What rights do care home residents have in the UK?
By sima kornbluth · Published 2025-10-28 · Last reviewed 2026-09-18
Care home residents in the UK keep the same basic rights as anyone else. In England, legal fundamental standards entitle them to safe, dignified, person-centred care, consent, visitors and a complaints process. Consumer law protects them from unfair contract terms and eviction without proper notice, and the Mental Capacity Act protects those who cannot make decisions for themselves.
Moving into a care home does not take away anyone's rights. Residents keep their human rights, their right to make their own decisions where they can, and their rights as consumers. In England, care homes must also meet legal "fundamental standards" enforced by the Care Quality Commission (CQC). Similar protections apply in Scotland, Wales and Northern Ireland through their own standards and regulators.
This guide sets out the main rights, where they come from and what to do if they are not respected. It is general information; for a specific legal problem, get advice from a solicitor, Citizens Advice or Age UK.
What standards must every care home meet in England?
The CQC's fundamental standards are the standards below which care must never fall. In plain terms, every resident is entitled to:
- Person-centred care that reflects their needs and preferences
- Dignity and respect, including privacy and support to stay independent
- Consent: care or treatment only with their consent, or that of someone legally able to decide for them
- Safety: no unsafe care or avoidable risk of harm
- Safeguarding from abuse, neglect and improper restraint
- Enough food and drink to stay healthy
- Clean, suitable premises and equipment
- A complaints process that investigates and acts on concerns
- Enough suitably qualified staff
- Visiting: to have visitors and to go out on visits without difficulty
- Openness: providers must be honest when things go wrong (the duty of candour) and display their CQC rating
Can a care home restrict visitors?
Since April 2024, Regulation 9A has applied in England. Care homes must support residents to receive visits in a way that meets their needs and preferences, and must not discourage them from going out on visits. People attending hospital or hospice appointments must be enabled to have a family member, friend or supporter with them. Any precautions must be necessary and proportionate, and nobody can be made to receive a visit against their wishes.
Consumer law adds another protection: the Competition and Markets Authority (CMA) says homes must never restrict a resident's right to have visitors, or threaten to, in retaliation for a complaint.
What rights do residents have as consumers?
A care home contract is a consumer contract, so unfair terms may not be binding. The CMA's consumer law advice for care homes, which applies across the UK, says homes should:
- give clear information about fees, what is included and extras before someone moves in
- explain in the contract when and how fees can rise
- only ask a resident to leave for valid reasons, set out in the contract, after consulting them and their representatives
- give at least 28 days' written notice to leave, outside a trial period
- never ask a resident to leave in retaliation for a complaint
- limit fees charged after a resident dies to a short, fixed period
- have a complaints procedure that is easy to find and use
What if a resident cannot make decisions?
The Mental Capacity Act 2005, which applies in England and Wales, protects people who may lack capacity. Staff must assume a resident can make a decision unless shown otherwise, help them to decide, and accept that an unwise decision is not proof of lacking capacity. Any decision made for someone who lacks capacity must be in their best interests and the least restrictive option.
Deprivation of Liberty Safeguards
Some residents who lack capacity are under continuous supervision and not free to leave, for example people with advanced dementia. In England and Wales, a care home must apply to the local authority for authorisation under the Deprivation of Liberty Safeguards (DoLS). The CQC has repeatedly raised concerns about long delays in processing applications, as set out in its review of DoLS. Families should be told when an application is made, and can ask for an independent advocate or challenge an authorisation.
What about equality and human rights?
- Human rights law protects rights such as respect for private and family life and freedom from degrading treatment. Public bodies, including councils arranging care, must act compatibly with these rights.
- Equality law protects residents from discrimination because of age, disability, race, religion, sex, sexual orientation and other protected characteristics. Homes should make reasonable adjustments for disabled residents.
In practice, this means respecting a resident's faith, culture, diet, relationships and identity.
How do residents complain if their rights are not respected?
The CQC explains how to complain about an adult social care service:
- Raise it with the care home first. Every provider must have a complaints procedure you can ask to see.
- If the council arranges or funds the care, you can also complain to the council.
- If you are still unhappy, the Local Government and Social Care Ombudsman can investigate complaints about adult social care in England, including for people paying for their own care.
- Tell the CQC. It does not investigate individual complaints, but it uses what people tell it to decide where and when to inspect.
If you think someone is being abused or neglected, contact the council's adult safeguarding team straight away, or the police if a crime may have been committed.
How do rights differ in Scotland, Wales and Northern Ireland?
- Scotland: the Health and Social Care Standards set out what people should expect from care services, and the Care Inspectorate inspects against them. Scotland has its own adults with incapacity law.
- Wales: Care Inspectorate Wales regulates care homes, and the Mental Capacity Act and DoLS apply as in England.
- Northern Ireland: the RQIA inspects homes against minimum standards set by the Department of Health, and Northern Ireland has its own mental capacity legislation.
Consumer law and the CMA's advice apply in all four nations.
Frequently asked questions
Can a care home evict a resident?
Only for valid reasons set out in the contract, such as being unable to meet their needs, and only after consulting the resident and their representatives. The CMA says at least 28 days' written notice should be given, and never in retaliation for a complaint.
Can a care home stop me visiting my mother?
In England, homes must support residents to receive visits, and any precautions must be necessary and proportionate. If you are being kept away, ask for the reason in writing and raise it through the complaints process.
Does my relative have to take part in activities or follow set routines?
No. Person-centred care means choice over daily life, such as when to get up, what to eat and what to do, as far as it is safe.
Who decides for a resident who lacks capacity?
Decisions are made in their best interests, by the person responsible for that decision, after consulting family and anyone with a lasting power of attorney. An attorney or court-appointed deputy can make decisions within their authority.
Can a resident manage their own money?
Yes, if they have capacity. If they cannot, an attorney or deputy manages it. Homes should not take control of a resident's money without proper authority and records.
Key takeaways
- Residents keep their human rights, their consumer rights and the right to make their own decisions where they can.
- In England, the CQC's fundamental standards include dignity, consent, safety, visiting and complaints.
- Contracts must be fair, with proper notice before any eviction.
- The Mental Capacity Act and DoLS protect residents who cannot decide for themselves.
- Complain to the home first, then the council or Ombudsman, and report abuse to safeguarding.