Home care contracts: what to check before you sign

A home care contract sets out what care you will get, what it costs and what happens when things change. Before you sign, check the full price list (including weekends and bank holidays), how you are charged for short or cancelled visits, the notice period to end the contract, and what happens if visits are missed. A CQC-registered provider must give you its terms and conditions, including fees, in writing before care starts.

At a glance

• CQC rules require providers to give a written statement of terms and fees before care begins, and a written estimate if they cannot give a fixed price (CQC Regulation 19).
• Check every rate: weekday, weekend (often 10–25% more), bank holidays (often time-and-a-half) and short visits.
• Look for clear rules on cancellations, notice periods, hospital stays and price rises.
• Consumer law, including the Consumer Rights Act 2015, requires contract terms to be fair and transparent.
• If the council arranges your care, your contract may be with the council, not the agency. Ask who you are contracting with.

Who is the contract with?

This affects your rights and who you complain to.

• Private (self-funded) care: the contract is usually between the agency and the person receiving care, or someone signing for them.
• Council-arranged care: the council usually contracts with the agency. You may still get a service agreement from the agency, and a separate charging letter from the council.
• Direct payments: you use council money to buy care, so you sign the agency’s contract yourself. See our guide to direct payments for home care.

Also check whether the business is a managed agency or an introductory agency. A managed agency employs and supervises carers and must register with the Care Quality Commission (CQC) if it provides personal care. An introductory agency only introduces self-employed carers. It may not need to register, and you may take on employer-type responsibilities. Our guides to managed vs introductory care agencies and introductory agency vs managed care explain the difference.

What does the law say about home care contracts?

CQC Regulation 19 (fees). A registered provider must give people who pay for their care a statement of the terms and conditions, “including as to the amount and method of payment of fees.” CQC guidance says people must get a written copy of the terms they must agree to before care begins, and a written estimate of costs if a fixed price cannot be given (CQC).

Consumer law. When you buy care privately, you are a consumer. The Consumer Rights Act 2015 says unfair terms are not binding on consumers, and terms must be transparent. The Competition and Markets Authority (CMA) publishes guidance on unfair contract terms (GOV.UK, CMA37). The CMA has also taken action on unfair terms in care home contracts, and its short guide to consumer rights, though written for care homes, shows what fair terms look like.

On funding, see our guide to paying for home care.

If a contract is complex or a large sum is at stake, get independent advice from Citizens Advice or a solicitor.

Home care contract checklist: clause by clause

Use this with each contract you are offered. Tick each item, or ask the agency to explain it in writing.

1. The provider

• ☐ Full legal name and address of the provider, and its CQC registration (check it on the CQC website)
• ☐ Whether it is a managed agency or an introductory agency
• ☐ Who your main contact is, and the out-of-hours contact arrangements
• ☐ Proof of the provider’s public and employers’ liability insurance

2. The care you are buying

• ☐ The contract refers to a written care plan based on an assessment of needs
• ☐ What tasks are included, such as personal care, meals, medication support and housework
• ☐ What tasks are excluded, or need extra training or a nurse
• ☐ The level of medication support: prompting, assisting or administering (see NICE NG67 and our medication support guide)
• ☐ How often the care plan is reviewed, and how you ask for changes

3. Prices and charges

• ☐ Hourly rate for weekdays, with the hours it covers (for example 7am to 9pm)
• ☐ Weekend rate, evening rate and night rate
• ☐ Bank holiday rate, and whether Christmas Day and New Year’s Day are charged differently
• ☐ Rates for 30-minute and 45-minute visits, and any minimum visit length
• ☐ Mileage or travel charges, for example for shopping trips or escorting to appointments
• ☐ Any call-out, admin, registration or set-up fees
• ☐ Whether VAT applies (care from a CQC-registered provider is usually VAT-exempt; see our home care VAT guide)
• ☐ Any deposit, and when it is refunded

4. Billing and payment

• ☐ Whether you pay in advance or in arrears, and how often (weekly or monthly)
• ☐ Payment method and date
• ☐ How invoices show visit times, so you can check them against the care log
• ☐ Interest or charges for late payment
• ☐ How disputed invoices are handled

5. Changes to price

• ☐ How much notice you get before a price rise, in writing
• ☐ How often prices can rise, and whether rises are linked to wage increases
• ☐ What you can do if you do not accept the new price

6. Cancelling visits

• ☐ How much notice you must give to cancel a single visit without charge
• ☐ What you pay if you cancel at short notice
• ☐ What happens during a hospital stay: are visits suspended, and is anything charged?
• ☐ Whether you are charged if the carer arrives and cannot get in, or your relative refuses care

7. Missed, late and short visits

• ☐ The provider’s policy on lateness and what “on time” means (for example within 30 minutes)
• ☐ How you will be told if a carer is running late or cannot attend
• ☐ Whether you are charged for the time booked or the time actually delivered
• ☐ What happens for time-critical visits, such as Parkinson’s medicines

8. Carers and continuity

• ☐ How the provider aims to keep the same small team of carers
• ☐ How you are told about a new carer
• ☐ Whether you can ask for a change of carer
• ☐ Pre-employment checks, including an enhanced DBS check with the adults’ barred list (see below)

9. Ending the contract

• ☐ Notice period for you to end the contract
• ☐ Notice period for the provider to end it, and the reasons they can give
• ☐ What happens to fees if the person moves into a care home or hospital long-term
• ☐ What happens to fees if the person dies: charges should stop promptly, and any prepayment should be refunded

10. Safety, keys and records

• ☐ Key safe or key holding arrangements, and who has the code
• ☐ How the carer records visits and tasks, and whether you can see the care log
• ☐ Rules on handling money, shopping and receipts
• ☐ Rules on gifts to carers
• ☐ What the carer should do in an emergency, such as a fall

11. Complaints and data

• ☐ The complaints procedure, with names and timescales (CQC-registered providers must have one)
• ☐ Your right to go to the Local Government and Social Care Ombudsman if unresolved
• ☐ How personal data is stored and shared, including with family

12. Signing

• ☐ Who is signing, and on what authority
• ☐ Whether the signatory is taking on personal liability for the fees

How are carers vetted?

CQC-registered providers must only employ people who are “fit and proper” for the role (Regulation 19 of the Health and Social Care Act 2008 regulations), and the CQC looks at recruitment records when it inspects. In practice, that means these checks before a carer works alone:

DBS checks. Under GOV.UK DBS eligibility guidance, helping adults with washing, dressing, eating or toileting is regulated activity, so carers are eligible for the highest level of check, and anyone on the barred list must not do this work. A certificate is a snapshot on the day it was issued, so ask whether the agency uses the DBS Update Service or re-checks staff.

Training. The Care Certificate is a set of 16 standards for new care workers, updated in 2025. It is not a legal requirement, but the CQC expects providers to train new staff to that standard. Ask about specialist training too, such as dementia and medication.

With an introductory agency or self-employed carer, you may need to check the DBS certificate, references and insurance yourself.

What red flags should I look for in care agency terms and conditions?

Ask the agency to explain or change these before you sign:

• Long notice periods that keep charging you after care has stopped.
• Charges after death that run on for weeks.
• Vague price rise clauses, such as prices that can change “at any time”.
• Full charges for missed or late visits caused by the agency.
• Wide cancellation fees, including when your relative is admitted to hospital as an emergency.
• A “guarantor” clause making a family member personally liable, without that being made clear.
• No written care plan attached to or referenced in the contract.

If an agency will not put its prices in writing, do not sign: Regulation 19 requires it before care starts.

Who should sign the contract?

The person receiving care should sign if they have the mental capacity to understand and agree to it. If they lack capacity, someone with legal authority should sign for them. That is usually an attorney under a registered property and financial affairs Lasting Power of Attorney, or a deputy appointed by the Court of Protection.

A health and welfare LPA covers decisions about care, but paying bills is a financial decision. Read our guide to Lasting Power of Attorney for health and care decisions.

If you sign “on behalf of” a parent without authority, you may become personally responsible for paying.

How do I compare contracts from different agencies?

Put the numbers side by side. Work out the weekly cost for your relative’s actual schedule, including weekends. A lower weekday rate may not be cheaper if weekend rates or short-visit charges are higher.

As of 2026, visiting home care in England costs about £32–£34 an hour on weekdays (many agencies charge £26–£38), and prices vary by region. Weekend hours are typically 10–25% more, and 30-minute visits often cost 20–30% more per hour. Sources vary, so always get a written quote. Our home care cost calculator can help you estimate a weekly total.

Also compare the non-price terms: notice periods, cancellation rules and continuity of carers. Our printable questions to ask a home care agency covers what to ask at the first meeting.

What if the agency breaks the contract?

Most problems can be sorted out with a call to the office. If not:

1. Complain to the registered manager in writing, using the agency’s complaints procedure (Regulation 16). Give dates, say what you want done, and keep copies and a log of missed or late visits.
2. If the council arranged the care, you can also complain to the council.
3. Go to the Ombudsman. If you are not satisfied with the final response, or have waited more than 16 weeks, complain to the Local Government and Social Care Ombudsman. It is free, covers self-funded care as well as council-funded care, and you normally need to complain within 12 months.
4. Tell the CQC. It does not investigate individual complaints, but it uses what you share to decide when and where to inspect.

Our guide on how to complain about home care explains each step. If you think a term is unfair, Citizens Advice can help.

Warning signs worth acting on

• Visits often shorter than booked, or care notes that don’t match what you see
• Many different carers with no introductions
• Your relative seeming anxious or withdrawn around a particular carer
• Unexplained bruises, missing money or new “friends” asking about finances
• The office not answering the phone or not returning calls

When it is a safeguarding concern

Abuse or neglect — including financial abuse, rough handling or missed visits leaving someone without food or medication — is a safeguarding matter. Report it to your council’s adult social care team, which will have a safeguarding line and usually an online form (for example, West Sussex County Council’s raise a concern page). You can do this and complain at the same time. If someone is in immediate danger, call 999.

See also: CQC ratings explained, how to choose a home care agency and how to arrange home care.

Frequently asked questions

Does a home care agency have to give me a written contract?

A CQC-registered provider must give people who pay for their care a written statement of its terms and conditions, including fees and how to pay them, before care starts where reasonably practicable. If it cannot give a fixed price, it should give a written estimate.

What is a reasonable notice period for ending a home care contract?

There is no single legal notice period for home care, and periods vary between agencies. Long periods that keep charging you after care has ended may be challenged as unfair under consumer law. Compare them before you sign.

Can a care agency charge for visits when my relative is in hospital?

It depends on the contract, so check the hospital-stay clause before signing. Ask whether visits and charges are suspended once the agency is told of an admission. If it allows full charges for weeks of cancelled visits, ask for a change or compare providers.

Can I sign a home care contract for my mum or dad?

Only with authority, unless they are able to sign themselves. If your parent lacks capacity, you need a registered property and financial affairs LPA or a Court of Protection deputyship to sign for them on money matters. Some contracts make the person signing personally liable for fees.

Are home care contracts covered by consumer law?

Yes, when you buy care privately as a consumer. The Consumer Rights Act 2015 says unfair terms are not binding on consumers and that written terms must be transparent. If you think a term is unfair, Citizens Advice can help.

Can I ask to see a carer’s DBS certificate?

You can ask the agency to confirm that each carer has a current enhanced DBS check with the adults’ barred list. Agencies may not share the certificate itself for data protection reasons, but they should confirm the check was done and when.

Can I refuse a particular carer?

Yes. You can ask the agency not to send a carer you are unhappy with. A good agency will respect that, though it helps them to know what went wrong.

Sources

• Regulation 19: Fees – Care Quality Commission
• Personal care and introductory agencies – Care Quality Commission
• Consumer Rights Act 2015, Part 2 (unfair terms) – legislation.gov.uk
• Unfair contract terms guidance (CMA37) – GOV.UK
• Care homes: consumer protection case – CMA (GOV.UK)
• Managing medicines for adults receiving social care in the community (NG67) – NICE
• Welfare services and goods (VAT Notice 701/2) – HMRC
• Adult social care complaints FAQs – Local Government and Social Care Ombudsman
• Lasting power of attorney – GOV.UK
• Deputies: make decisions for someone who lacks capacity – GOV.UK
• Price list – Nightingales HomeCare, Bromley (April 2026)
• How much does home care cost in London – Steazforte (August 2026)
• Home care costs in 2026 – Certified Care (January 2026)
• Eligibility for enhanced with adults’ barred list DBS check – GOV.UK
• Care Certificate standards – Skills for Care
• Care homes: consumer rights for residents and their families – CMA (GOV.UK)
• Local Government and Social Care Ombudsman
• Raise a concern about an adult – West Sussex County Council
• Citizens Advice

The Care Panel is an independent publication. We are not a care provider and are not regulated by the Care Quality Commission, because we do not deliver care. Always check a provider’s own CQC registration and inspection report before you commit.

This guide is general information, not financial, legal or medical advice. Last reviewed September 2026.

Reviewed by The Care Panel team on 15 October 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.