Yes. A service can refuse to admit an individual as a respite or permanent resident including moving a resident from respite care to permanent care. The service does not need to provide a reason for refusing admission.
Can the provider ask me/my relative to leave the residential care service or move rooms?
This will depend on whether you or your relative entered the service on a temporary or permanent care placement.
Respite placements are valid for the duration of the agreement. A provider is not required to extend a respite agreement or move a respite resident to a permanent agreement.
For permanent residents, if your service asks you or your relative to move rooms or leave the service this should require your agreement. These rules should be set out in your agreement.
A service must provide a clear and reasonable explanation about why you or your relative has been asked to leave, for example:
- the service is closing
- your longer-term needs or those of your relative are not able to be cared for by the service
- care is no longer required
- You or your relative has intentionally caused serious injury or harm to a staff member or other resident
- You or your relative has caused damage to property.
In addition to providing a reasonable explanation, the service must provide you reasonable notice, help you locate another service that meets your needs, and offer you an opportunity to appeal their decision.