Start with the care home itself and use its complaints procedure. If that doesn’t resolve things, go to the local council if it funds the placement, and then to the Local Government and Social Care Ombudsman, which can also investigate privately funded care. Tell the Care Quality Commission too, although it doesn’t investigate individual complaints. If someone is in danger or a crime may have been committed, don’t wait for any of this. Contact the council’s safeguarding team or the police.
Poor care can amount to negligence when it falls below a reasonable standard and causes harm, such as a fall, a pressure sore or a medication error. A complaint is about getting answers and change. A negligence claim is about compensation. You can pursue both, but they work differently and the order matters.
This guide covers care homes in England.
How do you complain about a care home?
Raise it with the care home manager first, ideally in writing, and ask for a copy of the complaints procedure. Every registered care provider must have one. If you aren’t satisfied, go to the local council if it funds or arranged the care, then to the Local Government and Social Care Ombudsman. Tell the Care Quality Commission, and call the police if you think a crime has happened.
That order is the one the Care Quality Commission sets out. It says that by law all health and social care services must have a complaints procedure, and that you should contact the provider in the first instance.
In practice it helps to start with a conversation and then put the same points in an email or letter. A written complaint gives you a date to point to and makes it harder for the issue to drift. Ask how long the home will take to reply and what the next stage is.
You can complain on someone else’s behalf if they’ve given you permission or you have a legal right to act for them, such as a lasting power of attorney.
Who handles what?
| Who | What they do | When to use them |
| Care home manager or provider | Investigates your complaint under its own procedure | Always the first step for a non urgent concern |
| Local council | Handles complaints about care it funds or arranged, and runs adult safeguarding | When the council pays for the placement, or you suspect abuse or neglect |
| Local Government and Social Care Ombudsman | Independently investigates complaints about councils and adult social care providers, including privately funded care | After the home or council has had a chance to put things right |
| Care Quality Commission | Regulates and inspects care homes but doesn’t take forward individual complaints | To report poor care so it can inform inspections |
| Police | Investigates crimes such as assault or theft | When someone is in danger or a crime may have happened |
| Solicitor | Advises on whether poor care amounts to negligence and on a claim for compensation | When there has been harm, such as an injury or deterioration in health |
The Ombudsman won’t normally look at a complaint until the organisation has completed its own process. It says that if you haven’t had a reply within a reasonable time, which in most cases it thinks should be up to 16 weeks, you can come to it anyway.
When should you not wait for the complaints process?
If someone is in immediate danger or you suspect a crime such as assault or theft, call 999. If you believe a resident is being abused or neglected, contact the council’s adult safeguarding team straight away. You don’t have to finish the care home’s complaints procedure first, and anyone can raise a safeguarding concern.
Under section 42 of the Care Act 2014, a council has to make enquiries if it has reason to suspect that an adult with care and support needs is experiencing, or is at risk of, abuse or neglect and can’t protect themselves. The statutory guidance treats neglect and poor care practice in a setting such as a care home as a form of abuse, so a safeguarding referral isn’t limited to dramatic cases.
Most council websites have a page for reporting a safeguarding concern, and many have an out of hours number. If you aren’t sure whether your concern meets the threshold, ring and ask. A safeguarding enquiry runs alongside any complaint and doesn’t replace it.
How to write a complaint that gets a response
Keep it factual and specific. Vague complaints get vague replies.
- Say Who Was Involved, What Happened And When
- Describe The Harm Or Risk To The Resident
- State Clearly What You Want The Home To Do
- Ask For A Written Reply By A Set Date
- Keep Copies Of Everything, Including Emails And Photos
- Note The Names Of Staff You Spoke To And The Dates
The care records are often where the answers are. These include care plans, falls risk assessments, medication charts and daily notes. A resident can ask for their own records through a subject access request, and you can ask for them on someone else’s behalf if you have their permission or a power of attorney. Organisations usually have 1 month to respond.
If you’ve seen an injury, photograph it with a date. Write down what staff told you at the time. It’s easy to assume you’ll remember, and it’s equally easy to find a year later that you don’t.
When could poor care amount to negligence?
Poor care amounts to negligence when the home owed the resident a duty of care, failed to meet a reasonable standard of care, and that failure caused an injury or loss that wouldn’t otherwise have happened. Unhappiness or a poor experience isn’t enough on its own. You need harm, such as a fracture, an infection or a pressure sore, that can be linked to what the home did or failed to do.
A care home owes its residents a duty of care. The standard is that of a reasonably competent care provider. The fundamental standards that the Care Quality Commission inspects against are a useful reference point, but a breach doesn’t automatically make a claim.
The hard part is usually causation. Many residents are frail and have existing conditions, and some will fall or develop sores even with good care. A fall on its own isn’t negligence. The questions are whether the home knew the risk, whether it assessed and planned for it, and whether it followed its own plan. That is where the records matter.
Our care home negligence solicitors can look at those records and tell you whether the care fell below the standard and whether it caused the harm.
Examples of poor care that may lead to a claim
The situations that most often lead to care home negligence claims include medication errors, pressure sores, falls and handling errors, and neglect or abuse. The table shows what to look for in each.
| Concern | What to look for | Possible harm |
| Medication errors | Wrong or missed doses, gaps or mistakes in medication records | Serious illness or a hospital admission |
| Pressure sores | Residents left in one position for long periods, dressings applied incorrectly, sores not treated | Pain, infection and further treatment |
| Falls and handling errors | No mobility aids, untrained staff, a resident with known mobility problems left unsupervised | Fractures, head injuries and loss of independence |
| Neglect or abuse | Poor hygiene, unexplained injuries, sudden changes in mood or behaviour | Injury and lasting distress |
| Infection control failures | No policy to limit the spread of infection, or a policy that was ignored | Serious illness and, in the worst cases, death |
Here is a simple illustration, not a real case. Imagine your relative has a known risk of falling and the care plan says they need help to walk to the bathroom. A staff member is busy and your relative tries to go alone, falls and breaks a hip. Whether that is negligence depends on whether the plan was followed, whether there were enough staff and whether the risk was properly managed. The same fall in a home that had no plan at all would look very different.
If you’re unsure whether what you’ve seen is a problem, record what you’ve noticed and speak to someone before you decide.
Time limits, capacity and claims after a death
A care home negligence claim should generally be made within 3 years of the negligence or from the date you first knew that the injury or illness was caused by it. The rules are in section 11 of the Limitation Act 1980. Don’t confuse this with the Ombudsman’s limit. The Ombudsman normally won’t look at a complaint if more than 12 months have passed since you first knew about the problem, which is much shorter.
Different rules apply in some situations. If the resident lacks the mental capacity to bring a claim, for example because of advanced dementia, the 3 years generally doesn’t start to run unless they recover capacity. Someone else, such as an attorney or a litigation friend, would normally bring the claim for them. A relative can’t simply bring it in their own name.
If the resident has died, a claim is usually brought on behalf of their estate, and the 3 years generally runs from the date of death. The person bringing the claim needs legal authority to act for the estate, so it is worth speaking to a solicitor early.
Complaint or claim: what can each one do?
A complaint can get you answers, an apology and changes to your relative’s care. A negligence claim is the route to compensation for injury and for costs such as extra care or treatment. Many problems are best solved by a complaint. A claim needs medical evidence and proof that the poor care caused the harm, so it isn’t the right tool for every concern.
The two can overlap, and the order matters. The Ombudsman says it can’t normally look into a complaint if you’re already taking legal action, or if another process, such as a court, is better suited to putting the problem right. If you think you may want to claim, speak to a solicitor before you start an Ombudsman complaint so you don’t close off an option by accident.
Keep every reply you receive from the home or the council. Those letters can become part of the evidence, even if you never expected to need them.
Funding a claim and other legal help
Most care home negligence claims proceed on a no win no fee basis under a conditional fee agreement. If your claim succeeds you pay fees from the compensation, and if it doesn’t you aren’t liable for fees. We will explain exactly how costs work before you decide to go ahead.
A concern about a care home can also raise other legal questions.
- If A Fall Or Pressure Sore Caused A Serious Injury, Our Serious Injury Solicitors Can Advise
- If Poor Care Followed Hospital Treatment, Our Medical Negligence Solicitors Can Review What Happened
- If An Accident Was Not Connected To Care, Our Personal Injury Solicitors Can Help
- If You Work In A Care Home And Were Injured At Work, Our Accident At Work Solicitors Can Help
- If A Resident Has Died, Our Wills And Probate Solicitors Can Help With The Estate
- If You Are Planning Care Or Worried About Fees, Our Later Life Services Team Can Advise
- If Care Responsibilities Are Straining Your Family, Our Family Law Solicitors Can Advise
Frequently asked questions
Who do you complain to if the care home won’t listen?
If the council funds the placement, complain to the council. If you pay for the care yourself, or the council’s response doesn’t resolve things, you can complain to the Local Government and Social Care Ombudsman, which investigates privately funded care too. Also tell the Care Quality Commission, and contact the police if a crime may have happened.
Can you complain to the CQC about a care home?
Yes, you can tell the Care Quality Commission about poor care, and it encourages you to. It doesn’t take forward individual complaints on your behalf, but the information helps it decide when and where to inspect. You should still complain to the home or council to get your own concerns resolved.
Can you sue a care home for neglect?
Yes, if the home failed to provide a reasonable standard of care and that caused injury or loss. Pre existing conditions can make the cause harder to prove, so records and medical evidence matter. A solicitor can tell you whether you have a realistic claim and whether it is worth pursuing.
How long do you have to complain about a care home?
There is no fixed limit for complaining to the home, but do it promptly. The Ombudsman normally won’t look at a complaint more than 12 months after you first knew about the problem. A negligence claim generally has a 3 year limit, with exceptions for people who lack capacity and for claims after a death.
Talk to Mark Reynolds Solicitors
If you’re worried about the care your relative has received and you’re not sure whether it amounts to negligence, speak to us. Call us on 0800 002 9577 or contact our team for a free, no obligation chat. We know these cases can be upsetting, so we deal with every aspect with sensitivity and keep your conversations confidential. We have offices in Liverpool, Leigh, Runcorn and Warrington.