The health and social care system can feel overwhelming, especially when you are trying to arrange urgent support for yourself or someone you love.
Understanding your rights can help you ask the right questions, take part in important decisions and challenge situations where the correct process may not have been followed.
England and Wales Have Different Care Systems
Adult social care is governed by different legislation in England and Wales:
• England: the Care Act 2014
• Wales: the Social Services and Well-being (Wales) Act 2014
Although the processes and terminology are not identical, both systems are intended to promote wellbeing, involve people in decisions and identify the support they may need.
You Have the Right to a Needs Assessment
You can ask your local authority to assess your care and support needs.
The assessment should consider:
• What help you need with everyday life
• The effect your needs have on your wellbeing
• What you want to achieve
• What support may help you remain safe and independent
• Whether an unpaid carer is supporting you
A needs assessment should not be refused simply because you have savings, own a home or may be expected to pay for your care. Your care needs should be considered before your finances.
You Have the Right to Clear Information
Local authorities must make information and advice available about care and support.
This should help you understand matters such as:
• What services are available
• How to request an assessment
• How eligibility is decided
• How care may be funded
• What you could be expected to pay
• Where to find independent support and advice
Information should be communicated in a way that you can understand. Ask for a written explanation if a decision or process is unclear.
You Should Be Involved in Your Care Planning
If an assessment identifies eligible needs that the local authority must meet, a care and support plan should explain how those needs will be addressed.
You should be involved in developing the plan. It should consider what matters to you rather than simply listing the tasks you cannot complete.
Ask for a copy of your assessment and care plan, and check that they accurately reflect your needs, wishes and desired outcomes.
You May Be Entitled to an Independent Advocate
Some people find it difficult to understand information, communicate their views or take part fully in assessments and care planning.
In England, the local authority may be required to arrange an independent advocate where someone would otherwise have substantial difficulty participating and there is no suitable person available to support them. Wales also has statutory advocacy arrangements to help eligible people engage with social services processes.
An advocate can help you:
• Understand the process
• Express your views and wishes
• Prepare for meetings
• Ask questions
• Challenge information that appears incorrect
You Have Financial Protections
Where a local authority is considering charging for care, it will normally complete a financial assessment.
This looks at relevant income, savings and assets to calculate what the person may be expected to contribute. Different rules and thresholds apply in England and Wales, and the calculation also depends on whether care is received at home or in a care home.
The assessment should apply the appropriate protections so that the person is not left without the minimum amount required under the relevant rules.
Always ask for:
• A written breakdown of the calculation
• Details of the income and assets included
• An explanation of any property decision
• Information about how to request a review
What About Life-Sustaining Treatment?
You do not have to be the person receiving care to ask for support.
If you regularly care for a relative, partner or friend, you can request a carer’s assessment. This should consider how caring affects your physical health, emotional wellbeing, employment, relationships and everyday life.
Carers in both England and Wales have rights to have their own support needs assessed, separately from the needs of the person they care for.
Your Rights When Using NHS Services
In England, the NHS Constitution brings together important patient rights and NHS commitments. These include receiving care according to clinical need, being treated with dignity and respect, being involved in decisions and receiving information that supports informed choices.
NHS Wales operates under separate Welsh legislation, policies and quality arrangements, but people should similarly be treated with dignity, listened to and involved in decisions about their care.
What Can You Do When Something Goes Wrong?
You have the right to raise a concern or make a complaint about the care or treatment you receive.
For NHS services in England, a complaint should be acknowledged within three working days and properly investigated. You should also be told how it will be handled and when you can expect a response.
For concerns raised about NHS Wales services from 1 April 2026, the Listening to People process applies. It places greater emphasis on early resolution, compassionate communication, clear explanations, advocacy and keeping people informed throughout an investigation.
Social care complaints are handled through the relevant local authority’s complaints procedure. Ask for the procedure in writing and keep copies of all correspondence, assessments and decisions.
How to Protect Your Rights
When dealing with health or social care services:
• Ask for assessments rather than relying on informal conversations
• Request decisions and reasons in writing
• Keep copies of emails, letters, care records and meeting notes
• Correct inaccurate information as early as possible
• Ask what legislation, guidance or eligibility criteria were used
• Take someone with you to important meetings
• Request advocacy support where appropriate
• Challenge decisions you believe are incorrect
The system can be complicated, but you do not have to accept a decision simply because it has been made. You can ask questions, request clarification and use the relevant review or complaints process.
This article provides general information rather than legal advice. Health and social care rights, procedures and eligibility criteria differ between England and Wales and may change over time.
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