The care home didn't tell us: what you can do
Last checked 17 October 2026. Written by MyCirCall.
The short answer: In England, a care home must be open with the resident about their care, and after an unexpected incident that causes serious harm, which can include a fall, it must tell the resident, or whoever lawfully acts for them if they have died or lack capacity, as soon as reasonably practicable. It doesn't have to ring every relative: a resident who has capacity decides who is told, and in one case the Ombudsman found no legal requirement to contact more than one family member. If it has gone wrong, raise it with the manager, use the complaints route if you need to, and agree in writing who the home rings next time.
Start with what the home was expected to do
Finding out late that a parent fell or went into hospital is upsetting. Before you complain, check what the rules ask of a care home, and which contact details it had.
The duty of candour
Every care home registered with the Care Quality Commission (CQC) has a duty of candour, under Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. CQC calls it a general duty to be open and transparent with people receiving care.
A stricter process applies to a "notifiable safety incident": something unintended or unexpected during the care that, in a health care professional's reasonable opinion, caused or needs treatment to prevent outcomes such as death, an impairment lasting at least 28 days, or prolonged pain or psychological harm. CQC says an unwitnessed fall in a care home can qualify if those thresholds are met.
When it applies, the home must, as soon as reasonably practicable, tell the "relevant person" in person, give a true account, apologise, explain what it will look into, follow up in writing and keep a record. CQC tells providers that saying sorry is not admitting fault.
What the duty doesn't require
- It is owed to the resident. For an adult, someone else becomes the relevant person only if the resident has died or lacks capacity for the matter, and then it's a person lawfully acting for them.
- If the relevant person consents, CQC expects family and carers to be involved in the discussions. That isn't a duty to ring every relative.
- Near misses, and incidents below the harm thresholds, aren't notifiable, although the duty to be open still applies.
- If the relevant person can't be contacted, the home must record its attempts.
Who decides who is told
A resident who can make the decision chooses who hears about their health and care. NHS England guidance on sharing information with family carers says professionals need the person's explicit consent, and if they don't want it shared, their wishes are respected. The Mental Capacity Act says to assume a person has capacity unless it's proved otherwise, and capacity can differ from one decision to the next.
If a resident lacks capacity, information may be shared with carers in their best interests, unless they made clear while they had capacity that they wanted it withheld. Being listed as "next of kin" has no legal status while someone is alive.
A health and welfare lasting power of attorney (LPA) does give authority. It lets an attorney make decisions about things like daily routine, medical care and moving into a care home, but only when the person can't decide themselves. If one exists, tell the home. Making one needs capacity, and registering costs £92 unless a reduction or exemption applies.
One call can be enough
In a December 2021 decision (21 004 861), the Local Government and Social Care Ombudsman looked at a home that didn't reach a resident's daughter when he died. Staff tried the two mobile numbers on file, which differed from the number she later gave the Ombudsman, and reached her sister. The Ombudsman found no fault: there was "no legal or other requirement for the Care Home to contact more than one family member". It shows how much depends on the numbers the home holds.
How to raise it
- Talk to the manager. Ask what happened, and who was called on which number.
- If that doesn't settle it, complain in writing. By law every care service must have a complaints procedure you can ask to see. Write "complaint" at the top, then say what went wrong, how it affected you and what you want done. Keep notes of calls, with names.
- Go to the council if it arranged or pays for the care. You can complain to the council too.
- Then the Ombudsman. The Local Government and Social Care Ombudsman is free and covers privately funded care. You usually need to finish the home's or council's process first, or have had no reply in a reasonable time, which it puts at up to 16 weeks in most cases. It can't normally look at a complaint made more than 12 months after you first knew about the problem. You can complain for someone else with their permission or a legal right to act for them. Call 0300 061 0614.
- Tell CQC. CQC doesn't settle individual complaints, but what you tell it helps protect others. Use Give feedback on care on its website, or call 03000 616161.
For free advice, call the Age UK Advice Line on 0800 678 1602, 8am to 7pm, every day.
Stopping it happening again
- Agree who is rung, in what order, and for what: a fall, a hospital trip, a change in health. Include your parent if they can take part: it's their choice. CQC says that in a good care home, family are involved in the care plan where appropriate. Ask for the agreement to be noted on their record.
- Name a back-up. Ask what staff do when the first person doesn't answer, and give a second number.
- Agree who passes news on. The home may reasonably ring one person, so decide who tells the rest. Our guide on sharing the calls between brothers and sisters covers this.
- Keep numbers current. When a number changes, tell the home in writing and ask them to confirm.
- Save the home's number. On an iPhone, Screen Unknown Callers can screen calls from unsaved numbers, or silence them to voicemail. Apple suggests saving important numbers so you see those calls.
- Check it at each review. CQC says care plans should include an agreed review date.
Wales, Scotland and Northern Ireland
In Wales, raise concerns with the home, then Care Inspectorate Wales; the Public Services Ombudsman for Wales covers self-funded care homes. In Scotland, the Care Inspectorate takes complaints about registered care services, and the Scottish Public Services Ombudsman is the final stage for public services. In Northern Ireland, Age NI suggests the home, then the Health and Social Care Trust, then the Northern Ireland Public Services Ombudsman.
Where MyCirCall fits
If the home tends to ring one family number, that number can be a MyCirCall Number. When the home calls it, your mobile and the phones of the small circle of people you trust ring at the same time, and whoever answers first and presses 5 takes the call. It doesn't change who your parent has agreed the home may tell, and it can't make anyone answer. It works alongside the free steps above.
MyCirCall is not an emergency service. In an emergency, always call 999 or 112.
Sources
- Care Quality Commission, Regulation 20: Duty of candour (page last updated 16 May 2025)
- Care Quality Commission, Notifiable safety incidents (guidance updated 30 June 2022)
- Care Quality Commission, What you must do when you discover a notifiable safety incident (guidance updated 30 June 2022)
- legislation.gov.uk, The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, regulation 20: Duty of candour
- Care Quality Commission, Regulation 9: Person-centred care
- Care Quality Commission, What can you expect from a good care home? (page last updated 2 June 2023)
- Care Quality Commission, What to expect from a good care service (page last updated 12 February 2026)
- Care Quality Commission, Complain about an adult social care service (page last updated 12 May 2022)
- Care Quality Commission, Complain about a service or provider (page last updated 28 January 2026)
- Care Quality Commission, Contact us
- Local Government and Social Care Ombudsman, Leicestershire County Council (21 004 861) (decision date 21 December 2021)
- Local Government and Social Care Ombudsman, How to Complain
- Local Government and Social Care Ombudsman, Top tips for making a complaint about care providers (June 2025)
- Local Government and Social Care Ombudsman, Contact us
- NHS England Digital, Sharing information with unpaid carers (last edited 7 May 2026)
- NHS, Mental Capacity Act: Social care and support guide
- National Mental Capacity Forum (leaflet hosted by Chelsea and Westminster Hospital NHS Foundation Trust), Next of Kin: Understanding decision making authorities (May 2016)
- GOV.UK, Make, register or end a lasting power of attorney
- Age UK, How to make a complaint about a care home (last updated 29 July 2026)
- Apple Support, Manage unknown callers on iPhone (published 17 September 2026)
- Care Inspectorate Wales, Provide feedback or raise a concern about care services
- Public Services Ombudsman for Wales, Complaints about independent care providers
- Care Inspectorate (Scotland), Make a complaint about a registered care service
- Scottish Public Services Ombudsman, Home
- Age NI, Problems with a care home (last updated 13 March 2025)
- Northern Ireland Public Services Ombudsman, Home
Sources checked on 17 October 2026. Each organisation's own guidance can change, so check with your school, care home or hospital for how they work.
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