CMA only ‘looking at half the picture’ in consumer law guidance, says Care England

Draft advice issued by the CMA on helping care homes meet their consumer law obligations has been described as is limited in its scope by Care England.

The Care England comments follow the CMA’s consultation on its draft consumer law advice, which it published at the end of May (see CMA seeks views on care home consumer law draft).

Professor Martin Green OBE, Chief Executive of Care England, said: “Unfortunately the CMA has limited the scope of its draft guidance and it fails to cover contractual arrangements between local authorities, clinical commissioning groups and care home providers.

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“Without this element it is only looking at half the picture as commissioners contracts hugely influence through contract terms and funding the care available for residents.”

Care England said the draft guidance failed to take into account the fact that public commissioners pay 44% below the true cost of care in England, which was identified in the CMA’s year-long market study of the sector.

The representative body said the underfunding of social care for people living in care homes and supported by the state must be addressed urgently.

Martin added: “We welcome transparency and good information for residents and families and want to work with the Care Provider Alliance and CMA to support the sector going forward and hope the issues raised in our response are taken on board by the CMA in its final guidance.”