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Ill-treatment or wilful neglect by a care worker

s.20Criminal Justice and Courts Act 2015

A paid care worker ill-treating or wilfully neglecting a person in their care.

Ill-treatment or wilful neglect by a care worker · Criminal Justice and Courts Act 2015, s.20Card 52 / 195

Points to prove

Being a care worker
Having the care of another individual by virtue of being a care worker
Ill-treated that individual, or
Wilfully neglected that individual

Key definitions

Care worker – s.20(3): a person who, as paid work, provides health care for an adult or child (other than excluded health care), social care for an adult, or care or support for a 16 or 17 year old in a regulated establishment. It also covers those who supervise or manage them, and directors of organisations providing that care.
Paid work – s.20(4): work for which the person is paid or entitled to be paid. Reimbursed expenses, foster care payments and benefits do not count, so unpaid family carers are not covered.
Ill-treats – deliberate conduct that amounts to ill-treatment, such as rough handling, humiliation or threats. No injury needs to be caused.
Wilfully neglects – a deliberate or reckless failure to provide proper care. In the child neglect case R v Sheppard 1981, “wilful” was held to mean deliberate or reckless. An accident or a genuine mistake is not enough.
Incidental care – s.20(7): care that is merely incidental to some other activity is not covered.

Good to know

The victim does not need to lack mental capacity. That is the key difference from the Mental Capacity Act 2005, s.44 offence.
Care providers (companies and other organisations) can commit a separate offence under s.21 where a gross breach of a duty of care led to the ill-treatment or neglect. The penalty is an unlimited fine, with possible remedial and publicity orders (s.23).
From 29 June 2026 the Children’s Wellbeing and Schools Act 2026 extended s.20 to care or support for 16 and 17 year olds in children’s homes and other regulated establishments.

Legislation: Criminal Justice and Courts Act 2015, s.20 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Ill-treatment or wilful neglect by a care worker: questions people ask

What are the points to prove for ill-treatment or wilful neglect by a care worker?

1. Being a care worker 2. Having the care of another individual by virtue of being a care worker 3. Ill-treated that individual, or 4. Wilfully neglected that individual

What is the maximum sentence for ill-treatment or wilful neglect by a care worker?

5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is ill-treatment or wilful neglect by a care worker a summary, either-way or indictable offence?

Ill-treatment or wilful neglect by a care worker is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is ill-treatment or wilful neglect by a care worker?

Ill-treatment or wilful neglect by a care worker is an offence under the Criminal Justice and Courts Act 2015, s.20.

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