Your rights in care — and how to complain effectively
Raising a concern about someone's care can feel daunting — you worry about repercussions, or being "that family". But you have clear rights, a defined escalation route, and protection when you use it.
What every resident is entitled to
- Safe care and treatment, dignity and respect, and freedom from abuse or neglect — legal requirements under the Health and Social Care Act regulations, inspected by the CQC.
- Involvement in decisions: a person with capacity decides for themselves; without capacity, decisions must follow the Mental Capacity Act and any Lasting Power of Attorney.
- A written contract, transparent fees, and proper notice of any fee increase.
- Visits: since 2024 the CQC framework treats enabling visiting as part of good care — blanket visiting bans are not acceptable.
- A working complaints procedure — every registered provider must have one and must not treat anyone worse for using it.
The escalation ladder
- Raise it informally first — with the key worker or manager. Most issues are resolved here. Keep a dated note of what was agreed.
- Formal complaint to the provider — in writing, headed "Formal complaint". They should acknowledge it promptly and give a full response with timescales.
- Council or NHS — if the council or NHS arranges/funds the care, you can complain to them directly at any stage.
- Local Government & Social Care Ombudsman (LGSCO) — free, independent, and covers self-funders in care homes too. Go here if the provider's response doesn't resolve it. For NHS-funded care, it's the Parliamentary and Health Service Ombudsman.
- Tell the CQC — the CQC doesn't investigate individual complaints, but your report feeds directly into inspection and enforcement. Use their "Give feedback on care" service.
If someone is at risk right now
Suspected abuse or neglect is a safeguarding matter, not a complaint. Contact the local council's adult safeguarding team immediately (every council has one), and call 999 if there is immediate danger. You do not need proof — reasonable concern is enough.
Getting support
You don't have to do this alone. Local advocacy services (your council must provide an independent advocate in some circumstances), Age UK, Healthwatch, and the Relatives & Residents Association helpline all support families through complaints — and an advocate's involvement often speeds up a resolution.