Find out if you can make a claim against a council-run care home if you or a relative has been injured due to care home negligence.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Making a Claim Against a Council-Run Care Home
Council-run care homes owe residents a legal duty to provide safe, comfortable and personalised care. When this care falls below a reasonable standard and results in avoidable harm, it may be possible to make a claim against the council running the care home.
Claims against council-run care homes often involve scenarios such as falls, neglect, poor supervision, medication errors or failures in basic care. These can lead to various injuries, including pressure sores, fractures, head injuries, sprains, infections and dislocated joints.
To find out if you may have a valid claim, call 0800 470 0472 today for a free consultation with a specialist solicitor or use our online contact form to request a call back.
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Can I make a claim against a council-run care home?
Yes. If you or a loved one has been harmed due to negligence in a care home, you may be able to make a claim against your council.
Before taking on your case, a personal injury solicitor will verify whether:
- The council-run care home owed a legal duty of care.
- That duty was breached through negligent care.
- The breach caused avoidable harm or the worsening of a condition.
- You are within the legal time limit for starting a claim.
A care home claim can be made by the resident themselves, a family member, or a legal representative.
What is the difference between a council-run, council-commissioned, and private care home?
The main differences between council-run, council-commissioned, and private care homes lie in ownership, funding, and potential liability in the event of accidents or injuries to residents.
- Council-run care homes are owned and operated by the local authority, which is responsible for staffing and daily care.
- Council-commissioned care homes are run by a private or voluntary organisation but are funded by the local council, which may still have oversight duties and may share liability if negligence occurs.
- Private care homes are owned and run for profit by private companies or individuals and are typically funded privately or through local authority arrangements.
Identifying the right defendant is a key early step in every claim, as this could be the council, a private provider, or both.
What is the duty of care in council-run care homes?
Council-run care homes owe residents a legal duty to provide care that meets the requirements of the Health and Social Care Act 2008 and the Care Quality Commission (CQC) regulatory standards.
This means that councils must ensure the well-being of residents, protect them from harm and abuse, provide suitable facilities and manage their medicines safely.
Key aspects of the duty of care of council-run care homes include:
- Protecting residents from abuse (physical, psychological, sexual and financial) and neglect.
- Carrying out regular risk assessments to identify hazards that could cause harm.
- Providing adequate nutrition, hydration, and hygiene support.
- Ensuring the safe administration of medication and access to medical care.
- Hiring staff with the appropriate skill, knowledge and training to provide safe care.
- Tailoring care to individual needs and treating residents with respect.
- Maintaining accurate care plans and medical records.
If the care home does not meet these duties and an injury occurs, it may be possible to bring a negligence claim against the council.
Common examples of negligence in council care homes
Negligence in council-run and council-commissioned care homes is often the result of failing to provide a reasonable standard of care, understaffing, inadequate training, or failure to follow safety protocols.
The most common examples of situations that could give rise to a negligence claim include:
- Pressure sores, a common sign of neglect and failure to regularly reposition bedridden residents.
- Malnutrition and dehydration from failing to ensure residents eat or drink enough.
- Slips, trips and falls caused by a lack of supervision or unsafe premises.
- Medication errors, such as administering the wrong medication, the wrong dosage or failing to administer medication.
- Failure to manage medical conditions, such as diabetes complications or infections.
- Failure to monitor health conditions and report new symptoms or changes in behaviour.
How do I make a claim for a council-run care home injury?
If you or a loved one were injured in a council-run care home, the steps to make a claim for the pain, suffering and financial losses incurred as a result are:
- Seek medical attention. Ensure that your injuries are properly assessed, treated and recorded for future proof of harm.
- Report the incident. Notify the care home management about the incident and request that it be recorded in their accident book.
- Gather evidence. Collect as much evidence as possible related to the incident, such as photos, medical records, witness statements, CCTV footage and a diary of symptoms.
- Formal complaint. Make a formal complaint with the council using their online procedures or escalate the issue to the Local Government and Social Care Ombudsman.
- Seek legal advice. Contact a personal injury solicitor specialising in care home negligence to evaluate your case and eligibility to make a claim.
- Start the claim. Your solicitor will send a formal letter of claim to the council outlining what happened, the injuries sustained, and the compensation sought.
- Negotiations or court proceedings. Most claims are settled through negotiations, but your solicitor will be ready to issue court proceedings if liability is denied.
Evidence needed to support a council care home claim
Making a successful claim against a council-run care home involves proving that the council breached its duty of care, how the accident happened, and the harm suffered as a result.
The key types of supporting evidence include:
- Medical records from the GP or hospital detailing the type and extent of the harm suffered.
- Independent medical assessments confirming the injuries and the likely cause of harm.
- Photographs of visible injuries such as pressure sores, unsafe conditions, and the accident scene.
- CCTV footage from communal areas showing an incident taking place or negligent care.
- Incident reports made with the care home or formal complaints to the council.
- Statements from other residents, visitors or staff who observed the poor care, neglect or abuse.
- Care plans detailing the claimant’s needs, medication schedule, mobility issues and any other risks and requirements.
- Medication records showing missed or incorrect doses or a failure to monitor side effects.
- Financial records proving related losses and expenses or financial abuse.
Acting quickly can help prevent crucial evidence, such as CCTV footage or witness statements, from being lost, destroyed or overwritten.
How to obtain CQC inspection reports to support your claim
Care Quality Commission (CQC) inspection reports can serve as key evidence when making a claim against a council-run care home. These can highlight patterns of poor care, substandard conditions or safety breaches that can help support your case.
You can obtain these reports by searching for a care home on the official CQC website. Care homes are rated as outstanding, good, requires improvement or inadequate under categories such as safe, effective, caring, responsive, and well-led. CQC reports may help support allegations of negligence by identifying regulatory breaches or patterns of concern.
You can ask for care plans and safeguarding records by submitting a written subject access request (SAR) under data protection law. You can also submit a Freedom of Information (FOI) request to obtain inspection and maintenance reports from the council.
How can the Local Government Ombudsman help with a claim?
The Local Government and Social Care Ombudsman investigates complaints related to council-run care homes. If you complain to the Ombudsman, they can:
- Provide a free investigation of individual complaints.
- Review records such as care plans and safeguarding reports, and identify systemic issues.
- Identify failings in the council’s handling of care complaints and services.
You can usually go to the Ombudsman if you have already complained to the council or care home and are not satisfied with their final response, generally within 12 months of becoming aware of the issue.
What is the time limit to make a claim against a council-run care home?
In most cases, the time limit to make a care home negligence claim is three years under the Limitation Act 1980, starting from:
- The date of injury or negligence.
- The date the harm was discovered (date of knowledge).
Exceptions include:
- For children, the 3-year period only begins to run on their 18th birthday, meaning a suitable adult could make a child injury claim at any time before that.
- If the injured resident lacks mental capacity, the limitation period is suspended while they lack capacity.
- If a loved one passed away due to neglect or a care home accident, the 3-year time limit generally runs from the date of death or the date of knowledge of the personal representative.
Because claims against council care homes can be complex, it is important to get early legal advice. This will also make it easier to access crucial documents and ensure evidence is readily available.
How much compensation could be awarded for a care home injury?
Compensation for a care home injury depends on the severity of the harm, its long-term impact, and the related financial consequences. A successful claim will usually cover two types of damages:
- General damages for physical pain, psychological injuries and loss of amenity.
- Special damages for private medical care, rehabilitation, medical aids and other financial impacts.
General damages are assessed by referring to the 18th Edition of the Judicial College Guidelines. Typically, the more severe the injury, the higher the compensation award. For example:
| Injury Type | Description | Compensation |
|---|---|---|
| Brain Damage | Brain damage causing severe physical and cognitive disability, full-time nursing care and significantly reduced life expectancy | £373,000 - £534,000 |
| Back Injuries | A severe back injury with spinal cord and nerve root damage, causing pain, disability and bladder, bowel and sexual impairment | £120,000 - £213,000 |
| Hip And Pelvis Injuries | A significant hip or pelvis injury with minor permanent symptoms or disability | £35,000 - £52,000 |
| Wrist Injuries | A wrist injury causing some permanent disability, such as ongoing pain and stiffness | £17,000 - £32,000 |
| Shoulder Injuries | A moderate shoulder injury with limited movement and discomfort for more than two years | £10,000 - £17,000 |
| Hand Injuries | A minor hand injury recovering within six months, such as fractures | Up to £6,300 |
You can learn more about your compensation prospects by using our online compensation calculator or during a free consultation with a legal adviser.
Can I make a claim on behalf of a resident who lacks mental capacity?
Yes, you can claim compensation for a resident who lacks mental capacity and is unable to conduct legal proceedings themselves by acting as a litigation friend on their behalf.
This is common in care home claims on behalf of residents suffering from:
- Dementia
- Alzheimer’s disease
- Severe learning disabilities
- Brain injuries
As a litigation friend, you must act in the claimant’s best interests, make fair and informed decisions about the case and have no conflict of interest with them (for example, you cannot represent them if you are a care home staff member).
Any settlement accepted by the litigation friend must be approved by the court. Depending on the circumstances, the compensation may be managed through the Court of Protection, a deputyship arrangement or a personal injury trust.
Making a no win no fee claim against a council-run care home
Claims against council-run care homes are usually handled on a no win no fee basis. This means you do not need to pay any upfront legal fees.
If you win the claim, a success fee capped at 25% is deducted from your compensation for past financial losses and the injury itself. If you lose, you won’t pay your solicitor a single penny.
Call 0800 470 0472 or request a call back to start your claim today or receive free advice on your legal options.
