This guide explains your rights to receive faith-based care home funding from local authorities, and how to challenge refusals or funding caps using the Care Act, the Mental Capacity Act, and Article 9 of the European Convention on Human Rights (ECHR).
Faith-based care home funding is a complex area of social care law. At Steene Law, we specialise in securing faith-based care home placements fully funded by local authorities, with no top-up or family contribution required. If you’re struggling to get the right placement approved, call us today for a free conversation.
Your Rights to Faith-Based Care Home Funding
Article 9 ECHR – Freedom of Religion
Article 9 of the European Convention on Human Rights protects your right to freedom of thought, conscience, and religion. This includes the right to practise and observe your faith. If religion is central to a person’s wellbeing, then their care planning must reflect that.
In practical terms, that means local authorities cannot ignore religious needs when deciding on care placements.
The Mental Capacity Act 2005 – Decisions in a Person’s Best Interests
The Mental Capacity Act 2005 requires that any decisions made for a person who lacks capacity must be made in their best interests. This includes considering their beliefs, values, and religious practices.
When a local authority considers funding for a care placement, it must assess whether a faith-based home is necessary to meet the person’s needs. If so, that cost should be included in the personal budget, and not treated as an optional “extra”.
The Care Act 2014: Funding Rules and Fair Budgets
Under the Care Act 2014, local authorities must assess each individual’s needs and ensure the personal budget reflects the real cost of meeting those needs.
What the Care Act says:
- Local authorities must consider religious needs in care home placements.
- Budgets must reflect the actual cost of suitable care, including faith-related needs.
- Top-up fees only apply when a suitable placement is offered within the personal budget and the family voluntarily chooses a more expensive option.
- Councils cannot use top-ups to avoid paying for a placement that genuinely meets the person’s religious and wellbeing needs.
If a faith-based home is the only setting that adequately meets those needs, the council is legally required to fund it in full.
Common Council Refusals and How to Challenge Them
Many families are told by councils that faith-based homes are “too expensive” or “not necessary.” These refusals can often be challenged successfully.
You can challenge a decision if:
- The local authority refuses to fund a faith-based care home because of cost.
- You’re told to pay a top-up for a religious placement.
- The care assessment fails to recognise faith as part of wellbeing.
- The personal budget doesn’t reflect the true cost of suitable care.
Challenges can be made under The Care Act 2014, The Mental Capacity Act 2005, and Article 9 ECHR (freedom to practise religion).
Get help from Steene Law to challenge a council refusal
Checklist for Families
If you’re preparing to request or appeal faith-based care home funding, follow these steps:
- Document religious needs clearly. Include prayer routines, dietary restrictions, festivals, and spiritual care.
- Link faith to wellbeing. Under Section 1 of the Care Act, faith and culture are key parts of wellbeing.
- Include religious needs in the care plan. Ensure they’re written into the local authority’s official records.
- Request a placement that meets those needs. Specify the care home or type of setting required.
- Challenge funding caps or refusals. Reference the Care Act, Mental Capacity Act, and Article 9 ECHR.
- Ask for a revised personal budget. It must reflect the real cost of meeting all eligible needs.
- Keep written records. Save all communications, assessments, and decisions.
Examples of Faith-Based Care Homes
Different faith-based homes provide different facilities and cultural care. Here are a few examples:
Catholic Care Homes
- Chapel or Mass space on-site
- Access to priests for Communion and pastoral care
- Celebration of feast days
- Faith-sensitive diets
Christian Care Homes
- Worship services and Bible study groups
- Visits from local clergy
- Christian holiday celebrations
- Emphasis on compassion and dignity
Hindu Care Homes
- Prayer room or small temple
- Strict vegetarian menus
- Festival observances like Diwali and Holi
- Staff familiar with Hindu customs and languages
Jain Care Homes
- Vegan or non-root vegetarian meals
- Prayer or meditation spaces
- Observance of Jain festivals Respect for ahimsa (non-violence) in care routines
Sikh Care Homes
- Space for Guru Granth Sahib readings
- Vegetarian food aligned with Sikh practices
- Festivals such as Vaisakhi and Gurpurab
- Respect for the turban, kara, and other symbols
Relevant Law and Guidance
➔ Care Act 2014, Sections 1, 9, 18, 24–26
➔ Care and Support Statutory Guidance:
- Paragraph 6.15 – Faith and culture in assessment
- Paragraph 11.7 – Budget must reflect real costs
- Paragraph 11.14 – Top-ups only when suitable placement offered
- Paragraph 11.22 – No use of top-ups to avoid funding
➔ Mental Capacity Act 2005 – Best interests and personal beliefs
➔ Article 9 ECHR – Freedom of religion
Get Legal Help to Secure Faith-Based Care Home Funding
Has your local authority refused to fund a faith-based care home, or insisted on a top-up payment? Steene Law can help you challenge the decision. These cases can be complex, but with our support, they’re often successful.
At Steene Law, we are experts in faith-based care home funding disputes. We help families across England secure placements that respect their faith and are fully funded by the local authority.
If you’re unsure about your next step
FAQs about Faith-Based Care Home Funding
What is faith-based care home funding?
Faith-based care home funding refers to financial support from a local authority to cover the cost
of a care home that reflects a person’s religion or faith. When someone’s faith is central to their
wellbeing, the council must consider those needs when deciding.
What laws protect my right to a faith-based care placement?
Your rights are protected under Article 9 ECHR (freedom of religion), the Mental Capacity Act
2005 (best interests and personal beliefs), and the Care Act 2014 (wellbeing principle and fair
funding).
What should I do if my council refuses or limits funding?
You can challenge the decision. Start by documenting your relative’s religious needs, linking
them to wellbeing, and asking for a revised personal budget that reflects the actual cost of
suitable care. Refer to the Care Act, the Mental Capacity Act, and Article 9 ECHR when making
your case.
How can Steene Law help?
Steene Law specialises in challenging local authority refusals and securing full funding for
faith-based care home placements. We help families ensure that religious and cultural needs
are properly recognised, assessed, and funded by the council.