If a nursing or care home failed to provide a reasonable standard of care and a resident was harmed as a result, the resident or their family can claim compensation. Common grounds include preventable falls, medication errors, untreated pressure sores, malnutrition and abuse or neglect. Care homes in England must meet CQC standards. You or a family member can claim on behalf of a resident who lacks capacity, and you normally have three years to bring a claim.
Placing a loved one in a care home involves a huge amount of trust. When that trust is broken by negligence — a preventable fall that breaks a hip, pressure sores that develop because staff failed to reposition the resident, medication mix-ups, or outright abuse — the consequences can be devastating. UK law provides a clear right to claim compensation, whether the care home is privately run or operated by the local authority. This guide explains the legal framework and how to take action.
Common grounds for a claim
| Type of failure | Examples |
|---|---|
| Falls | Failure to risk-assess, missing bed rails, slippery floors, inadequate supervision |
| Pressure sores | Not repositioning immobile residents, failure to use pressure-relieving equipment |
| Medication errors | Wrong drug, wrong dose, missed doses, failure to monitor side effects |
| Malnutrition and dehydration | Not assisting with eating and drinking, not monitoring weight loss |
| Abuse | Physical, emotional, sexual or financial abuse by staff or other residents |
| Infections | Poor hygiene, failure to manage wound care, inadequate infection control |
CQC regulation and standards
In England, care homes must be registered with the Care Quality Commission (CQC) and meet fundamental standards set out in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. These cover safety, staffing, dignity, nutrition and premises. A poor CQC inspection rating, enforcement notices or a history of concerns can support a negligence claim by showing a pattern of substandard care. You can report concerns to the CQC, but the CQC does not investigate individual complaints or award compensation — that requires a solicitor.
How much compensation?
The Judicial College Guidelines (JCG), 17th edition (April 2024), value the injury. Nursing home negligence claims often involve elderly and frail claimants, where even a seemingly moderate injury has severe consequences. Representative brackets:
| Injury | Guideline bracket |
|---|---|
| Hip fracture in an elderly person, impaired mobility | £16,770 – £44,740 |
| Severe pressure sores requiring prolonged treatment | £10,820 – £21,040 |
| Moderate physical and psychological harm from neglect | £6,580 – £23,720 |
| Severe injury with loss of independence | Significantly higher, case-specific |
Special damages cover additional care costs, private treatment, and (in fatal cases) funeral expenses and dependency. See hip injury claims, fatal accident claims and how compensation works.
Claiming on behalf of a resident
- Resident with capacity. The resident brings the claim themselves with a solicitor.
- Resident who lacks capacity. A family member or other suitable person acts as a litigation friend under the Court of Protection rules. There is no limitation period while the person lacks capacity.
- Deceased resident. The estate can claim under the Law Reform (Miscellaneous Provisions) Act 1934, and dependants can claim under the Fatal Accidents Act 1976. The limitation period is three years from the date of death.
Time limits
Three years from the date the harm occurred or was first discovered (Limitation Act 1980, section 14). Where the resident lacks mental capacity, time does not run. See our time limits guide.
Getting help
We are not a law firm. For a solicitor experienced in care home negligence, use the SRA register or the Law Society "Find a Solicitor" service. Action against Medical Accidents (AvMA) supports victims of clinical negligence, and your local authority safeguarding team handles concerns about abuse.
Frequently asked questions
Can I claim compensation for nursing home negligence?
Yes. If a care home failed in its duty to provide a reasonable standard of care and a resident was harmed as a result, the resident or their family can claim compensation. Common grounds include preventable falls, medication errors, untreated pressure sores, malnutrition, dehydration and abuse or neglect. The care home owes a duty of care both in contract and under the law of negligence.
Can I claim on behalf of a relative in a care home?
Yes. If the resident lacks the mental capacity to bring a claim themselves, a family member or other suitable person can act as their litigation friend. If the resident has died as a result of the negligence, their estate or dependants may be able to bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976.
What is the role of the CQC?
The Care Quality Commission (CQC) is the independent regulator of health and social care services in England. It inspects care homes and publishes ratings. A poor CQC rating or a history of enforcement action can support a negligence claim by showing a pattern of substandard care. You can also report concerns about a care home to the CQC, though the CQC does not investigate individual complaints or award compensation.
How long do I have to claim for nursing home negligence?
Three years from the date the negligence caused harm, or from the date the harm was first discovered or should reasonably have been discovered (Limitation Act 1980 section 14). For residents who lack mental capacity, the three-year clock does not start until capacity is recovered, if ever. If the resident has died, the estate has three years from the date of death.
What are common signs of nursing home negligence?
Warning signs include unexplained injuries or bruising, frequent falls, untreated or worsening pressure sores, significant weight loss or dehydration, poor hygiene, medication errors, residents being left in soiled clothing, and unexplained changes in mood or behaviour that may indicate abuse or neglect.
Should I report concerns to the CQC or go straight to a solicitor?
You can do both. Reporting to the CQC helps protect current residents and may trigger an inspection or enforcement action. But the CQC does not award compensation, so if you want financial redress for harm already caused, you also need to consult a solicitor. The care home's complaints procedure and local authority safeguarding are additional routes.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- Care Quality Commission (CQC) — care home inspection reports and ratings
- Action against Medical Accidents (AvMA) — clinical negligence charity
- Local authority safeguarding team — report abuse or neglect concerns
Related guides: medical negligence claims, prescription error claims, fatal accident claims, how to make a claim and no win, no fee explained.