What a care home contract actually is
A care home contract - most care homes in Scotland call it a residency agreement - is the written agreement between the resident and the care provider. It sets out the care and support being provided, the room, the weekly fee, and what happens if anything changes. It is a consumer contract, which means the terms have to be fair and written in language a family can actually read.
A residency agreement is generally not a tenancy. A resident usually has the right to occupy their room as part of a care package rather than as a standalone property right, and that distinction shapes the notice periods and the grounds on which a placement can come to an end. The wording in your own agreement is what governs it, so read that section carefully.
Your consumer rights apply whoever is paying: self-funded, council-funded, or a mix of the two. The Competition and Markets Authority publishes consumer law advice for care homes covering upfront information about fees, fairness of terms, and clear complaints routes. A good agreement reads as though it was written to be understood, not to be survived.
What a good agreement covers
Whichever home you are looking at, the agreement should answer the same set of questions. Use the table below as a checklist when you read yours.
| Clause | What good wording looks like | What to ask |
|---|---|---|
| Parties and signing | Full legal name of the provider and the resident, with the signatory's capacity recorded | Does this record that I am signing as attorney, not personally? |
| Weekly fee | An exact figure for that specific room, with the date it takes effect | Is this the all-in rate for this room? |
| What the fee covers | An itemised list: accommodation, all meals and snacks, personal care, laundry, activities | Can I have this in writing? |
| Additional services | Named services with current prices, or a clear route to the price list | What does the home charge for on top? |
| Fee reviews | An annual review with a defined notice period in writing | When is the review, and how much notice will I get? |
| Trial period | A settling-in period with clear exit terms | Is there a trial period, and how does it work? |
| Notice and ending the placement | Notice period both ways, and the grounds on which the home can give notice | What would have to happen for you to give notice? |
| Fees at the end of a placement | A short, clearly stated period, with any advance payment refunded | How long do fees run for, and how is a refund handled? |
| Deposit or reservation fee | The amount, what it holds, and the refund conditions | Is it refundable if we do not proceed? |
| Care plan and reviews | A personalised plan, reviewed at agreed intervals with the family involved | How often is the plan reviewed and who is in the room? |
| Hospital stays | Whether the room is held and what is charged while it is | What happens to the fee if Mum is admitted to hospital? |
| Complaints | A named first point of contact, timescales, and the escalation route | Who do I go to first, and what happens next? |
| Belongings and insurance | Who insures personal possessions | Should we arrange contents cover? |
| Room moves | The limited circumstances in which a move could be proposed, and consultation first | Would we be consulted before any room change? |
Not every home uses these headings, but every one of these questions should have an answer somewhere in the document.
What the weekly fee includes, and what sits outside it
Across the sector the weekly fee usually covers the room, all meals and snacks, personal care and support, laundry, housekeeping and the activities programme. A small number of personal services sit outside it. There is no single national price list for those, so ask the individual home what it currently charges rather than relying on figures you have read elsewhere.
| Item | Normally in the weekly fee | Usually charged separately |
|---|---|---|
| Room and utilities | Yes | |
| All meals, snacks and drinks | Yes | |
| Personal care and support | Yes | |
| Laundry and housekeeping | Yes | |
| Activities and in-house entertainment | Yes | |
| Hairdressing | Priced per appointment by the home's visiting hairdresser | |
| Chiropody and podiatry | Priced per visit | |
| Newspapers, toiletries and personal shopping | At cost | |
| Private transport to appointments | Where the home arranges it | |
| Private therapies arranged at your request | Priced by the therapist |
This is a general picture of the sector. What each home includes varies, so check the list in your own agreement.
The personal expenses allowance exists precisely so that a council-funded resident keeps money of their own for exactly these things. If money is tight, say so - homes can usually suggest which extras genuinely matter and which are optional.
Who signs, and how to sign safely
This is the part families most often get wrong. Getting it right takes five minutes at the table.
- 01
The resident signs, if they can
Capacity is decision-specific. Someone who needs help with washing and dressing may be entirely capable of understanding and agreeing a residency agreement. The default is that the person moving in signs their own contract.
- 02
An attorney signs under a registered Continuing Power of Attorney
If the person no longer has capacity for this decision, an attorney with a continuing (financial) Power of Attorney registered with the Office of the Public Guardian (Scotland) signs on their behalf. Bring the registered document, or a certified copy, to the meeting.
- 03
A guardian or intervener signs where there is no Power of Attorney
Where no Power of Attorney was put in place, a financial guardian or intervener appointed by the sheriff court under the Adults with Incapacity (Scotland) Act 2000 fills the same role. Bring the court order.
- 04
Record the capacity on the contract itself
Write it on the signature line: signing as attorney for, or as guardian to, the named resident. A family member who signs their own name with nothing beside it can be treated as agreeing to the fees personally.
- 05
Treat a guarantee as a separate decision
If you are also asked to guarantee the fees, that is a different commitment from signing as attorney. The home manager will explain exactly what it covers and how it is limited before you sign.
- 06
Keep a full copy
The signed agreement, the price list for extras, the complaints policy.
- Registered Power of Attorney or guardianship order brought to the meeting
- Signing capacity written on the contract, not just understood
- Any guarantee explained, limited and separately considered
- A copy of everything signed, kept together in one folder
How funding changes the paperwork
Who is paying changes what you sign, so it is worth being clear on this before the contract appears.
- Self-funding. The agreement is directly between the resident, or their attorney, and the home. Everything in this guide applies in full. Our costs guide sets out what families typically pay in Scotland.
- Council-funded. The council contracts with the home and pays its standard rate, and the resident contributes an assessed amount from income. You will usually still sign a residency agreement covering day-to-day matters alongside the council's arrangement.
- Council-funded with a third-party top-up. Where a family chooses a home that charges above the council rate, the difference is set out in a separate written top-up agreement. Read our top-up fees guide before signing one.
- Free Personal and Nursing Care. These contributions are paid regardless of means and reduce what is payable. See Free Personal and Nursing Care.
Council-funded placements in Scotland sit under the National Care Home Contract, negotiated between COSLA and Scottish Care through Scotland Excel. It sets the standard rates councils pay - around £930 a week for residential care and £1,074 for nursing care under the Interim 2026/27 contract - along with a common set of terms every participating home works to. If a social worker is involved in the placement, ask them to explain how the national contract applies to it.
Ten questions before you sign anything
Take the agreement away and read it somewhere quiet. Any home worth moving into will expect you to. These are the questions that draw out everything that matters.
- 01What exactly does the weekly fee include for this room?
- 02What is charged on top, and what are the current prices?
- 03Is there a deposit or reservation fee?
- 04Is there a settling-in period, and what happens if it does not work out?
- 05What notice applies on each side, and on what grounds could the home give notice?
- 06When are fees reviewed, and how much notice will I get of a change?
- 07What happens to the fee if my relative is admitted to hospital and the room is held?
- 08How long do fees run, and how is any advance payment refunded?
- 09Who is my first point of contact for a concern, and what happens if I am not satisfied?
- 10How often is the care plan reviewed, and how are we involved?
How Meallmore handles this
We run 30 care homes across Scotland, providing residential, nursing, dementia, palliative and respite care. Contracts should not be the stressful part of a move, and in our homes the paperwork follows the conversation rather than leading it.
- 01
The first conversation
You tell us about the person, not the paperwork. We are honest early about whether we are the right home and what a place would realistically cost, including where funding might come from.
- 02
The visit
Come and look round, ideally more than once and at different times of day. Ask the home manager anything from this guide. They will talk you through what the fee covers and what sits outside it.
- 03
The pre-admission assessment
Our home managers lead this themselves wherever they can, in hospital or at home. It confirms we can meet the person's needs properly, and it shapes the care plan from day one.
- 04
The agreement
You get the residency agreement for the specific room, with the fee, what it includes and the notice terms set out. Take it away. Ask questions. We would far rather answer them now than have you unsure later.
- 05
Moving in and settling
A personalised care plan from the first week, reviewed with you as things change. Our moving in guide covers what those first days look like.
If something is not right
Most concerns are resolved by raising them with the home manager the same week. Do that first, and put it in writing so there is a shared record of what was raised and what was agreed. If that does not settle it, there is a clear route onwards.
- 01Raise it with the home manager, in writing, saying what you would like to happen.
- 02Use the home's formal complaints procedure. The agreement should name the person who handles it and the timescale for a response.
- 03If the council funds or part-funds the placement, speak to the social worker or the commissioning team.
- 04Contact the Care Inspectorate, Scotland's regulator. It does not settle individual contract disputes but it does act on concerns about a service.
- 05Where a council is involved and the complaint is unresolved, the Scottish Public Services Ombudsman can look at how the council handled it.
- 06For independent advice, Age Scotland, Independent Age and your local Citizens Advice bureau can help, and a solicitor experienced in community care law can advise on complex disputes.
A home should only end a placement for the reasons set out in the agreement - most commonly that it can no longer safely meet the person's needs, even after reasonable adjustments. Where that happens it should be a consultation, involving the family and the professionals around the person, with proper written notice and help to find somewhere suitable. If you receive notice and the reasons are not clear, ask for them in writing.