I think they get away with it because most members of the public do not think rationally on the subject, only emotionally. They deplore the closure of homes and want them improved etc etc, but at the same time complain bitterly about how outrageously expensive care home fees are.
Failing care homes are mainly those taking in residents funded by social services departments, most of whom will pay less than £100 a day for the care of the elderly. That sounds a lot, but I have just returned from a short coach tour with a group I belong to. We stayed, out of season, in a seaside hotel, so the rate our organiser got for 35 people staying for three days was, as they say, competitive. It was £125 a night for bed, breakfast and evening meal. It was a 3 star hotel. Our room was en-suite, clean, warm and adequately furnished, but very small. Food again while very pleasant was clearly portion controlled and bought in ready prepared from catering wholesalers.
Now think what care homes provide; staff to get residents up, wash and dress people who suffer from dementia and other ills who may also be incontinent, provide continuing supervision and care all day and be on call all night. Their laundry must be done, very high hygene levels maintained at all times. Some residents need feeding, room temperatures need to be kept to a far higher level than in a normal home, Management and staff supervision at a far higher level than required in any hotel is also necessary.
If people would think rationally about how much good care provided by properly paid trained staff actually costs, instead of expecting to get a high level of care for price less than the cost of an overnight stay in an out of season hotel and complaining if they don't, they will then be prepared to pay the proper price for the care their loved one receives and campaign for social services to pay an adequate rate to care providers.