- Care homes in England may charge families up to 14 days after a resident’s death
- A new contract by Avery Healthcare includes a non-refundable £595 ‘dilapidations’ charge for cleaning, repairs, or wear and tear
- The contract appears to contradict Care Quality Commission (CQC) guidance on post-death care charges
- Families are increasingly facing unexpected charges from for-profit care providers
- The commercialization of end-of-life care raises urgent questions about ethics and regulation
On a quiet street in West Yorkshire, the curtains are drawn at the home where Margaret Henshaw spent her final months. Her niece, Sarah, who holds power of attorney, still visits the care home to settle affairs. But instead of closure, she’s faced with a stack of invoices — including a bill for 14 days of care after Margaret’s death and a £595 charge for ‘dilapidations,’ a term she’d never heard applied to a loved one’s room. The invoice arrived weeks after the funeral, a cold addition to the grief: a reminder that even in death, the cost of care doesn’t end. Sarah isn’t alone. Across England, families are confronting unexpected charges from for-profit care providers, raising urgent questions about ethics, regulation, and the commercialization of end-of-life care.
Hidden Fees After Death Spark Legal and Ethical Debate
A new contract issued by Avery Healthcare, which operates over 100 care homes in the UK, has drawn scrutiny for requiring families to pay up to 14 days of care fees after a resident’s death. The clause, buried in updated terms sent to relatives in late 2023, states that fees continue until the room is vacated or the notice period expires. Additionally, the contract introduces a non-refundable £595 ‘dilapidations’ charge, ostensibly covering cleaning, repairs, or wear and tear. These terms appear to contradict guidance from the Care Quality Commission (CQC), England’s health and social care regulator, which advises that charges should cease at the time of death unless explicitly agreed upon. Consumer rights experts argue the policy may breach the Consumer Rights Act 2015, which prohibits unfair terms in standard contracts. Yet, with no legal cap on care home pricing and weak enforcement mechanisms, families are often left with little recourse but to pay or risk legal action.
How We Got Here: The Privatization of Elder Care
The rise of such practices reflects a broader shift in the UK’s care system. Over the past two decades, public funding for social care has stagnated while demand has surged due to an aging population. This gap has been filled by private providers like Avery Healthcare, many backed by private equity firms seeking stable returns. The sector now generates over £15 billion annually, with profit margins rising even as staffing shortages and quality concerns persist. In this environment, billing policies have become increasingly aggressive. While some homes have long charged for a short vacancy period to cover turnover costs, the formalization of post-death fees marks a new frontier. Historically, such charges were rare and typically waived out of compassion. But as competition for occupancy intensifies and profit pressures grow, what was once an informal grace period has hardened into contractual obligation.
The People Behind the Policies
Avery Healthcare, founded in 2006, is led by CEO James Millikin, a former finance executive with ties to private equity. The company has expanded rapidly, acquiring homes from struggling operators during the pandemic. Its contracts are drafted by corporate lawyers focused on risk mitigation and revenue protection. Meanwhile, families like Sarah’s are navigating grief with little legal or emotional support. Many don’t read updated contracts thoroughly, assuming they reflect minor changes. Others feel powerless to negotiate, fearing backlash or poor care for their relatives. Advocacy groups, including Age UK and Independent Age, have called for transparency, urging providers to disclose all charges upfront. But without statutory regulation of contract terms, the burden falls on vulnerable families to challenge clauses they may not even understand.
Consequences for Families and the Care System
The financial and emotional toll on families is profound. The average cost of care home fees in England exceeds £800 per week, meaning a 14-day charge could total over £1,600 — on top of funeral costs and legal fees. For some, this pushes already-strained budgets into crisis. Beyond individual hardship, the practice risks eroding public trust in the care sector. If families believe providers are profiting from death, they may resist institutional care altogether, increasing pressure on hospitals and unpaid caregivers. Regulators, too, face reputational damage. The CQC has condemned the fees as ‘unfair’ but lacks the authority to ban them. Without legislative intervention, inconsistent standards will persist, creating a patchwork of policies that confuse and exploit.
The Bigger Picture
This issue is not just about billing — it’s about dignity. As the UK’s population ages, the way we care for the elderly reflects societal values. Charging for days after death reduces end-of-life care to a transaction, undermining the humanity at the heart of caregiving. Other countries, like Sweden and Germany, have robust public long-term care systems that minimize such dilemmas. In the UK, repeated government promises to reform social care have led to little change. Until there is a national framework governing care home contracts, transparency, and pricing, families will remain vulnerable to practices that prioritize profit over compassion.
What comes next may depend on public pressure. Media scrutiny and parliamentary questions have already prompted Avery Healthcare to review its contract language. But real change requires legislation — a clear ban on post-death fees and standardized contract terms enforced by a strengthened regulator. Until then, families will continue to grieve not just their loved ones, but the cost of saying goodbye.
Source: The Guardian




