What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Care Home Failings: Why Legal Accountability Matters

Recent revelations about Restgarth Care Home in Polperro, Cornwall have shocked families and professionals alike. The Care Quality Commission (CQC) rated the home inadequate across all areas after inspectors uncovered serious breaches of care standards. These included:

A resident left in a dining chair for nine hours without support.
Outdated care plans, leaving staff without essential guidance.
Missed meals and poor nutrition monitoring.
Medication errors, including giving animal-based drugs to a vegetarian resident.
Hygiene failures and a culture where staff feared raising concerns.

As a result, the home was placed in special measures, banned from admitting new residents, and ordered to submit monthly updates on risk reduction. This case is not isolated—it reflects a wider crisis in the care sector.

The Legal Framework

UK law sets clear expectations for care providers:

Care Act 2014: Requires safeguarding and person-centred care.
Health and Social Care Act 2008 Regulations: Establishes “fundamental standards” covering dignity, safety, and nutrition.

Breaches can lead to CQC enforcement, including fines, restrictions, and even closure. In severe cases, criminal prosecution is possible.

What This Means for Families

When care falls below legal standards, families have options. Negligence claims can provide compensation for harm caused by poor care. These cases often involve:

Gathering evidence such as medical records and inspection reports.
Demonstrating breach of duty and resulting harm.
Seeking damages for physical injury, emotional distress, and loss of dignity.

Beyond compensation, these claims help drive improvements across the sector.

Our Role

The specialist lawyers in our Clinical Negligence department specialise in supporting families affected by care home neglect. We provide clear advice, practical steps, and compassionate representation to ensure accountability and justice.