In July we published a briefing regarding the High Court judgement that found in favour of Care UK in relation to the lawfulness of a charge for administration fees. At the time we commented that the CMA was considering whether to appeal that court decision.
The CMA has now decided that they are not going to appeal.
As a result of this the CMA has also suspended its consumer law advice for care home providers and supporting documents while it considers the implication of the judgement in the Care UK case. That said, it expects many of the principles upon which it had previously advised to remain applicable. The CMA has said that it intends to reissue its guidance when their review has been completed. In the meantime, providers remain obliged to comply with the requirements of consumer protection law.