What rights do residents have in a care home?

If you are moving into a new care home, it is natural to have apprehensions and concerns about what the move might entail.

We’ve all heard the stories of neglect, or mistakes being made when caring for seniors in care homes. While those stories are thankfully rare, there may be concerns about how much freedom and autonomy you will have when you move into a facility.

Therefore, it is no wonder people find themselves asking, ‘what rights do residents have in a care home?’ In this blog, we will attempt to answer this question and what you can do if for some reason you are unhappy with the quality of your care.

Choosing a care home

Before we highlight what rights residents have in a care home, we will briefly discuss the rights you have before you move into a care home.

Choosing a care home is often fraught with emotions and questions. Regardless of whether you are moving into a care home for the first time, or changing care homes, you are entitled to get answers about the quality of care, the fees charged, what is included in the cost, and other relevant information.

You also have a right to know about the staffing arrangements in the care home you are going into, the latest regulator rating and any important terms or conditions that may apply to you.

All of these details should be prominently displayed on the care home’s website and included in any information packs. The information should also be easily accessible for those with disabilities.

When requesting information about a care home, it should also be provided in sufficient time so that you can consider it before you have a care needs assessment.

When you find yourself asking ‘what rights do residents have in a care home?’ be sure to factor in all of the above and ask detailed questions about your care before you make your final decision.

What rights do residents have in a care home?

When you move into a care home, you don’t lose your rights—you retain the same freedoms and legal protections as anyone else. Understanding these rights is essential for ensuring you receive the dignity, respect, and quality of care you deserve.

So what rights do residents have in a care home? We discuss these in further detail below:

Right to dignity and respect

You have the right to be treated with respect, regardless of your physical or cognitive condition. Care homes must provide an environment where residents feel valued and safe.

Protection from abuse

As a bare minimum, you must be protected from any physical, mental, or verbal abuse. Care homes are supposed to be just that - facilities where people receive the highest level of care and support. Regardless of the challenges you are going through, abuse is illegal and should never be part of the equation. While this should go without saying, it is a fundamental human right. Sadly, we sometimes hear of cases where this right is not respected, however this is extremely rare.

Clean, hygienic premises

Care homes should be clean and hygienic at a minimum. Regular cleaning, proper waste disposal, and infection control measures are essential to maintaining a safe and comfortable environment. You have the right to live in a space that promotes health and wellbeing, free from hazards such as mould, pests, or unclean facilities.

Clear terms and conditions

Another key consideration to remember when it comes to what rights residents have in a care home is the paperwork you sign. If you are self-funding your own care, you will typically have a contract, which is between you and the care home. The contract must contain terms and conditions that are outlined and explained clearly. Terms must be agreed in a fair way. Unfair terms that put you at a disadvantage are invalid by law.

Unfair contracts are ones that contain hidden terms and conditions, or ones that do not hold the care home responsible if anything goes wrong. If a care home requires fees to be paid long after a resident has died, this also counts as an unfair term. Terms that allow care homes to make unexpected changes to your fees or require any additional upfront fees beyond just a deposit or advance payment of regular, residential fees also count as being unfair. If you notice any unfair terms in your contract, these can be challenged in court if a care home refuses to address it.

Seeking and responding to risk

Risk management should also be another consideration when asking yourself the question, ‘what rights do residents have in a care home?’

The key to good risk management is actively identifying and managing potential risks to the health and wellbeing of those who live in a care home. This includes assessing fall risks, preventing infections, and ensuring staff are trained to handle emergencies. Residents should also be involved in decisions about risk, balancing safety with personal independence and choice. Check out our blog ‘A complete guide to health and safety in care homes’ for more information about the safety standards you should expect in care homes.

Safe management of medicines

Proper medication management is crucial in care homes. You have the right to receive the correct medication at the right time, administered by trained professionals. Care homes must follow strict protocols for storing, prescribing, and monitoring medicines to prevent errors and ensure residents' health needs are met safely.

Protection from unsafe care

Every resident has the right to safe, high-quality care that meets regulatory standards. Care homes must have proper staffing levels, provide adequate training, and regularly review care practices to prevent neglect or harm. If care is unsafe or inadequate, residents and their families have the right to raise concerns and seek improvements.

Records of care and treatment

You have the right to accurate and up-to-date records of your care and treatment. Care homes must maintain clear documentation of medical care, support plans, and any changes in your health. These records should be kept confidential but accessible to you and your designated family members or representatives. Understanding what rights residents have in care homes makes it easier to request and review your care records at any time.

Respecting and involving service users

Your choices, preferences, and opinions should always be respected in a care home. Staff must involve you in decisions about your daily life, from meal options to social activities and medical care. You have the right to be treated as an individual, with your cultural, religious, and personal beliefs acknowledged and accommodated wherever possible.

Staffing levels and quality

The quality of care you receive depends on the staff who support you. Care homes must have enough trained staff to meet residents' needs safely and effectively. You have the right to care from professionals who are compassionate, skilled, and properly trained to handle medical and personal care. If staffing levels are too low, it could impact your wellbeing, and you have the right to raise concerns if care standards are not being met.

Complaints procedures

Another right that residents have in a care home is the right to complain. If you feel that you have not received adequate care while in a care home, you have the right to complain and have your voice heard. Care homes should ensure their complaints process is easy-to-understand and accessible. You must never be prevented from making a complaint, and complaints should be dealt with efficiently. Your provider should also explain how to escalate a complaint if it is not adequately dealt with. The complaints procedures must be available in different languages and formats.

Being asked to leave

Your contract with your provider should outline the reasons you may be asked to leave the care home and the reasons must be valid. For example, if the care home is no longer able to meet your needs, or you have repeatedly failed to pay the fees, then those are legitimate reasons you may be asked to leave. However, this should be set out clearly in the terms and conditions you agree to. A care home must never ask you to leave without consulting you, your carers, and the relevant professionals.

Understanding your rights

Understanding what rights residents have in a care home empowers you to advocate for yourself and ensure your care home upholds the highest standards of support and respect. If you or someone you know has concerns about care home rights, then seeking advice from regulatory bodies or advocacy groups can provide guidance. To learn more about the rights residents have in a care home, check out the GOV.UK website.

Looking for a care home?

Now that we’ve answered the question, ‘what rights do residents have in a care home?’, you may be wondering how to find a care home that will uphold those rights. Well the good news is that our platform can assist you in your search.

All you need to do is head over to our search bar and type in your location to view a list of care homes in your area.

We also have a shortlisting tool where you can answer a few quick questions to receive a bespoke list of care homes that are even more closely aligned to your needs. If you need additional advice or information, contact our friendly and knowledgeable advice team on 01892 335 330.