Placing a loved one in a care home is one of the most emotional decisions anyone can make. You trust that the home will provide safety, comfort, and respect — a place where they will be treated with dignity in their later years. Sadly, there are times when that trust is broken. If your loved one has suffered because of poor care, or worse, lost their life as a result of neglect, you may wonder whether you can do something about it.
This guide explains everything you need to know about care home negligence claims in the UK — what counts as negligence, how to prove it, what compensation might cover, and the steps you can take to hold those responsible to account.
What Is Care Home Negligence?
Care home negligence happens when staff or management fail to meet the basic standard of care expected under the law. Every care home in the UK has a duty of care towards its residents. This means they must take reasonable steps to protect residents from harm, ensure proper medical attention, and maintain safe living conditions.
When that duty is breached — whether through lack of training, poor supervision, or deliberate neglect — the consequences can be devastating. Residents might suffer pressure sores, malnutrition, infections, injuries from falls, or even death due to inattention or errors.
Negligence in a care home can occur in both NHS-run and privately operated facilities. The key point is whether the home failed to provide the reasonable care expected of them, leading directly to harm.
Common Examples of Negligence in Care Homes
Understanding what counts as negligence can help you recognise if something has gone wrong. Here are some examples of situations where a claim may be possible:
1. Medication and Prescription Errors
Residents often depend on strict medication schedules. If staff give the wrong medication, fail to administer it at the right time, or don’t update medical records properly, the results can be serious — even life-threatening.
2. Injuries from Falls
Many care home residents are elderly or frail. Falls can happen, but some are avoidable. Negligence may arise if staff fail to carry out risk assessments, ignore the need for mobility aids, or leave residents unsupervised when help is clearly required.
3. Pressure Sores and Bedsores
When residents cannot move without help, carers must reposition them regularly. Failing to do so can cause painful pressure ulcers that may become infected and take months to heal. In severe cases, these sores can lead to life-threatening conditions such as sepsis.
4. Malnutrition and Dehydration
Every resident should receive balanced meals and enough fluids each day. A lack of monitoring or failure to assist those who cannot feed themselves may cause severe weight loss, weakness, and illness.
5. Abuse or Deliberate Neglect
Negligence doesn’t always stem from mistakes — sometimes it’s intentional. Physical, emotional, or even financial abuse in care homes is a very real issue. Any form of mistreatment should be reported immediately and can form part of a legal claim.
How Neglect Can Lead to Death
In the most tragic cases, neglect can result in a resident’s death. Examples include:
- Staff ignoring signs of a medical emergency such as a heart attack or stroke.
- Poor infection control leading to fatal illnesses.
- Inadequate supervision causing serious falls or choking.
- Failure to notice allergic reactions or medication side effects.
If this happens, it may be classed as wrongful death due to negligence, and the family could pursue a compensation claim.
The Laws That Protect Residents
Several UK laws set out the responsibilities of care homes and their staff:
- The Health and Safety at Work etc. Act 1974 – requires employers to safeguard the health and safety of employees and others affected by their work, including residents.
- The Management of Health and Safety at Work Regulations 1999 – outlines how care homes must manage risks and carry out regular safety assessments.
- The Care Act 2014 – places duties on local authorities and care providers to prevent abuse and neglect.
- The Limitation Act 1980 – sets the time limits for making a legal claim (usually three years from the incident or the date you discovered the harm).
- The Fatal Accidents Act 1976 – allows certain family members to claim compensation if a loved one dies because of negligence.
These laws exist to protect you and your loved ones from harm and to ensure accountability when standards are not met.
Who Can Make a Care Home Negligence Claim?
You may be able to claim compensation if:
- You were personally harmed as a care home resident due to negligence.
- You are acting on behalf of a loved one who cannot claim themselves (for example, if they lack mental capacity).
- You are a relative of someone who has died as a result of care home neglect.
When claiming on someone else’s behalf, you might need to be appointed as a litigation friend by the court. This allows you to make decisions about the case in their best interests.
Evidence You’ll Need to Prove Negligence
Proving negligence means showing that the care home breached its duty of care and that this directly caused harm. Useful evidence may include:
- Medical records detailing injuries, illnesses, or treatment received.
- Photographs of visible harm such as bruises or pressure sores.
- CCTV footage or witness statements from staff, residents, or visitors.
- Care home contracts or records, showing the level of care agreed upon.
- The Coroner’s report or inquest findings if the case involves a death.
- A diary of symptoms or notes about the condition of your loved one.
The stronger the evidence, the more likely it is that a solicitor or insurer will accept liability.
How Long Do You Have to Make a Claim?
Under the Limitation Act 1980, you usually have three years to start a claim. This period begins either:
- From the date the negligence occurred, or
- From the date you first became aware that the negligence caused harm (known as the “date of knowledge”).
There are exceptions. For example, if the injured person lacks mental capacity, there may be no time limit until or unless they regain capacity. If the case involves a fatality, the three-year period generally runs from the date of death or from the inquest findings.
It’s always best to seek legal advice as soon as possible, as gathering evidence and medical assessments can take time.
What Compensation Covers
Compensation in care home negligence claims can cover both financial losses and emotional suffering. The total amount depends on the severity of harm and its impact on your life or your family’s life.
1. General Damages
These compensate for pain, suffering, and loss of enjoyment of life. The value often comes from the Judicial College Guidelines (JCG), a set of reference figures used by courts and solicitors. For example:
- Severe brain damage: £267,000 – £493,000
- Serious back injury with nerve damage: £90,000 – £107,000
- Psychiatric harm (severe): £66,000 – £140,000
- Pressure sores or multiple injuries: up to £500,000 (with special damages)
2. Special Damages
These cover financial losses caused by the negligence, such as:
- Private medical or care costs.
- Travel expenses.
- Lost income or savings.
- Funeral costs (if the case involves death).
3. Bereavement and Dependency Awards
If a loved one has died, dependants may be able to claim for:
- The bereavement award, currently set at £15,120 under the Fatal Accidents Act 1976.
- Loss of financial dependency, where the deceased contributed to household income.
- Loss of services, such as childcare or support around the home.
- Loss of companionship and guidance, known as loss of consortium.
While no amount of money can undo what happened, compensation can help families manage practical costs and secure accountability for poor care.
Complaining to the Care Home or Authorities
Before or during a claim, you have the right to make a formal complaint to the care home management. In your complaint, you should:
- Clearly explain what happened and who was involved.
- Provide dates, times, and any supporting evidence.
- Ask for an internal investigation and written response.
If the care home fails to respond or the issue is not resolved, you can escalate the complaint to:
- The Care Quality Commission (CQC) – the regulator for care homes in England.
- The Local Government and Social Care Ombudsman – if you feel the complaint was mishandled or ignored.
Document every piece of correspondence. Even if you decide to pursue a legal claim, having this record strengthens your case and highlights any patterns of neglect within the facility.
Steps to Take If You Suspect Negligence
If you believe a loved one is being neglected or mistreated in a care home:
- Raise your concerns immediately with senior staff or management.
- Document everything – take notes, photos, and keep records.
- Seek medical advice if your loved one shows signs of harm.
- Report serious issues (such as abuse or unsafe practices) to the CQC or local authorities.
- Seek legal guidance to understand your rights and possible next steps.
You do not have to face the situation alone. There are clear legal protections in place for residents, and help is available to ensure justice is served.
The Emotional Side of Care Home Negligence
Beyond the legal process, it’s important to acknowledge the emotional impact. Discovering that someone you love was harmed in a place meant to protect them can leave you feeling angry, guilty, and helpless. Seeking compensation is not just about money — it’s often about getting answers and ensuring that no one else suffers the same fate.
Taking action can help raise standards across care homes and encourage stronger oversight. Families who speak up play a vital role in improving care quality nationwide.
Final Thoughts
Neglect in a care home is a deeply distressing experience, especially when it involves those who are vulnerable or unable to speak for themselves. UK law recognises the duty that care homes owe to their residents — and it provides a path to justice when that duty is breached.
If you suspect that a loved one has suffered harm due to care home negligence, gather evidence, report your concerns, and seek legal advice to understand your rights. Whether the issue involves mistreatment, medical errors, or fatal neglect, support is available to help you find closure and accountability.
Everyone deserves dignity and compassion in later life. Holding negligent care homes to account is one way to ensure that promise is upheld.