Get help now Make a donation

Health and social care rights

Explains your rights to health and social care for your mental health. Includes information on eligibility for social care and how local authorities may meet your needs.

  • This information applies to England and Wales.
  • This information applies to adults. It doesn't apply to children unless specifically stated.

Overview

If you have a mental health problem, sometimes you might need health or social care support. It's important to know that you have rights about the health and social care support you receive.

What's the difference between 'healthcare' and 'social care'?

  • ​A healthcare need is related to the treatment, control or prevention of a disease, illness, injury or disability. And the care or aftercare of a person with these needs.

  • A social care need is focused on providing assistance with:
    • The activities of daily living
    • Maintaining independence
    • Social interaction
    • Enabling you to play a fuller part in society
    • Protecting you in vulnerable situations
    • Helping you to manage complex relationships
    • In some circumstances, accessing a care home or other supported accommodation

It can sometimes be difficult to say whether a service you receive is health or social care. Healthcare is generally provided free under the NHS. Social care is provided by local authorities, who can charge for it.​

Healthcare overview

  • Healthcare means the services provided to you to maintain and improve your health. Most healthcare provided by the NHS is free at the point of delivery to UK residents.
  • You have certain rights regarding the healthcare treatment you receive. This includes not being discriminated against, getting information about your treatment and being able to see your medical records. You also generally have the right to give consent before receiving treatment, and to refuse treatment (except in certain situations).
  • You have rights to make choices about the healthcare you receive. This includes choosing your GP practice, doctor or nurse. You can also access healthcare if you're changing hospital or if you're homeless. 
  • Some people may be eligible for a package of care called continuing healthcare (CHC). This is for people who aren't in hospital and have been assessed as having a 'primary health need'. This means that your main need must relate to your health. Continuing healthcare can be provided in your own home or in a care home.

Social care overview

  • Social care services can help you if you need practical help and support because of your illness, disability or age. Social care services are provided by your local authority, but you may have to pay for it.
  • The first stage in getting any social care is for the local authority to assess your needs. This is called a 'needs assessment', which can help the local authority gain a full picture of your care and support needs. It can use this to make informed decisions about whether you're eligible for support.
  • You will only get social care support if your needs meet the eligibility criteria. When deciding this, your local authority will look at what kind of health problem causes your needs for care and support. It will also decide whether your needs affect your ability to do things, and how they affect your day-to-day living.
  • If the local authority has decided that you have eligible needs, it will plan your care and support with you. You should be involved in the planning process. The plan should meet your needs and achieve the outcomes that you want.
  • The local authority can meet your needs for care and support in different ways. For example, providing you with accommodation, care and support at home, counselling or advocacy. If you want to arrange your own care and support, you can ask your local authority to make direct payments to cover the cost.
  • If the local authority provides you with support, it must assess your financial circumstances and decide whether you need to pay for some of the cost. The assessment will look at your income and your capital, and whether you're in a care home or not.
  • Safeguarding means protecting your right to live in safety, free from abuse and neglect. Local authorities have a legal duty towards people who are experiencing or are at risk of abuse and neglect. If the local authority thinks you're at risk, and you're in its area, then it must assess what action should be taken.
  • An advocate can help you understand your rights. They can also help you to express your wishes and make sure your voice is heard. If you have difficulty being involved in decisions about your care and support, your local authority must provide you with an advocate, unless there's someone else suitable to support you.
  • If you're a carer, you may also have carer's rights to social care support. The law is similar to other adults' social care rights. You'll have an assessment, then the local authority will decide whether your needs meet the eligibility criteria. It will then prepare a support plan of your eligible needs.
  • If you're unhappy with a health or social care service you've received, you can complain. See our pages on complaining about health and social care for information about how to do this.

These pages contain general legal information, not legal advice. We recommend you get advice from a specialist legal adviser or solicitor who will help you with your individual situation and needs. See our useful contacts page for organisations which may be able to help.

This information was published in February 2023. We will revise it in 2026.  

References are available on request. If you would like to reproduce any of this information, see our page on permissions and licensing.

arrow_upwardBack to Top