The law on care & nursing home abuse and neglect

When things go wrong it can be difficult to know what to do and where to turn for help and advice. The law however is on the side of the person in care. Care homes and nursing homes have a duty of care to all residents to make sure that they remain safe, comfortable and unharmed whilst in their care.

If an elderly person has been harmed, physically or mentally as a result of neglect or abuse by a care or nursing home, the resident or their family may be entitled to seek compensation, irrespective of  whether the care or nursing home operate in the public or private sector.

Care and nursing homes have come under public scrutiny in recent years due to well publicised reports of poor standards of care, negligence and abuse. Thankfully the majority of care and nursing homes in the UK provide an excellent level of care.

However there are a number of operators who fall short of the standards of care expected. This can lead to elderly residents suffering neglect or abuse.

Signs of Abuse or Neglect …

Many clients have advised us in the past that they had an inner suspicion something wasn’t quite right but others remained completely unaware until their family member showed physical signs of neglect.

There are a number of issues that may be a cause for concern, including:

> Unusual changes in behaviour – we all have our own character traits, any sudden changes, such as your family member becoming withdrawn may be a reason to raise concern.

> Health related problems – particularly the presence of bed or pressure sores and loss of weight.

> Poor personal hygiene – a strong smell of urine can be an indication that basic needs are not being met.

> Dehydration – there is a correlation between lack of fluids and recurring urinary tract infections (UTI). Carers need to ensure enough liquids are being taken and make them available to residents. Failures such as these are unacceptable. 

> Medication – certain medicines need to be taken at the same time each day. Do the medical charts/records show this is adhered to? Are residents actually receiving their medication? Any changes in conditions could be caused by an overdose or failure to receive medication.

> Secure Access – there may be a risk that vulnerable residents wander away from the premises and suffer harm. Lack of security on entrance/exit points increases the chances of this happening.

> Accidents – can and do happen in residential care homes. They may occur as a result of poor lighting, slippery floors or unsafe furniture but they can also be caused by carelessness or poor training on the part of the care home staff.

> Injuries – the sudden appearance of bruising, cuts, grazes, which look unlikely to be the result of a fall or an accident are the most obvious signs of physical abuse.

What to do if you believe somebody is suffering neglect or abuse in a care or nursing home

Notifying the Care Quality Commission

The Care Quality Commission monitor, inspect and regulate care & nursing home services to make sure they meet fundamental standards of quality and safety. They regularly inspect and investigate individual care and nursing home providers to ensure they are up to scratch and take action if issues are found. 

We can advise you, as to whether it necessary to report the abuse or neglect to the Care Quality Commission in England or the Care and Social Services Inspectorate in Wales.

Depending on the nature and seriousness of the neglect or abuse, these organisations may decide to undertake an inspection and their investigations could uncover problems of more widespread abuse at the nursing or care home.

Although individual instances of abuse are not investigated as a matter of course, your report could lead to a routine inspection of the care or nursing home being brought forward or a more in-depth inspection taking place.

The Local Council may also be brought into the fold as a result because they have an interest in the welfare of people placed in the home on a care placement. In some cases, it has been known for the Local Council to withdraw these care placements, leading to care home closures.