How to complain about a care home in Wales

Making a complaint

If you or a loved one are living in a care home in Wales, it is your right to make a complaint if you feel like there is something wrong with the care being given.

In a situation where you have concerns with the service you or your loved one receives at a care home, such as neglect or mistreatment, you should not be afraid to speak to someone about it.

The best thing to do first is to speak to staff involved or the care home’s manager as the vast majority of issues can be resolved this way as mistakes and misunderstandings happen.

For incidents of criminal activity, contact the police.

Below is a general guide that you may find helpful if you are unsure about how to complain about a care home in Wales.

Complaining about a care home in Wales

Making a complaint can feel like a big step. Remember that the welfare of you or your loved one is the most important thing. If you have any concerns you should not be afraid to make them known.

In Wales, each service provider will have their own complaints procedure and should have this readily available for you. This will tell you what to do and who to talk to.

There are multiple ways to make a complaint. You can talk to the relevant person face to face, make your complaint over the phone, by email or letter. The best thing to do is talk to the provider first. Below you will find advice on what to include in your complaint.

If your service is provided or funded by a local authority, you can complain directly to the authority or the company that delivers the service on behalf of the local authority.

This could be in situations where you, for example, live in a care home run by the local council or receive care services in a private setting but they are commissioned by a local authority. They will have their own complaints form which you can request.

Care Inspectorate Wales

Care Inspectorate Wales, regulator of social care in Wales, welcomes complaints. But they are legally unable to investigate and resolve individual complaints or disputes between you and your service provider. However, they may take your concerns into account as part of their inspection process.

Raising awareness

The truth is that if the care home’s staff or manager are unaware of the issue, they won’t be able to fix it. So the first thing to do is to always talk to the assigned care worker or the manager to give them a chance to make it right.

Doing this usually resolves the problem as the role of care homes is to take care of their residents to the best of their abilities and fulfil any need each individual may have.

When you raise your concern with the care home, agree a timeframe in which the problem should be solved to ensure action is taken.

If the care service is provided by the NHS, contact your local NHS Trust.

Mental Health Act complaints

If you believe the care service has not carried out care in accordance to the Mental Health Act Code of Practice, you should first raise your concerns with the provider.

If you need support, you can contact an Independent Mental Health Advocate for specialist advice.

They can help you understand your or your loved one’s right under the Mental Health Act and why certain decisions have been taken by the provider.

They can also help you express your views about the care and treatment you receive, as well as offering support by accompanying you to meetings with the provider.

If you are unhappy with the outcome, the next step is to contact the Healthcare Inspectorate Wales. This monitors the use of the Mental Health Act and protects people whose rights are restricted under it.

If your loved one is refusing care

Be mindful that your loved one may be refusing care. In this case the care home is unable to fulfil their duties which could be the cause of the problem.

Before you make your complaint, check that this is not the case. If it is, discuss with staff and/or the care home manager to find a solution.

If your loved one is refusing care, this should be recorded in the daily report sheets.

Writing a complaint about a care home in Wales

When writing a complaint about a care home in Wales, you should include as much detail as you can about the problem. You should include who is involved, when it happened and what you think should be done. Making a timeline of events can be helpful.

Keeping accurate records is a great help, including notes from meetings and phone calls, as you can refer back to these when making your complaint or use them as evidence if required.

Your complaint should include:

• An outline of the problem and how it affects you or your loved one
• Names and roles of any staff involved
• When and where the issue arose or if it is ongoing
• What actions you have taken to resolve the situation
• What outcome you want from your complaint
• Records and documents that strengthen your complaint

If you are unhappy with the response

If you are still unhappy following the care provider or local authority’s efforts to resolve the issue, you can contact the Public Service Ombudsman for Wales.

They investigate complaints about a wide range of issues, including:

• Self-funded care – personal and nursing care services provided by a care home to an adult who pays for their own care.
• Domiciliary care – personal care provided in people’s homes, which they pay for themselves.
• Independent palliative care services – hospice and community palliative services if they have received public funding for at least three years before the incident or issue.

They can also look into care services provided by public bodies, such as the NHS or your local council.

If the service provider had the right to make and reached the decision you are unhappy about properly, the ombudsman cannot investigate your complaint.