What to do if a care home closes or asks you to leave

There are different reasons why a care home may have to close permanently. It may be because the building’s facilities are outdated, for example, or for financial reasons. Most care home closures are planned and you will be consulted and informed well in advance. 

Closing a care home at short notice is rare. We cover both situations in brief but, for more advice, call our Helpline on 0800 319 6789.

If the council is paying some or all your care home fees

The council must find another place for residents who are forced to move if a care home closes.

Before you move into a care home, the council should assess you to find out what your needs are and which qualify for support (your eligible needs). You should also have a care plan saying what type of accommodation is best for meeting those needs – for example, a care home or a nursing home.

If your home is due to close, the council is still responsible for your care. They must review your care plan and find another home which meets your needs. The council must consider your mental wellbeing – such as the need to be close to friends and family – as well as your physical health. You can ask the council to involve someone else in this review too, such as a friend or relative.

You can also choose another care home yourself, as long as it suits your needs and doesn’t cost more than the council has agreed to spend. If you do choose a more expensive care home, you can ask someone else to top up the difference. 

If you pay all your care home fees

Start by checking the terms of your contract to see what it says about ending the agreement or ‘service interruptions’.

You are still entitled to a care needs assessment to help decide what type of care home would be most suitable for you. The council may then provide a list of other homes in the area. You will usually be responsible for arranging to move to another care home unless there is no one to help you.

If you’re looking for a new care home, our webpage Choosing the right care home and our Retirement housing checklist may help. 

It’s rare that a major provider goes out of business, and it doesn’t automatically mean that all the care homes it runs will close. Sometimes their services will be taken over by another provider and it has little impact on the day-to-day care of the residents.

If a care home provider suddenly goes out of business, local councils have a temporary duty to meet the needs of all residents. This applies whether you or the council are paying the fees. Councils should make sure that the care of residents continues without any gap in services.

How they will help depends on your situation and if you have family or friends who can help you. It could mean they give you information on other homes, or they may arrange another care home place. They should try to provide you with a similar service as far as possible.

In England and Wales, if you’re getting NHS Continuing Healthcare – where the NHS pays all your fees – the NHS must arrange alternative accommodation for you. 

If your care home has to close temporarily – for example, because they do not have specialist staff – then the council may use their discretion to meet any urgent needs. Councils should consider each resident’s needs individually.

There can be different reasons why a care home might ask you to move out – for example:

• they say they can no longer meet your needs
• you have repeatedly not paid your fees and you owe a lot of money (you are in large arrears)
• you or a third party can no longer pay a top-up fee
• your behaviour has become disruptive and disturbing to other residents.

Every situation is different. If you’d like advice about your specific circumstances, call our Helpline to arrange to speak to an adviser. If you need support, you could also contact Care Rights UK.

In some cases, a care home may consider you – or a friend or relative – difficult and demanding for raising concerns about your care. However, the organisations that regulate care providers are clear that if you make a complaint:

• you must not be discriminated against, and
• your care must not be affected.

The first step is to find out why you’ve been asked to leave. Always ask for reasons in writing. This will help you to be clearer about what you’re dealing with. It may also help you to challenge the care home and/or the organisation making a financial contribution to your care if necessary. 

There are some important documents you should ask for and check.

Your contract with the care home

Check your contract to see what it says about having to move out, including any notice periods. If you’re paying all the fees yourself, you should have a copy of the contract you signed when you moved in.

If the council – or your local Integrated Care Board (ICB) in England or Local Health Board (LHB) in Wales – is paying towards your fees, you should have a copy of the terms and conditions they agreed with the care home. Ask them for a copy if you don’t have one.

Assessments and care plans

If you’re paying for your own care or receiving a contribution from the council, look at your most recent care needs assessment. This is a record from social services of what your needs are. If the council is contributing to your fees, you must also have a care and support plan saying how your care needs will be met.

If you’re receiving NHS Continuing Healthcare, look at your latest completed Decision Support Tool and care plan. If you don’t have a copy of these, request them from your ICB or LHB.

If you’re receiving Section 117 after-care, look at your most recent after-care plan. Speak to your NHS care coordinator or council social worker if you don’t have a copy.

You could also ask your care home for a copy of any care plans or records it has created while caring for you.

The care home’s statement of purpose

Every care home must produce a statement of purpose when it registers with the Care Quality Commission in England or the Care Inspectorate in Wales. In Scotland, this is called a statement of aims and objectives. This must include the services the care home provides and the types of needs they say they can meet. Ask the care home for a copy. 

The council still has responsibility for you if you’ve been assessed as having eligible needs. Check all relevant documents as soon as possible so you understand the situation and your rights. You may be able to challenge the decision if the care home should be able to meet your needs.

Depending on the situation and the timescales you may need to:

• ask for an urgent reassessment of your needs
• make a formal complaint – see our factsheet Complaints about social care services
• get specialist legal advice.

To get legal advice or find a solicitor, contact The Law Society or the Law Society of Scotland.

To find out whether you qualify for help with legal costs in England and Wales, contact Civil Legal Advice. In Scotland, find out if you qualify for advice and assistance.

You might be able to get free initial legal advice through a Law Works legal advice clinic or from the Disability Law Service.

If you’re in this situation:

• do not panic but do not delay dealing with the problem – you’ll have to act quite quickly
• ask the care home for reasons and get everything in writing
• gather the relevant paperwork and information
• call our Helpline to arrange to speak to an adviser.

You might still have to move out, but this may give you more time to make the right decision for you. If you have complex needs, it will take time to find the right place.