It’s important to know your rights and find out how to make a complaint about care provided at home, in a care home, in hospital, or a care product you’ve bought.
What’s in this guide
- Your rights to acceptable care standards
- The role of the UK’s care quality commissions
- How do I complain?
- Should I keep paying for a care product or service I’m not happy with?
- Getting help and advice to complain
- Complaining about NHS healthcare
- Complaining about care products
- Complaining about financial care products
Your rights to acceptable care standards
Did you know?
You have the right to complain about any aspect of NHS care, treatment or services.
Care homes and home care are regulated:
- in England, by the Care Quality Commission
- in Scotland, by the Care Inspectorate
- in Wales, by the Care Inspectorate Wales
- in Northern Ireland, by the Regulation and Quality Improvement Authority
They’re all responsible for ensuring the care you receive, whether it’s provided at home or in a care home, meets national minimum standards.
These standards aren’t just guidelines – providers have a legal obligation to make sure you’re safe, comfortable and treated with respect.
And if things go wrong, you have a legal right to complain.
The role of the UK’s care quality commissions
In England, Wales and Northern Ireland, regulatory bodies are responsible for checking that every registered care provider meets important standards of quality and safety.
But their duties don’t include dealing with individual complaints about providers’ services.
However, the Care Inspectorate in Scotland will investigate complaints against providers, and has the power to enforce recommendations or even revoke a provider’s operating licence.
How do I complain?
Getting started
You can clear up a lot of problems by having an informal chat with a member of staff or the manager of the care home or service.
But if that doesn’t get a result, or if the member of staff or manager is the problem, you’ll need to make a formal complaint.
By law, all registered health and social care service providers must have a complaints procedure that you can ask to see.
They should have explained to you when you moved in or took up the service.
Ask for a copy of the provider’s complaints policy so you know what to do.
Complaining to your local council
If your local council pays for all or some of your care, and you’re not satisfied with the response from your care provider, complain through the local council’s social services department.
They’ll investigate the complaint and take any appropriate actions. If you’re unhappy with the outcome, you can take it to the Ombudsman.
Complaints if you fund your own care
If you fund and arrange your own care you should take your complaint directly to the Local Government Ombudsman and/or the Health Service Ombudsman. But only after your care provider has been given a reasonable opportunity to put matters right.
Complaints to the Ombudsman
In England, the Local Government Ombudsman should be your first port of call if you feel you need to elevate a complaint made to your local authority about residential or nursing care.
Find out more on the Local Government & Social Care Ombudsman website.
The Health Service Ombudsman can only consider complaints about the NHS.
In Scotland, contact the Scottish Public Service Ombudsman
In Wales, contact the Public Services Ombudsman for Wales
In Northern Ireland, contact the Northern Ireland Ombudsman
Legal proceedings
If you think your case involves criminal negligence or fraud, you need to speak to a solicitor.
And if you believe there are serious criminal acts taking place, contact the police. For example, physical abuse, theft or other forms of criminal activity.
Should I keep paying for a care product or service I’m not happy with?
Don’t withhold payment for a care product or service without first getting professional advice about your rights and responsibilities.
Contact your local council – if they run the care home.
In England and Wales, find your local council on the GOV.UK website
In Scotland, find your local council on the mygov.scot website
In Northern Ireland, find your local council on the nidirect website
Or get advice from your local Citizens Advice.
Find your nearest branch on the Citizens Advice website
Getting help and advice to complain
Top tip
Keep copies of any emails and letters you send. And make sure you use recorded delivery for anything you post.
It’s a good idea to ask a friend or relative to help with your complaint. Especially if it involves a face-to-face meeting with a manager of the care home or service you’re complaining about.
You can also get advice from:
- Citizens Advice
- charities or support organisations, such as Age UK
- Hourglass – the UK-wide charity for stopping the harm and abuse of older people
Complaining about NHS healthcare
You have the right to make a complaint about any aspect of NHS care, treatment or service – this is written into the NHS Constitution.
If you’re not happy with an NHS service, it’s usually a good idea to discuss your concerns early on with the service provider. They might be able to sort the issue out quickly.
If you’re not satisfied with their response you can make a complaint. Find out how to complain where you live:
- England – see the NHS website
- Northern Ireland – see the nidirect website
- Scotland – see the mygov.scot website
- Wales – see the Health in Wales website
It’s often helpful to talk to someone who understands the complaints process first, to get some guidance and support. You’ll find a Patient Advice and Liaison Service (PALS) in most hospitals.
Regulatory bodies
The NHS is regulated:
- in England, by the Care Quality Commission
- in Scotland, by the Healthcare Improvement Scotland
- in Wales, by the Healthcare Inspectorate Wales
- in Northern Ireland, by the Regulation and Quality Improvement Authority
Complaining about care products
When you buy something, the law gives you certain rights that protect you if it’s faulty or not fit for purpose. This includes equipment or aids to help with mobility or daily tasks.
If your local authority arranged for, and bought, a care product for you – report it to them and they should replace it.
If you bought a care product from a retailer, ask them for a refund or replacement.
If you’re not happy with the result, contact your local Citizens Advice for help to take matters further.
Find your nearest branch on the Citizens Advice website
If you bought a product or service with a credit card, and the retailer is being difficult, contact your card provider to see what they can do.
Complaining about financial care products
1. If you’ve bought a financial product to pay for your care and you’re not satisfied with the service, ask for a copy of the company’s complaints procedure. Then launch an official complaint with them. Firms regulated by the Financial Conduct Authority (FCA) are legally obliged to have one.
Find out more on the FCA website
2. If you’re not happy with the result, contact the Financial Ombudsman Service to complain.
3. If the Financial Ombudsman Service has considered your complaint and you’re still unhappy, you can take the matter to court. However, bear in mind that in most cases the court is likely to agree with the Financial Ombudsman Service’s decision. And it could be a long and expensive process.
