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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Care Home and Social Care Abuse Claims

England & WalesLast reviewed 18 September 2026

Abuse or neglect of an adult in a care home or by a carer should be reported urgently to protect the person, and can also support a compensation claim against the care provider. Local authorities have a statutory duty to make enquiries where an adult with care needs is at risk.

Protecting the Person First

Direct Answer: If you suspect abuse, contact the care provider and the local authority's safeguarding team and, for a regulated service, the Care Quality Commission; in an emergency call the police or 999.

Under section 42 of the Care Act 2014, where a local authority has reasonable cause to suspect an adult with care needs is experiencing or at risk of abuse or neglect and cannot protect themselves, it must make enquiries and decide what action is needed. Keep a record of what you have seen, dates, names and any injuries, and photograph injuries if you can do so safely.

Compensation Claims

A civil claim can be brought against the care provider, which is liable for its staff's abuse or neglect through vicarious liability or its own failings, for example poor recruitment, training, staffing or supervision. Where the resident lacks mental capacity, a litigation friend can bring the claim, and time does not run while they lack capacity. If the resident has died, the estate may be able to claim, and there may be separate claims where the death was caused by the abuse or neglect.

Abuse, Neglect and Accidents

Care settings can give rise to different kinds of claim. Deliberate mistreatment and serious neglect are covered here. Falls and equipment failures are covered in our care home accident claims guide, and poor clinical or nursing care such as pressure sores may be clinical negligence.

You do not have to decide about a legal claim before getting support. Specialist survivor services can help confidentially with counselling, practical needs and understanding your options, whatever you decide.

Frequently Asked Questions

Who do I report care home abuse to?

The care provider, the local authority safeguarding team, and the Care Quality Commission, and the police if a crime may have been committed. In an emergency call 999.

Can I claim compensation for a relative abused in a care home?

Potentially, against the care provider, by a litigation friend if the person lacks capacity, or by the estate if they have died. The claim depends on evidence of what happened and who was responsible.

What counts as abuse or neglect?

Physical, psychological, sexual and financial abuse, and neglect such as failing to provide food, hygiene or medical care. Councils use these categories in safeguarding enquiries.

What if the resident lacks mental capacity?

A litigation friend can bring a claim on their behalf, and the normal limitation period does not run while they lack capacity.

How is this different from a care home accident claim?

Abuse claims concern mistreatment or serious neglect, while accident claims concern falls and injuries from unsafe premises or equipment. They can overlap, and a solicitor can advise on the best framing.

Can an abuse claim be brought on a no win no fee basis?

Often, yes, where there is a defendant, such as an insured institution, that can be sued and the claim has reasonable prospects. Under a Conditional Fee Agreement you pay no solicitor fees if the claim fails, and QOCS normally protects you from the other side's costs. A success fee capped at 25% of general damages and past losses is deducted if it succeeds.

You May Also Be Interested In

Abuse Claims

The full abuse claims overview

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Care Home Accident Claims

Falls and physical accidents in care

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Institutional Abuse & Vicarious Liability

Claims against schools, churches and care providers

Read more

Historic Abuse Claims

Claims for abuse long ago, and time limits

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PTSD & Psychological Injury Claims

Psychiatric injury compensation

Read more

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.28 (extension for disability)

    Time does not run while a person is a child or lacks capacity to conduct proceedings. For a child's personal injury claim the three years generally starts on their 18th birthday.

  7. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  8. Care Act 2014, s.42 (enquiry by local authority)

    Where a local authority has reasonable cause to suspect an adult with care needs is experiencing, or at risk of, abuse or neglect and unable to protect themselves, it must make enquiries and decide what action is needed.

  9. Mental Capacity Act 2005

    Governs decision-making for people who lack capacity, including who can bring a legal claim on their behalf as a litigation friend. Time limits do not run against a person who lacks capacity.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.