Care home closure: What rights do residents have?

When it comes to a care home closure, many people are left asking the same urgent questions: Can residents be forced to leave, how can a care home shut down happen, what happens when a care home closes and what are a care home resident’s rights? This guide explains everything you need to know including what legal protections residents have and how families can find safe, suitable alternatives.

Care home closures can be distressing, confusing, and overwhelming – especially for residents and their families who may already be dealing with mobility, or cognitive challenges. You may wonder how much notice must be given and who is responsible for finding new care?

At a glance

• Residents must be given notice before a care home closes and cannot be forced to leave without proper warning, except in emergencies.
• Local authorities have a duty of care, ensuring residents’ needs are reassessed and alternative care is arranged safely.
• Residents and families have the right to be involved in relocation decisions, with moves tailored to medical, emotional, and personal needs.

Why do care homes close?

Care home providers should try to prevent care homes closures if it is in the best interest of residents.

A care home closure may be unavoidable and/or in the best interests of residents.

Care homes may close for several reasons, including:

• Financial difficulties or insolvency.
• Failure to meet care regulator quality standards e.g. (England’s Care Quality Commission (CQC), Wales’ Care Inspectorate Wales (CIW), Scotland’s Care Inspectorate (CI), Northern Ireland’s Regulation and Quality Improvement Authority (RQIA), leading to regulatory action to protect residents from serious risks, including the closure of a care home.
• Staff shortages.
• Changes in ownership.
• Voluntary closure by the care home provider.
• Force majeure – an emergency situation such as infection control, flooding or fire.

Can a care home shut down suddenly?

Yes, a care home shut down can happen but only in exceptional circumstances such as serious safety risks. Even then, emergency support for residents must be put in place.

What rights do residents have in a care home if it closes?

Local authorities have a legal duty of care

If a resident’s care is funded or arranged by the local authority, the council has a legal responsibility to ensure care continues for people with care and support needs without interruption.

The local authority has duties under the Care Act 2014 in managing provider failure, where there is business failure, and services cease.

This includes:

• Carrying out a new care needs assessment.
• Helping to find alternative accommodation.
• Ensuring the new placement meets the resident’s care needs.

Even self-funding residents may be entitled to support if the closure places them at risk.

Do residents have the right to be involved in decisions?

Communications with residents, families, carers and staff should take place from the outset and throughout the closure process.

Residents and their families should be consulted throughout the process. Decisions about relocation should take into account:

• Medical needs.
• Emotional wellbeing.
• Proximity to family and friends.
• Cultural or religious preferences.

Moves should never be rushed or made without proper discussion wherever possible.

What should families do immediately after a care home closure is announced?

During a closure, having accurate, up-to-date information can make all the difference.

If you’ve been told a care home is closing, take these steps:

1. Ask for written notice and clarification on timescales.
2. Raise concerns early if the process feels rushed or unsafe.
3. Request a care reassessment from the local authority.
4. Gather medical records and care plans.
5. Start researching alternatives on carehome.co.uk.
6. Visit potential homes where possible.

Can residents challenge a care home closure?

While residents usually cannot prevent a closure, they can challenge how it is handled.

You may have grounds to complain if:

• Insufficient notice was given.
• The move caused avoidable harm or distress.
• Proper support was not provided.
• The new placement is unsuitable.

Complaints can be made to the care provider, local authority, or the Local Government and Social Care Ombudsman.

Can a resident be evicted from a care home without notice? 

Residents cannot be evicted without notice. Care home residents are legally entitled to reasonable notice before being required to move.

While the exact notice period may vary depending on contracts and circumstances, providers are expected to give at least 28 days’ written notice, unless there is an immediate risk to safety.

In emergencies, such as sudden care home shut down due to serious safeguarding concerns, local authorities must step in to protect residents.

What happens when a care home closes: Personal belongings and care plans

One the subject of what happens when a care home closes, here are :

• Care home residents’ care records must be safely transferred to the new care provider.
• Personal belongings must be returned intact.
• Medication and treatment plans should continue without disruption.
• Any loss or damage may be grounds for a complaint or compensation.

Here is a guide to care home closures and how they can be done in a way that can improve outcomes, based on research by the University of Birmingham.

What can impact where a resident is transferred? 

The transfer of residents to alternative care facilities is determined by the individual’s assessed needs and the availability of an alternative place in the local market at a cost that is affordable by the commissioner(s) or self-funding resident.

It is important that residents and carers are supported to choose an appropriate home, recognising that in some circumstances there may be unavoidable restrictions.

Do residents have to pay for relocation?

Generally, relocation costs should not fall on residents if the closure is not their fault – particularly for council-funded placements.

What if the new care home is worse?

Residents have the right to raise concerns and request alternative options if the placement does not meet their assessed needs.

How to find a new care home quickly and safely

One of the biggest concerns during a care home closure is finding a suitable alternative fast.

Care home closures are never easy, but residents do have rights and families do not have to navigate the process alone. With the right information, proper support from local authorities, and platforms like carehome.co.uk, it is possible to find safe, high-quality care even during uncertain times.

If you’re facing a care home closure, start your search early and make informed decisions. Families can compare and choose care on carehome.co.uk.

You can search by location, care type, and funding options, read verified reviews from residents and relatives, compare care regulator ratings in one place and contact care homes directly.

FAQs