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WINTER 2017

THE CARER

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Buying Or Selling A Care Home? Care Home Raises Money for The Homeless as Manager Sleeps Rough for the Night Make Sure You Consider The Legal Necessities a Care home manager has spent a night sleeping rough in Preston town centre as part of a move to raise awareness and money for the homeless as we enter the coldest season of the year. Kim Horton, General Manager at Barchester’s Sherwood Court Care Home joined a group of 5 local people in December sleeping on the streets of Preston to fundraise. She took Barchy Bear along with her too, the mascot for Barchester’s Charitable Foundation. The idea for the ‘sponsored allnighter’ came from Kim’s friend, Stephanie Jones, also from Preston, who wanted to do more to help the homeless and to break the stigma surrounding the issue. So far the group of local men and women who took part have raised

C & S Seating We at C & s are proud to be the national supplier of 24 hour postural management and control products for over 25 years. Initially developed by the Company founders and a consultant specialist physiotherapist, using on-going feedback from health care professionals we now have a wide selection of positioning equipment available to purchase directly from our website. We manufacture and supply 9 different sizes of T-Rolls and Log Rolls (rang-

over £600, which will be spent on essential items, such as sleeping bags, jumpers and socks to give away. Any remaining money or items will be donated to the Foxton Centre in Preston to be distributed by the charity. Residents of Sherwood Court Care Home and their relatives have shown huge support for the cause, donating generously and giving food, helping Kim to raise £130 and a large hamper of food. Kim Horton said: “This experience was very humbling and made me appreciate how lucky I am to be able to come home to a warm bed. We are all so pleased with the support and sponsorship we received and the money raised will be used to support those in need at this very difficult and cold time of year.” ing from paediatric to adult) along with small and large Alternative Positioning Supports and Leg/Knee Supports. Our new popular Soft Knit range of covers in a variety of colours provide a softer alternative that can be placed easily over our standard waterproof rolls which are both removable and washable. Ask our team about our inflatable T-Rolls that are designed for short term use and ideal for holidays and aqua therapy aid. All fabrics meet the UK Flammability standards and carry a CE mark. Members of the BHTA, ISO 9001 registered and are happy to provide individual care provider quotations. Contact us on 01424 853331 or www.cands-seating.co.uk to place your order or to request a brochure.

Agrippa Fire Door Closers Easing The Way At Care Home agriPPa fire door closers have played a key role in ensuring fire compliance at ard Cuan residential Home in Northern ireland, eliminating the need to hard wire in a system to the building. The care home, based in Portaferry, required the door closers to be installed to ease access whilst protecting elderly residents in the event of a fire. Billy McClintock, joint owner of Ard Cuan Residential Home had a total of twelve Agrippa fire door closers installed into the care home, where 17 residents are currently living. He said: “Having just installed a new fire alarm system we were informed by our fire engineer that we had to install door closers on every bedroom door. It looked as though we would have to install magnetic closers which would have necessitated additional wiring for each closer. It was then I came across the Agrippa closer which operates by battery, acoustically and also allows the door to be held open fully or at any point between fully open and closed. They were easy to install and we were able to program them ourselves. “I would have no hesitation in rec-

ommending the Agrippa fire door closer. I would also say we found the staff at Geofire very helpful and understanding.” The Agrippa fire door closer has been particularly successful within the care home industry due to its quick installation. The device can be installed with minimal disruption to the building and its residents. Fire door activation devices have been recently recommended by the Care Quality Commission, and are installed to internal fire doors so that in the event of a fire, the spread of smoke and fire is contained rather than spreading throughout the building. The door closer is part of a range of Agrippa products that ‘listen and learn’ the sound of a building’s specific fire alarm significantly reducing false activations. The range also includes an acoustic door holder and pillow alarm. The Agrippa range is one of many electromagnetic fire door products designed and manufactured in the UK by British manufacturer Geofire. Further information: +44 (0)1388 770 360, enquiries@geofire.co.uk, www.geofire.co.uk

by Faisal Dhalla, Partner, Hempsons

BuYiNg or selling a care home requires input from specialist legal advisors to ensure that you do not fall foul of the various regulatory hurdles you will need to overcome. it is essential to ensure that you appoint lawyers who understand the health and social care regulations which apply to the sale and purchase process. if you are about to embark on a care home sale or purchase, you should carefully consider the following: structure Care homes are often operated by their owners through limited companies. Therefore, you need to consider at the outset whether the transaction should be undertaken by way of a sale of the shares in the company or by way of a sale of the business and assets of the company. Much will depend on tax. As a buyer, you would pay 0.5% stamp duty on a purchase of shares, whereas a business and asset purchase is likely to result in a greater stamp duty liability. A seller will be keen to consider the implications of things such as entrepreneurs’ relief and capital gains tax.

CqC The buyer will need to be registered with the Care Quality Commission before they can take over the care home. This process can take several weeks and will need to be factored into the timing of the transaction. However, if the purchase will be undertaken by way of a share purchase of the seller’s company which operates the care home, the company should already be registered with the CQC. As a

result, the process is easier as the buyer will not require a separate registration. The buyer will simply be stepping into the shoes of the company's existing registration.

Local authority funding Are any of the residents of the care home funded by the local authority? If so, as a buyer, are you familiar with the local authority’s contract with the care home? If you are buying the shares in the company which operates the care home, is there a 'change of control' clause in the local authority contract which needs to be addressed?

employees As a buyer, are you familiar with the terms and conditions of employment of the employees at the care home? Do they fit in with the terms and conditions you wish to adopt? If you are buying the business and assets of the care home, TUPE will apply. TUPE is the Transfer of Undertakings (Protection of Employment) Regulations 2006. The purpose of TUPE is to safeguard the employment relationship and contracts of employment of employees, if the business which they are in changes from one owner to another. Both buyer and seller have several obligations to comply with under TUPE. Do you understand what those obligations are and what the consequences would be if you fail to comply?

due diligence As a buyer, have you undertaken sufficient 'due diligence' on the care home? Have you looked at critical things such as whether the care home has a satisfactory CQC report or whether the care home has been the subject of any litigation or major investigations? Are you satisfied that the care home has been complying with regulatory requirements? As a seller, you need to make sure your ‘house is in order' i.e. that you have to hand all the necessary paperwork which the buyer is likely to ask for.

Brass Band Honour Stowmarket Care Home Resident PLaYers froM the east anglian Brass Band association surprised Cedrus House care home resident, dianne Hastings, with a certificate to honour over 40 years’ contribution to music. The Stowmarket care home resident, Dianne Hastings, aged 79, was awarded the certificate in recognition of her contribution to the East Anglian Brass Band Association and the brass band movement through 42 years as the association’s secretary. The musicians hosted a special performance at Care UK’s Cedrus House, on Creeting Road East, to thank Dianne for her length of service. Dianne’s daughter, Christine, played the tenor horn during the performance, and has taken over the position of secretary from her mother. Her son-in-law, Stephen, is also involved in the association as treasurer. Michelle Webster, home manager

at Cedrus House, said: “It was brilliant to have the sound of a brass band filling the care home at this special time of year. Residents enjoyed the performance and it was wonderful to have the opportunity to celebrate Dianne’s achievements and her 42 years of service. “We were thrilled to help the East Anglian Brass Band Association with the surprise presentation, and we hope they will return for another performance soon.” Dianne Hastings was delighted to have the players come and perform at Cedrus House. It was a lovely surprise for her to be recognised for the contribution she has made to brass music and the association. Dianne has never played an instrument, but has always had a passion for brass music, and her late husband, Brian, played in local brass bands in Suffolk and Norwich for over 60 years, and was president and chairman of the East Anglian Brass Band Association.

The Carer #35 Winter 2017  

Issue #35 of The Carer - The leading independent publication for nursing and residential care homes. Published Winter (January) 2017.

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