Your rights
You have rights when you are using care services, whether in your own home, or in a care setting such as a care home. These rights, sometimes called human rights, are protected by law.
Your legal rights set out the way you should be treated and the service you should receive. If you are treated badly by care services, you (or your representative) can use your legal rights to talk to care staff to find a solution. Below we have explained some of your key rights when using care services, who has duties to uphold your rights and what you can do if your rights are breached.
_
This content is for Northern Ireland. Visit Get support for information for other parts of the UK.
Choice, control and consent
You have a right to control over your own life and body and to participate in decisions about your care and treatment. This is sometimes called having autonomy.
Accessing care services, including moving into a care home, should be about enabling your autonomy. Your care provider must not only respect your right to autonomy but support it.
This is your care. Your wishes, likes and dislikes are central to your care. It is essential that you and/or your representative are involved in and agree to your care plan, and that it is regularly reviewed with you. This should not just be a record about what you cannot do but should reflect what you wish to achieve and the help you need to do this.
Your right to autonomy includes:
Being spoken to and treated with respect and involved in your care
Supporting your choices and decisions, including your right to make unwise decisions
Supporting your involvement in your community
Seeking your consent for your care and treatment
If you are assessed as lacking capacity to make a decision, the provider must seek the consent of your representative, such as your Attorney for Health and Welfare (if you have appointed one), before changing or making care decisions. The provider must also ensure decisions are in your best interests and are the least restrictive option.
Your choice, control and consent are protected by the following laws:
Your autonomy and your right to participate in decisions about your care are protected as part of the right to private life (Article 8 of the Human Rights Act 1998)
Care providers must support your autonomy and independence (Standard 4, Department of Health NI Care Standards for Nursing Homes, December 2022)
Care providers must assume you have capacity to make a decision unless it is proved otherwise and must seek to support you to make your own decisions wherever possible (Standard 3, Department of Health NI Care Standards for Nursing Homes, December 2022)
Care providers must also support care users to make decisions (Section 5, Mental Capacity Act (Northern Ireland) 2016)
Care providers must collaborate with you or your representative to plan, agree and review your personalised care, and ensure your care plan is properly documented (Standard 4, Department of Health NI Care Standards for Nursing Homes, December 2022)
Care providers must seek your consent in a way that you are able to understand. If you are unable to give consent then they must either seek consent from your legal representative or carrying out a best interests decision in line with the Mental Capacity Act (Northern Ireland) 2016 and the Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019 (Standard 3, Department of Health NI Care Standards for Nursing Homes, December 2022)
‘This is your care. Your wishes, likes and dislikes are central to your care.’
Any restrictions on your right to autonomy must be for a legitimate reason, such as to protect you from harm, and must be a necessary and proportionate response. Before imposing any restrictions, the provider must carry out an assessment in consultation with you and your representatives and demonstrate that they have considered alternative options and picked the one that interferes with your right the least.
Example from anonymous advice client:
A father enjoyed going to the pub with his son but was prevented from doing so after moving into the care home. After reminding the provider of their duty to respect his autonomy, the trips to the pub with his son were supported.
Dignity and safety
You have a right to be treated with dignity and respect. This means being treated as a person, not an object. You must never be treated in an inhuman or degrading way – there can be no excuse or justification for causing you serious harm.
Public officials, like social workers, GPs and care staff have a duty to act where they know (or should know) your dignity is at risk. This means care providers must protect you from serious harm, such as abuse or neglect, including from other people, such as your family or other residents, or yourself. This is sometimes called ‘safeguarding’.
This means protecting you from serious harm including:
Physical, mental or emotional abuse
Lack of care, treatment or medication leading to extreme or long periods of pain or suffering
Leaving you in your own body waste for long periods
Lack of food or fluids leading to malnutrition or dehydration
Use of excessive force to restrain you
Where you have been exposed to serious harm, the care provider has a duty to report this to the local authority’s Adult Social Care Safeguarding team and should let you or your representative know that they have done so.
‘You must never be treated in an inhuman or degrading way – there can be no excuse or justification for causing you serious harm.’
Your dignity is protected by the following laws:
Right to be free from inhuman or degrading treatment (Article 3 of the Human Rights Act 1998)
Care providers must treat you with dignity and respect (Standards 5, 6 and 18, Department of Health NI Care Standards for Nursing Homes, December 2022)
Care providers must safeguard you against abusive, harmful or neglectful care (Standard 13, Department of Health NI Care Standards for Nursing Homes, December 2022)
Example from anonymous advice client
A son became concerned about his father’s care after noticing he was not always getting his medication or appropriate diet, was becoming depressed and had a poor quality of life. The Care Rights UK adviceline supported the son to secure a review of his father’s needs and he was moved to a more appropriate setting.
Wellbeing
Supporting your wellbeing should be central to your care. Care should not be a list of tasks that you need help with, but a means of supporting you to sustain a quality of life.
Your care provider must be proactive as your needs change, ensuring that your care is reviewed with you and your representative, and that you have the support of any relevant professionals, such as an Occupational Therapist, or Speech and Language Therapist.
Your wellbeing is protected by the following laws:
Protecting physical and psychological wellbeing is part of the right to private life (Article 8 of the Human Rights Act 1998)
Care providers must provide you with safe care, including working with other professionals to ensure you have the support and care you need (Standard 13, Department of Health NI Care Standards for Nursing Homes, December 2022)
Care providers must deliver person-centred care (Standard 5, Department of Health NI Care Standards for Nursing Homes, December 2022)
Any restrictions on your right to wellbeing must be for a legitimate reason, such as to protect you from harm, and must be a necessary and proportionate response. Before imposing any restrictions, the provider must carry out an assessment in consultation with you and your representatives and demonstrate that they have considered alternative options and picked the one that interferes with your right the least.
Example from anonymous advice client:
Reena, a keen gardener, missed being able to go outside after moving into a secure upper floor in a care home as her dementia advanced. After her daughter raised this, the care home ensured that Reena was supported to go outside each day if she wished.
Life
Your life should not be put at risk through poor care decisions or neglect.
Your care provider must be proactive as your needs change, ensuring that your care is reviewed with you and your representative and that you have the support of any relevant professionals. Public officials, such as social workers, GPs and care staff have a duty to act where they know (or should know) your life is at risk. This can include a risk from other people, such as your family, or yourself. This is sometimes called ‘safeguarding’.
Your safety is protected by the following laws:
Right to life (Article 2 of the Human Rights Act 1998) Care providers must provide you with safe care, including assessing and mitigating risks to your health and safety, and ensuring staff are appropriately skilled and competent (Standard 13, Department of Health NI Care Standards for Nursing Homes, December 2022).
Care providers must actively monitor and mitigate risks to safeguard your health, safety and wellbeing (Standards 13 and 21, Department of Health NI Care Standards for Nursing Homes, December 2022).
Care providers must ensure that you are not subjected to abuse, neglect or improper treatment (Standard 13, Department of Health NI Care Standards for Nursing Homes, December 2022).
Example from anonymous advice client:
Sidney became concerned about the care of his mother, Beth, after finding her in pain from a rash around her legs, because she had been sitting for extended time in soiled clothing. After speaking to the Care Rights UK adviceline, he contacted the care home manager to arrange an urgent GP visit and review her care. Sidney agreed with the manager that they would alert the local safeguarding team. A higher level of support was agreed, and Beth recovered from her rash.
Family life
You should be supported to develop and maintain your relationships. This includes in the care setting and outside of it. If you are moving into a care setting, such as a care home, then ensuring that you are able maintain relationships is important. This includes ensuring that the care home location does not isolate you from the people important to you.
Your right to family life is protected by the following laws:
Right to family life (Article 8 of the Human Rights Act 1998)
Your right to spend time with people in a manner that you wish, both in and out of the home, should be supported (Standard 8, Department of Health NI Care Standards for Nursing Homes, December 2022)
Your relationships should be respected and your privacy maintained (Standards 5 and 6, Department of Health NI Care Standards for Nursing Homes, December 2022)
‘Any restrictions on your right to family life must be for a legitimate reason, such as to protect you from harm, and must be a necessary and proportionate response.’
Any restrictions on your right to family life must be for a legitimate reason, such as to protect you from harm, and must be a necessary and proportionate response. Before imposing any restrictions, the provider must carry out an assessment in consultation with you and your representatives and demonstrate that they have considered alternative options and picked the one that interferes with your right the least.
Example from anonymous advice client:
Mr Baker was discharged from hospital into a different care home miles from his wife, without consultation with her. Care Rights UK supported Mr and Mrs Baker to successfully challenge the placement, moving him back to his original home.
Privacy
Care providers have a legal duty to respect and protect your right to privacy and should take measures to do so. This includes:
Privacy when speaking to or seeing family and friends
Having your room door closed, and people requesting your consent before entering
Ensuring your personal care is carried out sensitively and in private and you are not left unnecessarily exposed
Not sharing private information about you unless required as part of your care
Not reading or opening your correspondence unless authorised to do so
Your privacy is protected by the following laws:
Right to private life (Article 8 of the Human Rights Act 1998)
Care providers must ensure your privacy (Standard 6, Department of Health NI Care Standards for Nursing Homes, December 2022)
You are entitled to information kept about you and can request this information through a Subject Access Request under the General Data Protection Regulation.
Any restrictions on your right to privacy must be for a legitimate reason, such as to protect you from harm or to protect the rights of other people, and must be a necessary and proportionate response. Before imposing any restrictions, the provider must carry out an assessment in consultation with you and your representatives, considering the risks to you of both not acting as well as the potential risks created through any proposed restrictions including the impact of the restrictions on your wellbeing. They must demonstrate that they have considered alternative options and picked the one that interferes with your right the least.
Example from anonymous advice client:
Mrs Butler rang the Care Rights UK adviceline, after finding her visits to her mother, Mrs Oak, in hospital, were sometimes being supervised by staff. After seeking advice, she reminded staff of her mother’s right to privacy when seeing family members, and the supervision was stopped.
Liberty
Your right to liberty is about protecting you from restrictions on your movement. For example, the use of tables or chairs to prevent you from getting up, the use of sedatives to control your behaviour, or being told you’re not allowed to leave a care setting when you haven’t been formally detained (such as under the Mental Health Act or Mental Capacity Act).
If you have been assessed as lacking capacity to make the decision about consenting to care or about leaving a care setting, and there is a concern about your safety, your right to liberty can be restricted. However, the correct legal process must be followed under the Mental Capacity Act or Mental Health Act. Any restriction on your movement must be justified and safeguards must be followed to ensure this is done fairly and your right to liberty respected as far as possible. You and/or your representative must be included in the process.
‘Joanne was unable to leave the care home as she was told that the wheelchair she relied on was for use in the care home only.’
Your liberty is protected by the following laws:
Right to liberty (Article 5 of the Human Rights Act 1998)
Safeguards to ensure that any restriction on your liberty is lawful (called Deprivation of Liberty Safeguards, or ‘DOLS’) under the Mental Capacity Act (Northern Ireland) 2016 and the Mental Capacity (Deprivation of Liberty) (No. 2) Regulations (Northern Ireland) 2019.
Example from anonymous advice client:
Joanne was unable to leave the care home as she was told that the wheelchair she relied on was for use in the care home only. After contacting the Care Rights UK adviceline, her daughter requested that the home make a referral to the Wheelchair Service. As a result, Joanne received her own wheelchair.
Fairness and equality
You have a right not to be discriminated against, including because of your age, disability, race, sex, religion/belief or sexual orientation.
Fairness and equality should not be confused with treating everyone the same. It may be appropriate and necessary to treat you differently because you are in a different situation to others. For instance, you may need support to wear and keep safe aids, such as glasses, hearing aids, or your dentures, so you are able to see and engage in activities, communicate or eat.
‘Fairness and equality should not be confused with treating everyone the same. It may be appropriate and necesssary to treat you differently because you are in a different situation to others.’
Your right to be free from discrimination is protected by Article 14 of the Human Rights Act 1998.
Example from anonymous advice client:
A person living in care was left unable to hear when the loss of their hearing aids went unreported and not acted upon by staff until raised by a relative. The delay undermined their ability to make care choices, socialise and their ability to continue to use hearing aids.
Who has duties to uphold my human rights?
Public authorities have a legal duty to uphold your rights in everything that they do. This includes Health and Social Care trust staff, the police etc. Private companies and charities delivering care services have a legal duty to uphold your rights where your care is arranged or paid for (in any part) by a Health and Social Care trust.
If you are not sure whether your care provider has a duty to uphold your rights and you are concerned your rights are being interfered with, you should contact someone working in a public authority like a social worker, your GP, your council, the Regulation and Quality Improvement Authority (RQIA) or (for serious concerns) safeguarding team, police, or other emergency services. Once they know your rights are at risk, they have a duty to act and take steps to protect your rights. You can contact the Care Rights UK adviceline if you need support.
What can I do if my rights are being breached?
If you think your rights are not being upheld, you can raise this directly with your care provider, speaking to them about whether they are meeting their legal duty to respect and protect your rights.
You can make reference to the specific right and the laws which protect it, as outlined above, and work with them to find a solution. If that doesn’t work, you can escalate your concern by speaking to someone in a public authority like a social worker or your GP, who have a duty to act once they know your rights are at risk. You can also report your concerns about poor care to the regulator, the Regulation and Quality Improvement Authority, outlining which of the regulations above are at risk of being breached. If you need support, contact the Care Rights UK adviceline.
‘If you think your rights are not being upheld, you can raise this directly with your care provider.’
Case studies about ‘Your rights’
Need some help?
Get independent, expert advice from our helpline. It’s free.*
*Paid for by the generosity of our supporters.