Equality and diversity in care homes: rights and what good looks like

Care homes in England must not discriminate against residents because of a protected characteristic, and must treat everyone with dignity and respect. The Equality Act 2010 protects nine characteristics, including age, disability, race, religion or belief and sexual orientation, and the CQC regulations require providers to have due regard to them in the care they give.

At a glance

• The Equality Act 2010 lists nine protected characteristics and bans most discrimination, harassment and victimisation by service providers.
• Regulation 10 requires due regard to protected characteristics. Regulation 13 treats discrimination as improper treatment. Regulation 14 covers food needs linked to religion or culture.
• Disabled residents are entitled to reasonable adjustments, and publicly funded services must follow the Accessible Information Standard.
• Discriminatory abuse is one of ten types of abuse and neglect recognised in Care Act statutory guidance.
• The Equality Act applies in full in England and Wales and in most of Scotland. Northern Ireland has separate equality law.

What do equality and diversity mean in a care home?

Equality means every resident is treated fairly and is not disadvantaged because of who they are. Diversity means recognising that residents differ in culture, faith, background, identity, ability and life experience, and that those differences should be understood and respected rather than ignored. Inclusion is the day-to-day result: residents feel they belong and can live as themselves.

For care workers, the Care Certificate includes a standard on equality, diversity, inclusion and human rights. It asks workers to understand protected characteristics, bias and discrimination, to provide culturally appropriate care, and to recognise, challenge and report discrimination under their employer’s policies.

It is closely linked to person-centred care. Treating every resident the same is not the aim. The aim is to give each person the support that fits them.

What does the law require?

The nine protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Protection can also extend to people associated with someone who has certain protected characteristics, such as a family member.

Human rights protections apply to private homes as well as council-run ones where public money is involved. Under section 73 of the Care Act 2014, a registered provider is treated as exercising a function of a public nature for the purposes of the Human Rights Act when care in residential accommodation is arranged or paid for, wholly or partly, by a listed public authority. That provision came into force on 1 April 2015. Our guide to dignity in personal care covers the practical side.

What does good practice look like for each characteristic?

The Equality and Human Rights Commission (EHRC) gives practical examples, such as quiet spaces for people with sensory needs, interpreters and accessible information for disabled people, and anti-harassment policies in care home contracts that cover racist or homophobic abuse. The table adds what families can reasonably look for.

What are reasonable adjustments and accessible information?

For disabled residents, the Equality Act requires reasonable adjustments in three areas: changing policies or ways of working that put someone at a substantial disadvantage, changing physical features, and providing auxiliary aids and services. Where information is involved, reasonable steps include making it available in an accessible format. A provider cannot generally require the disabled person to pay for the adjustment.

Separately, the Accessible Information Standard requires all organisations that provide publicly funded NHS care or adult social care to make sure that disabled people and people with impairments or sensory loss can access and understand information and receive the communication support they need. In a care home that might mean large print menus, a hearing loop, or care plans in easy-read.

Communication needs are central for people with dementia. See Alzheimer’s communication tips.

What should you look for when choosing a home?

• Does the home ask about faith, culture, language, relationships and identity before admission, and does the care plan record the answers?
• Can the home meet religious or cultural food needs, and can it support practices such as prayer, fasting or festivals?
• Does the equality or anti-harassment policy cover residents, visitors and staff, and what happens when a resident makes a discriminatory remark to another resident?
• Do staff have training on equality, diversity and inclusion, and is there evidence of it in use rather than only on a certificate?
• Are there accessible rooms, signage, and communication support for residents with sensory loss or learning disability?
• Does the contract make clear that discrimination and harassment are not tolerated?

Our questions to ask when visiting a care home and care home contracts guide help you check these points. Read the latest CQC inspection report for what inspectors found on caring and responsive care.

What can you do if a resident is treated unfairly?

1. Raise it with the care manager, in writing if possible, and describe what happened and how it affected the person.
2. Use the provider’s formal complaints procedure if it is not resolved. Our guide to how to complain about a care home explains each stage.
3. If the care is council-arranged or the matter involves abuse or neglect, contact the council’s adult safeguarding team. Discriminatory abuse is one of the ten types of abuse and neglect in Care Act statutory guidance.
4. Contact the Local Government and Social Care Ombudsman if you remain unhappy after the complaints process.
5. Consider an independent advocate if the resident cannot easily speak up for themselves. See what advocacy in social care is.

Speak to a solicitor or a specialist advice charity if you are considering a discrimination claim, as time limits and legal tests apply.

Frequently asked questions

What are the protected characteristics in care?

They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The Equality Act 2010 protects people from discrimination because of them.

Can a care home refuse someone because of their religion or sexuality?

No. Under the Equality Act a service provider must not refuse a service or treat someone worse because of a protected characteristic. A home may decide it cannot meet a person’s care needs, but it cannot refuse someone because of a protected characteristic.

Do care homes have to provide religious or cultural food?

Regulation 14 requires providers to meet reasonable food and drink needs arising from a person’s preferences, religion or culture. Ask the home how it does this in practice, including for festivals and fasting.

What is a reasonable adjustment in a care home?

It is a change that removes a disadvantage for a disabled person, such as accessible information, a hearing loop, altered routines or adapted equipment. The provider cannot generally charge the disabled person for the adjustment.

Does the Equality Act apply in Northern Ireland?

Only partly. The Act extends in full to England and Wales and to most of Scotland, but only three provisions extend to Northern Ireland, which has its own equality legislation. Check local rules with the relevant authority.

Where to get help next

If you are looking for a home that fits a specific faith, culture or identity, start with faith and LGBT-friendly care homes and how to choose a care home, then use our care finder. The wider values behind good care are covered in the 6 Cs of care.

Sources

• legislation.gov.uk: Equality Act 2010, Part 2 Chapter 1, protected characteristics
• legislation.gov.uk: Equality Act 2010, section 29
• legislation.gov.uk: Regulation 10, Dignity and respect
• legislation.gov.uk: Regulation 13, Safeguarding
• Equality and Human Rights Commission: Equality and human rights in social care
• NHS England: Accessible Information Standard

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.