Placing a loved one in a care home is one of the hardest decisions a family ever makes. It’s a decision made on the basis of trust – trust that the people responsible for your loved one’s care will treat them with dignity, keep them safe and respond properly when something goes wrong.
When that trust is broken and a loved one suffers harm that could and should have been prevented, families deserve answers. They may also be entitled to compensation – but recognising negligence in a care home setting isn’t always straightforward, and the hesitation families feel about coming forward is completely understandable.
Guilt, uncertainty, loyalty to staff members who may have shown kindness – these are all real and valid feelings. But they shouldn’t stand between a family and the answers they deserve.
This guide covers what care home negligence looks like, how to spot the signs, what to do if you have concerns, and when it’s time to seek legal advice.
What Is Care Home Negligence?
Care home negligence occurs when the standard of care provided falls below what is reasonably expected – and that failure causes harm to a resident.
Every care home has a duty of care to every resident. That’s not just a moral obligation – it’s a legal one. The Care Act 2014 sets out the standard of care that residents are entitled to expect, and care homes are regulated by the Care Quality Commission, which inspects services and has powers to act where standards fall short.
Unlike NHS negligence claims – which are handled through NHS Resolution – care home claims may be against private providers, local authority-run homes or charitable organisations. The legal principles are similar, but the route to making a claim is different.
If something felt wrong with the care your loved one received, it’s worth getting advice. You don’t need to be certain it was negligence before picking up the phone.
What Are the Most Common Types of Care Home Negligence?
Pressure Sores and Bed Sores
Pressure sores are one of the most common indicators of neglect in care settings – and one of the most preventable. With proper repositioning, good nutrition and adequate skin care, the majority of pressure sores simply shouldn’t develop.
They are graded by severity from grade 1 to grade 4. Grade 3 and 4 sores – which involve deep tissue damage – are particularly serious and are often a sign that basic care standards have not been met. Failure to assess risk on admission, failure to implement an appropriate care plan, and failure to respond to early signs are all situations that can give rise to a claim. Pressure sores are also closely linked to inadequate staffing levels – when there aren’t enough staff to turn and reposition residents regularly, the consequences can be severe.
Falls and Injury
Falls in care homes are not an inevitable part of ageing. Many are preventable with proper risk assessment and management. Common failures include not carrying out a falls risk assessment when a resident is admitted, inadequate supervision, inappropriate footwear, wet floors and poor lighting.
Falls resulting in fractures or head injuries in elderly residents can be life-changing – and where the same resident falls repeatedly without any review of their care plan, that pattern is something a solicitor will want to examine carefully.
Medication Errors
Medication mistakes in care settings can take several forms – the wrong medication being administered, the correct medication being withheld, an incorrect dosage, or a failure to monitor for dangerous side effects or interactions with other medications.
Poor medication record-keeping makes these errors harder to detect and easier to deny. Residents with dementia are at particular risk because they cannot self-report that something has been given incorrectly or missed entirely.
Malnutrition and Dehydration
Residents who are unable to feed or drink independently need proper assistance to do so. Failure to monitor food and fluid intake, leaving residents unable to access meals without help, and failing to identify and act on significant weight loss are all serious care failings.
MUST screening – a nutritional assessment tool – should be carried out and reviewed regularly for all residents. For those with swallowing difficulties, the risks are even more significant and specialist care plans are essential.
Inadequate Supervision and Wandering
Residents with dementia who wander are at serious risk of harm if the care home fails to implement appropriate safety measures. Incidents where residents leave the premises unsupervised, or where harm occurs due to unsupervised contact between residents, are situations where the care home’s duty of care is directly engaged.
Inadequate staffing levels are often at the root of supervision failures – and that’s something a care home negligence claim will examine.
Infections and Poor Hygiene
Infection control in care settings is a fundamental obligation. Failure to maintain adequate standards of cleanliness, breaches in infection control protocols and pressure sores becoming infected due to inadequate wound care are all situations that can cause serious and avoidable harm.
Following the pandemic, the importance of robust infection control in care homes has never been clearer – and failures in this area are taken seriously.
Emotional and Psychological Harm
Not all harm in care homes is physical. Verbal abuse or demeaning treatment by care staff, residents left isolated or emotionally neglected, and failure to respect dignity and individual preferences can all cause genuine and lasting harm.
Psychological harm can be harder to evidence than physical injury, but it can still form the basis of a valid claim. If you witnessed something that concerned you or your loved one reported treatment that troubled them, it’s worth raising and worth getting advice on.
Failure to Seek Medical Attention
When a resident’s condition deteriorates, the care home has an obligation to respond promptly and appropriately. Failure to call a GP or emergency services when the clinical signs clearly warranted it, inadequate handover when a resident is discharged from hospital back to the care home, and delayed responses to changes in a resident’s condition are all situations that can cause avoidable harm – and give rise to a negligence claim.
How Do You Know If Something Was Negligence?
Not every accident or deterioration in a care home amounts to negligence. Elderly and vulnerable people can decline in health for reasons entirely unconnected to the care they’re receiving.
But there are signs worth paying close attention to. Unexplained injuries. Significant weight loss that wasn’t identified or acted upon. Repeated infections. A change in behaviour or mood that doesn’t fit with the medical picture. Inconsistent or evasive explanations from care staff when you ask questions.
If any of those things sound familiar, start keeping your own written record of visits, observations and conversations. Request copies of your loved one’s care records. And get legal advice – you don’t need to be certain it was negligence before you do.
What Should You Do If You Suspect Care Home Negligence?
The first step is to raise your concerns directly with the care home manager. Do this in writing wherever possible and keep a record of that conversation and any response you receive.
If the care home’s response is unsatisfactory, make a formal complaint. Care homes are required to have a complaints procedure and to respond to it. Keep copies of everything.
You can also report concerns to the Care Quality Commission, which has powers to investigate and take action. If you believe a vulnerable adult is at immediate risk, contact the local authority adult safeguarding team.
At the same time – or once you’ve exhausted the complaints process without getting the answers you need – seek legal advice. A specialist solicitor can help you understand your options, run alongside the complaints process rather than replacing it, and advise you on whether a legal claim is worth pursuing.
Evidence matters. Photographs of injuries, care records, GP notes, your own diary of visits and observations – all of it can be important later.
Who Can Make a Care Home Negligence Claim?
A claim can be brought by the resident themselves, where they have the capacity to instruct a solicitor. Where the resident lacks mental capacity, a family member or litigation friend can bring the claim on their behalf.
Where a resident has since died and negligence is believed to have contributed to their death, a family member may be able to bring a claim on behalf of the estate. It’s worth noting that there is a distinction between the losses suffered by the resident themselves and any separate losses suffered by the family – a solicitor can explain how both are handled.
Most care home negligence claims are handled on a no win no fee basis, meaning there is no financial risk to the family in getting advice or pursuing a claim.
How Long Do You Have to Make a Care Home Negligence Claim?
The general limitation period for clinical negligence claims is three years from the date of the negligence or the date of knowledge – whichever is later.
Different rules apply where the resident lacks or lacked mental capacity. And where a resident has died, the three year clock runs from the date of death rather than the date of the negligence.
Don’t wait. Care records can become harder to obtain over time, memories fade, and staff move on. The sooner advice is sought, the stronger the position tends to be.
What Compensation Can You Claim For?
Compensation in care home negligence cases covers two main areas.
General damages reflect the pain, suffering and loss of quality of life caused by the negligence. Special damages cover the financial impact – additional care costs incurred as a result of the negligence, medical expenses, travel costs and any other out-of-pocket losses directly linked to what happened.
In cases where negligence contributed to a resident’s death, a claim may also be possible under the Fatal Accidents Act for the losses suffered by the family as a result.
Every case is different, and a solicitor will give you a proper assessment of what yours might be worth. Most care home negligence claims at Liberay Legal are handled on a no win no fee basis.
The Role of the Care Quality Commission
The Care Quality Commission is the independent regulator of health and social care in England. It inspects care homes, rates them and has powers to take action where standards are not being met.
CQC inspection reports are publicly available and can be a useful starting point when assessing the standard of care at a particular home. A rating of “requires improvement” or “inadequate” may indicate systemic problems that are relevant to a negligence claim.
Making a complaint to the CQC is entirely separate from making a legal claim – and both can be pursued at the same time. We’d encourage families to check the CQC rating of their loved one’s care home and to report concerns to the CQC where appropriate.
Why Choose Liberay Legal for Your Care Home Negligence Claim?
Our clinical negligence team, led by Carlos Lopez, Head of Clinical Negligence, has extensive experience handling care home negligence cases with the sensitivity and expertise they demand.
We understand that these situations are among the most difficult a family can face. We approach every case with compassion, work with leading independent medical experts to build the strongest possible case, and will always be straight with you about what we think – from the very first conversation.
Most cases are handled on a no win no fee basis. There is no financial risk to you in getting advice.
Frequently Asked Questions
Can I make a care home negligence claim on behalf of my parent?
Yes. Where a resident lacks mental capacity, a family member can act as litigation friend and bring a claim on their behalf.
What if my relative has since died – can I still claim?
Potentially yes. Where negligence contributed to a resident’s death, a claim may be possible on behalf of the estate and in some cases on behalf of the family. The three year limitation period runs from the date of death. Get advice as soon as possible.
How long does a care home negligence claim take?
It depends on the complexity of the case. Some claims resolve within months. More complex cases can take longer. Your solicitor will keep you updated throughout.
Will making a claim affect my relative’s place in the care home?
This is a concern we hear often. Making a legal claim does not automatically affect a resident’s placement, but if you have concerns about the ongoing safety of your loved one in that setting, we can discuss the options available to you.
What if the care home has since closed?
A claim may still be possible. Care homes are required to hold insurance, and claims can often still be pursued even where the home has closed. Get advice on your specific circumstances.
How do I get hold of my relative’s care records?
You can request care records directly from the care home. A solicitor can also assist with obtaining records as part of the claims process.
Can I claim if the care home is privately run rather than NHS?
Yes. The legal principles are the same regardless of whether the care home is privately run, local authority-run or charitable. The route to making a claim differs from an NHS claim but the process is equally accessible.
Not Sure If You Have a Case? Talk to Us First
This is one of the hardest situations a family can face – and the last thing you need at a time like this is more uncertainty.
You don’t need to have all the answers before you get in touch. If something didn’t feel right about the care your loved one received, the best thing you can do is have a conversation with someone who can help you make sense of it.
Get in touch with Liberay Legal today for a free, no-obligation consultation with one of our specialist clinical negligence solicitors. We’ll listen carefully, give you an honest assessment of your situation, and be with you every step of the way if you decide to proceed.
Call us on 03330 115 105.
