When a Care Home Asks Someone to Leave: Your Rights and What to Do Next

Few things are as frightening as being told a care home can no longer keep your loved one. It often comes just as everyone was starting to settle. Families tell us it's one of the things nobody warns them could happen. If it's happening to you, take a breath: you have rights, and there are steps you can take.

Why Homes Give Notice

The most common reasons are that the home feels it can no longer meet someone's needs safely (for example, if behaviour has changed or nursing care is now needed), unpaid fees, or a breakdown in the relationship with the home. A care home's contract should set out, from the start, the reasons it might ask someone to leave.

Your Rights

Guidance from the Competition and Markets Authority applies to care homes for older people across the UK, whether residents pay for themselves or are council-funded. It says the home should:

• Consult first. They shouldn't ask someone to leave without first talking to them, the people supporting them (usually you), and relevant professionals.
• Give at least 28 days' written notice. Verbal notice isn't enough. During a trial period the notice can be shorter, but it must still give time to make other arrangements.
• Have a valid reason that matches the contract, and explain it.
• Allow it to be reviewed or appealed.
• Refund any fees paid in advance beyond the notice period.

What to Do Straight Away

• Ask for the reasons in writing, and a copy of the contract terms they're relying on.
• Ask what would need to change for them to stay. Sometimes notice is given because the home needs more support or funding, such as extra one-to-one care. That might be solvable.
• Contact the council's adult social care team, especially if they fund the place. They have a duty to meet eligible needs and may reassess. If you self-fund, you can still ask for a needs assessment.
• Check for treatable causes. If behaviour has changed suddenly, ask the GP to check for pain, infection or medication effects. Our sudden change checker can help.

The Bit Nobody Warns You About

A notice to leave can feel like a verdict on your loved one, or on you. It isn't. Sometimes it really does mean this home isn't the right fit any more, and a home that specialises in their needs may suit them better. Our guide on why not every care home can meet every need explains the different types.

If a Move Does Happen

• Visit the new home with their care plan and a short note about them: routines, likes, what calms them.
• Ask for a handover between the two homes, including medication.
• Expect a settling-in period all over again, and be gentle with yourself. Our settling-in guide applies just as much the second time.

If you're choosing to move them yourself, check the notice period in your contract, which is often 28 days.

Where to Get Help

• The home's own complaints procedure first.
• In England, the Local Government and Social Care Ombudsman looks at complaints about care homes, whether the place is council-funded or self-funded.
• The Citizens Advice consumer service, if you think the home isn't treating you fairly.
• Our guide on escalating a care home complaint.