Families still pay thousands in care home fees after the death of their relative. | Social Welfare

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Bereaved families are being charged thousands of pounds in care home fees after the death of a relative in residential care, although the competition monitor says such arrangements are likely to be illegal.

Some providers bill relatives for up to a month’s worth of care after the death of a resident, four years after the Competition and Markets Authority declared such fees illegal.

Michael Moore has been claimed for a £2,100 ‘adjustment fee’ after the death of his aunt June Blackman in a Norfolk care home last April. He was expecting a discount from Lydia Eva Court at Gorleston-on-Sea, near Great Yarmouth, because he had prepaid her care fees for the month in which she died.

“When I inquired about it, I was told that the terms and conditions allow the home to charge for 14 days after the death of a resident,” he said. “This ‘modification’ fee was in addition to the £5,100 fee I had already paid for what turned out to be the last month of her life.”

In 2018, an investigation into unfair charges by the Capital Markets Authority concluded that care homes imposed for extended periods after the death of a resident were in violation of consumer protection laws. The regulator stated that families should not be charged more than three days pro rata after a death.

A charge of up to 10 days may be charged if there is a delay in removing the deceased’s belongings from their room. Carers have been required to amend their terms and conditions with immediate effect or face enforcement action under the Consumer Rights Act 2015 and Consumer Protection from Unfair Trading Regulations 2008.

However, some caregivers continue to overcharge. NorseCare, which runs Lydia Eva Court along with 20 other care homes across East Anglia, has kept a clause buried in its terms and conditions that allows it to charge full care fees for two weeks following the death of a resident.

A spokesperson for the company said: “Unlike many UK care providers, NorseCare does not take a maintenance deposit up front. Instead, NorseCare takes a final fee after the death of a resident, enabling us to carry out maintenance and refurbishment to bring the room back into service.”

However, unlike deposits made, NorseCare fees are not refundable. According to the guidelines of the Capital Market Authority, deductions for maintenance and renewal must be clearly defined in the terms and conditions and the invoice and supported by evidence.

Normal wear and tear cannot be charged. Neither the NorseCare terms and conditions seen by the Guardian nor the invoice sent to Moore say what the 14-day fee covers.

NorseCare, which supports 1,500 residents, is part of the Norse Group, which is owned by Norfolk County Council. The company declined to comment on how it justifies the mandatory and inexpensive maintenance fee, and declined to cancel Moore’s bill.

“In light of Mr Moore’s concerns, NorseCare will consider reviewing how we communicate our contracts and how we can improve the customer experience for all residents in the future,” a spokesperson said.

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Norfolk County Council said it did not define or control NorseCare’s “detailed trading arrangements,” but asked Norse’s board of directors to review its current fee-charging policy.

It is likely that many families have paid an additional postmortem fee without realizing that it can be appealed.

Last year, the local government and social care ombudsman ordered a care home in Surrey to return money to a complainant who had been charged a four-week care fee after the death of a relative.

Because fees tend to be buried in the contractual small print, which isn’t usually posted on care home websites, it’s impossible to gauge how many others are still charging fees that the CMA would likely deem illegal.

The Care Quality Commission, which regulates the care sector, said it did not collect data on unfair charges and was unable to comment. The Capital Markets Authority also declined to comment.

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