlight the need for regulatory oversight to protect vulnerable residents and their families from potentially exploitative charges.
