Campaigners start legal action against government for care home trips ban

Legal action against the government has been launched over its guidance which bans care home residents aged 65+ from taking trips outside their care homes.

Leigh Day solicitors acting on behalf of the campaign group John’s Campaign have sent a letter to the government calling the blanket ban guidance for over 65s, discriminatory and unlawful.

The campaign group are also challenging the requirement for those who are permitted to leave the care home to self-isolate for 14 days on their return.

Government guidance, updated on 8 March, says trips to see family or friends "should only be considered" for under-65s while national Covid restrictions apply because they increase the risk of bringing Covid into a home.

Visits out for residents, whatever their age, "should be supported in exceptional circumstances such as a visit to a friend or relative at the end of their life".

On returning to the care home, the resident must then self-isolate for 14 days. Since care homes now have rapid testing, designated visitors are permitted and residents are vaccinated, self-isolation is unnecessary, say John’s Campaign.

'Discriminatory, harmful and wrong'

John’s Campaign co-founder Julia Jones said: “Personally I am at a loss to understand how the basic right of a person living in a care home to make their own simple choices over a walk in the park, for instance, has been so comprehensively ignored - and denied - over the past 12 months. “Many will have spent the last year of their life necessarily confined to the few rooms of their accommodation. The stipulation that those who venture out should then be isolated for 14 days is almost ludicrous if it were not so unkind.

"We all know what damage isolation does to people, particularly those living with dementia and for this to be inflicted by people who are running in and out between the care home and the wider community every single day, is beyond bizarre.”

John's Campaign co-founder Nicci Gerrard said: “It is extraordinary, unkind and entirely unacceptable that government guidance should seek to prevent anyone over the age of 64 leaving their care home for visits out.

"John’s Campaign considers that a blanket ban on visits out is grossly discriminatory, harmful and wrong, and it is a matter of urgency that it is changed.”

The legal letter sent to the Department of Health and Social Care by John's Campaign says the decision whether someone can go on a visit outside a care home should be based on individual risk assessments and denying this contravenes equality and human rights legislation.

Leigh Day partner Tessa Gregory said: "There is no reason, if appropriate precautions are taken, to prevent residents over working age from having much needed visits out and it also cannot be right that if residents do leave their homes they always have to always isolate for 14 days on their return.”

'Care homes aren't prisons'

Adam Purnell, care lead at care home Kepplegate Care is a co-ordinator of the John's Campaign Care Home & Support Group on Facebook.

Adam Purnell said: “I’m of the mindset at Kepplegate that care homes aren’t prisons.

“Residents should be able to go out. They’ve had their second doses. We’re not going to lock them up.

“Where was all the [government] concern last April when we were seeing people discharged from hospitals without testing going into care homes? "Where was the ring of protection?

“The guidance is discriminatory. There should be parity for all. I’ve always been a supporter of John’s Campaign.”

A Department of Health and Social Care spokesperson said: “Residents over 65 can make visits outside of care homes in exceptional circumstances and all decisions in relation to visiting should be made on the basis of a risk assessment centred around the individual. This is made clear in our guidance.

“As we move along the roadmap, we are looking to open up more opportunities for visiting both into and outside of care homes – wherever this can be done safely and is supported by data.”

The pre-action letter asks the DHSC to reply within 14 days, after which the lawyers for the campaigners will decide whether to apply for a judicial review.