Your Rights in Care
Your legal rights when receiving care at home or in a care home — including the right to assessment, choice, information and complaint.
Key Facts
- You have the right to a free care needs assessment from the council
- You can choose which care provider you use (within the council's budget)
- Care providers must be registered with CQC and meet fundamental standards
- You have the right to see your care plan and be involved in decisions
- You can complain to the council, the care provider, the CQC or the Ombudsman
- Your human rights apply in care settings under the Human Rights Act 1998
The Right to Assessment
Under the Care Act 2014, any adult in England who appears to have care and support needs has the right to a needs assessment from their local council — regardless of their financial situation. The assessment must be carried out by a qualified professional and must consider your wellbeing, not just your care tasks.
The Right to Choose
If you are receiving council-funded care, you have the right to choose which provider delivers your care — as long as your chosen provider is within the council's 'usual cost' for such services. If you want a more expensive provider, a third party can top up the difference. You can also use direct payments to make completely independent choices.
The Right to Complain
If you are unhappy with your care, you can complain to the care provider directly, to the commissioning council, to the CQC (who can investigate the provider's standards), or to the Local Government and Social Care Ombudsman (who handles council complaints). Ask for a copy of the provider's complaints procedure — they are legally required to have one.