How to Change Care Homes: Moving a Relative to a New Home

There is no single legal notice period for moving a relative to another care home: the care home contract sets it, so read the notice clause first. Then choose and assess the new home, agree a move date and tell the council if it funds the place. Council-funded residents can choose between suitable, available homes that fit their personal budget.

At a glance

• The notice a resident gives is set by the contract. Under the Consumer Rights Act 2015, an unfair term is not binding on the consumer.
• A council-funded resident can choose between suitable, available homes that cost no more than the personal budget, including homes outside the council’s area (Care Act statutory guidance, Annex A).
• If a home asks someone to leave, CMA guidance says it should give valid reasons and at least 28 days’ written notice.
• If a provider cannot carry on because of business failure, the council has a temporary duty to meet care needs, whether or not the resident pays their own fees.
• CQC guidance expects risks to be assessed when someone moves between providers.

Why do families move a relative to another care home?

Common reasons include care needs that have outgrown the home, worries about the quality of care, a change in who pays, a home that is too far for visits, or a closure. Moving is a big upheaval, so it is worth ruling out fixable problems first.

If the worry is about standards of care, raise it with the manager and use the home’s complaints procedure before deciding. Our guides on how to complain about a care home and on what to do when a relative is unhappy in a care home cover that stage.

How do you change care homes step by step?

1. Confirm who decides and who pays. If the resident has mental capacity, the decision is theirs. If they lack capacity for this decision, it must be made under the Mental Capacity Act 2005, usually as a best interests decision involving family and professionals.
2. Check the current contract. Look at the notice period, what fees apply while it runs, and what happens to any deposit or advance payment. Our care home contracts guide explains common clauses.
3. Tell the funder early. If the council arranges or part-pays for the place, ask for a review of the care plan before any move, because the council must be involved in choosing the new placement.
4. Shortlist and visit. Use how to choose a care home and the questions to ask when visiting a care home. Ask each home for its fees, its contract and whether it offers a trial period.
5. Let the new home assess needs. A good home will not offer a room until it has assessed whether it can meet them. See care home pre-admission assessment.
6. Agree a move date that lines up with the notice period, in writing, and plan the move using the checklist for moving into a care home.

How much notice do you have to give, and what does the contract say?

For self-funders, the contract is a consumer contract, and the Competition and Markets Authority (CMA) has said terms must be written clearly and agreed fairly. The CMA’s guide for residents says unfair terms are not valid, and gives examples of terms that may be unfair, such as hidden terms, unexpected fee changes and upfront payments that are not a fair deposit or an advance payment of regular fees.

The CMA guide does not set a standard notice period for a resident who wants to leave, so the figure in your contract applies unless the clause is unfair or unclear. Ask the home to confirm in writing the last day fees are due, what is refundable and when. If a term looks unreasonable, the Citizens Advice consumer helpline (03454 04 05 06) can advise, and it can pass information to Trading Standards.

On changes during a stay, the CMA guide says residents should usually get at least 28 days’ notice of changes to the contract terms or the service, and should be able to leave without penalty before a change takes effect. It sets no notice period for fee rises as such, but says the contract must clearly explain when and how fees may change, and that an unlimited right to raise fees or unexpected fee changes is likely to be unfair. Our fee increase dispute letter may help, and the notice to leave a care home letter sets out a written notice.

What rights do council-funded residents have to choose a new home?

Where the council is responsible for meeting a person’s needs and has decided a care home is the right type of accommodation, the person has a right to choose between providers of that type. The Care Act statutory guidance (Annex A) says the council must provide the preferred home provided that it:

• is suitable for the person’s assessed needs;
• would not cost the council more than the amount in the personal budget for that type of accommodation;
• is available; and
• is willing to contract with the council at the personal budget rate on the council’s terms.

The guidance says the choice must not be restricted to homes the council already uses or to homes inside its boundary. If a choice cannot be met, the council must explain why in writing and offer suitable alternatives. The rules also cover self-funders who are on the verge of needing council support.

The guidance also says a top-up must never be demanded because the council has failed to find an affordable option. See our guides to care home top-up fees and choosing a care home when the council pays. Wales, Scotland and Northern Ireland have their own social care legislation, so ask the local council or Health and Social Care Trust how choice works there.

How can you protect your relative’s wellbeing during the move?

CQC guidance on safe care says appropriate risk assessments must be carried out when people move between providers, and that arrangements should support people during the transition. Useful steps include:

• Share the current care plan, medication record, risk assessments and any life story or preferences document with the new home.
• Visit the new home together beforehand, ideally more than once, and meet the key staff.
• Bring familiar items. Our what to pack for a care home and make a care home room feel like home guides help.
• Ask the new home when it will review the care plan after your relative arrives, as CQC guidance says assessments should be reviewed when people transfer between services.

If the move is to a different area, also read moving to a care home in a different area, as the responsible council and GP may change.

What if the home closes or asks your relative to leave?

The CMA guide says a home should explain upfront the reasons it might ask a resident to leave, and these must be valid, for example that it can no longer meet the person’s needs even after reasonable adjustments, or that there are large arrears after repeated non-payment. It should consult the resident, anyone supporting them and other relevant professionals first, and give at least 28 days’ written notice. Staff must not threaten to ask someone to leave because they complained. More detail is in can a care home ask a resident to leave.

If a provider can no longer carry on because of business failure, the Care Act places a temporary duty on the council to meet the care needs of everyone affected. The statutory guidance says this applies whether or not the council has a contract with the provider and whether or not residents pay their own fees, and that missing assessments must not delay action. For closures of other kinds, the council has a power to step in where needs are urgent. See when a care home closes.

Who do you need to tell when someone changes care home?

The council, the GP, the pharmacy that supplies medicines, the Department for Work and Pensions and the bank are the main ones, plus family members and any attorney. The full list is in who to inform when moving into a care home.

Frequently asked questions

How much notice do I have to give a care home?

It depends on the contract, as no single legal period applies to a resident leaving. Check the notice clause and ask the home to confirm the last chargeable day in writing. If the clause seems unfair, Citizens Advice can help.

Can a care home stop my relative moving out?

A resident with capacity decides where to live, and contract terms mainly affect fees. If they lack capacity, the move must follow the Mental Capacity Act 2005, which usually means a best interests decision involving family and professionals. Speak to the council if there is a disagreement.

Will the council pay for a more expensive home?

Only up to the personal budget. A dearer home is possible if a third party, or in limited cases the resident, agrees in writing to pay the difference as a top-up. A top-up must not be asked for because no affordable option was found.

Can a care home ask my relative to leave after a complaint?

No. The CMA guide says staff must not threaten to restrict visitors or ask someone to leave because they complained. CMA guidance says a home should only ask a resident to leave for valid reasons set out in the contract, should consult them and others supporting them first, and should give at least 28 days’ written notice.

What happens if my relative’s care home closes suddenly?

If it closes because of business failure, the council has a temporary duty to meet the care needs of those affected, including self-funders. It should act promptly and cannot wait for needs or financial assessments before helping.

Where to get help next

Search homes near you on find care, compare costs with the care cost calculator and read care home fees explained before you sign a new contract. If the council funds the place, ask its adult social care team for a care plan review before giving notice.

Sources

• Competition and Markets Authority: Care homes, consumer rights for residents and their families
• GOV.UK: Care and support statutory guidance (chapter 5 and Annex A)
• Care Quality Commission: Regulation 12, Safe care and treatment
• NHS: Care homes, social care and support guide
• legislation.gov.uk: Consumer Rights Act 2015, section 62

See also: New care homes: how to find ones opening near you

Reviewed by The Care Panel team on 9 November 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.