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Care Home Complaints

CareLast reviewed: 1 April 20255 min

If you or a family member are unhappy with the care received in a care home, you have the right to complain. Care homes are required to have a complaints procedure. If the complaint is not resolved internally, it can be escalated to the Care Quality Commission and, in relation to council-arranged care, to the Local Government and Social Care Ombudsman.

Key points

  • All registered care homes must have a complaints procedure and respond to complaints in writing.
  • You can complain on behalf of a resident with their consent, or without consent if they lack capacity.
  • The CQC can receive concerns but does not investigate individual complaints — it uses information for regulatory purposes.
  • The LGSCO investigates complaints about council-arranged care; the PHSO for NHS-funded care.

The Care Home's Complaints Procedure

Every CQC-registered care home must have a written complaints procedure. You can usually find this in the home's service user guide given on admission. The procedure should explain: who to address complaints to (usually the home manager); how to make a complaint (verbally or in writing); the timescale for acknowledgment (usually within 3 working days) and a full response (usually within 28 days); and what to do if you are not satisfied with the response.

Begin by raising concerns informally with the home manager or the person in charge. Many issues can be resolved quickly at this stage. If informal resolution does not work, submit a formal written complaint. Keep copies of all correspondence. Note the date and time of conversations, and the names of people you spoke to.

If the care home is managed by a larger group or company, there may be a head office or regional complaints team who handle escalated complaints. Check the complaints procedure for escalation options within the organisation before going to external bodies.

Raising Concerns with the CQC

The Care Quality Commission regulates and inspects care homes. If you have concerns about the quality of care — particularly concerns about safety, abuse, poor management, or systematic failings — you can report them to the CQC. Reports can be made online, by phone, or in writing.

Importantly, the CQC does not investigate or adjudicate on individual complaints. It uses information it receives — including from the public — to inform its regulatory activity: whether to carry out an inspection, whether to take enforcement action, and how to rate a service. You will not receive a personal response to a CQC report telling you what happened, but your concern may contribute to regulatory action.

Reporting to the CQC is appropriate where you believe the issues represent a systemic failure of the care home to meet CQC standards (the Fundamental Standards), not just a one-off failing. The CQC's five key questions — Safe, Effective, Caring, Responsive, Well-led — frame what it looks for in inspections.

Escalating to the Ombudsman

If the care home's complaints procedure has been exhausted and you remain dissatisfied, the appropriate ombudsman depends on who funds the care:

  • Local Government and Social Care Ombudsman (LGSCO) — If the care was arranged and funded (wholly or partly) by the local council, the LGSCO can investigate complaints about the council's involvement and the quality of the council-arranged care. The LGSCO can also investigate self-funded care home placements in some circumstances.
  • Parliamentary and Health Service Ombudsman (PHSO) — If care was arranged by the NHS (for example, CHC-funded care), complaints about the NHS element go to the PHSO.

Ombudsmen generally expect you to have completed the care home's own complaints process before accepting a complaint. Keep records throughout — the ombudsman will want to see your complaint, the care home's response, and any further correspondence.

LADO Referrals and When to Involve the Police for Suspected Abuse or Neglect

The Local Authority Designated Officer (LADO) is a specific role within children's services dealing with allegations against people who work with children — but a common misconception is that this role applies to adult care settings. In adult care, the equivalent safeguarding mechanism sits within the council's adult safeguarding team, which has the power to convene a Safeguarding Adults Board enquiry under section 42 of the Care Act 2014. If you suspect abuse or neglect of a care home resident by a member of staff, report it to the adult safeguarding team as well as to the CQC.

However, where the suspected abuse or neglect constitutes a criminal offence — assault, theft, financial abuse, sexual assault, wilful neglect under the Care Act, or gross negligence manslaughter — the police should be involved directly and without delay. The Police Powers of Entry allow officers to enter premises to investigate welfare concerns; if a care home is suspected of systemic neglect or the welfare of multiple residents is at risk, a multi-agency investigation involving both the police and the local authority safeguarding team is likely to be initiated. You do not need the care home's consent to contact the police or the council's safeguarding team.

The Mental Capacity Act 2005 is also relevant where a resident who lacks capacity may be experiencing a Deprivation of Liberty (DoLS) without proper authorisation, or where decisions are being made about their care and finances without proper best interests processes. The Office of the Public Guardian investigates concerns about attorneys and court-appointed deputies who may be abusing their position. Where a care home staff member is suspected of financial abuse of a resident, this should be reported both to the police and to the safeguarding team — and if a lasting power of attorney or deputyship is involved, to the Office of the Public Guardian as well.

Frequently asked questions

Can I complain on behalf of my parent without their consent?
If your parent has mental capacity, you should have their consent to complain on their behalf. If they lack capacity, you can complain in their best interests without their explicit consent. The care home should accept a complaint from a family member acting in a resident's best interests.
What if I am afraid the care home will retaliate against my relative?
Care homes are not permitted to discriminate against or mistreat residents because a complaint has been made. If you are concerned about retaliation, you can make a complaint anonymously to the CQC or report concerns to the local authority's safeguarding team. A care home that penalises a resident for a complaint is in breach of CQC standards.
What can the LGSCO actually do if it finds fault?
The LGSCO can recommend: an apology; a financial remedy (payment of a sum to acknowledge the injustice caused); changes to procedures; staff training; or other remedial action. It cannot impose fines or remove a home's registration — that is the CQC's role. However, most councils and care providers act on LGSCO recommendations.
When should I contact the police rather than just reporting to the care home?
Contact the police directly — call 999 if there is immediate danger, or 101 for non-urgent matters — if you believe a criminal offence has taken place. This includes physical assault, sexual abuse, theft, financial fraud, or any situation where a vulnerable person has been harmed or is at serious risk. Do not wait for the care home to investigate first where a crime is suspected. You can report to both the police and the council safeguarding team simultaneously.
What is a section 42 safeguarding enquiry and who triggers it?
A section 42 enquiry is a formal safeguarding investigation required under the Care Act 2014 when the council has reasonable cause to suspect that an adult in its area with care and support needs is experiencing or at risk of abuse or neglect. The council (not the care home) leads the enquiry. It can be triggered by a report from any person — a family member, a health professional, a member of the public, or the individual themselves. The enquiry should establish what has happened and what action is needed to protect the person and prevent recurrence.

What to do next

  1. 1
    Complain to the LGSCO

    Submit a complaint to the Local Government and Social Care Ombudsman.

  2. 2
  3. 3

Official bodies and resources

Care Quality Commission

Regulator

The independent regulator of health and adult social care in England, inspecting and rating care services.

Local Government and Social Care Ombudsman

Ombudsman

Investigates complaints about councils, social care providers, and some other public bodies in England.

Age UK

Charity

The country's leading charity dedicated to helping everyone make the most of later life, providing advice, support, and companionship.

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.