Ban for over 65s leaving care homes axed but 'outrageous' 14-day isolation remains

A blanket ban stopping people 65+ from leaving care homes to take trips outside - described as "mental abuse" - has been dropped from government guidance on the condition residents self-isolate for 14 days.

The government's visits out of care homes guidance was updated on Wednesday 7 April with no reference to an age restriction, however a condition remains that residents will still have to self-isolate for two weeks upon their return.

The change in government guidance applies from Monday 12 April and will allow care home’s older people to venture out to garden centres, parks, family's gardens etc, on condition they self-isolate afterwards.

The new guidance states: 'If a visit out does take place, all members of the household involved in the visit should have had a negative result from a COVID test taken immediately preceding the visit out'.

Government: 'Enjoy out-of-care-home visits'

In a statement the Department of Health and Social Care (DHSC) stated: ‘As part of the road map out of lockdown, we have updated guidance for care homes to support residents to enjoy out-of-care-home visits in the safest way possible, while also providing more opportunities for visits to take place in care homes’.

A DHSC spokesperson said: “As part of the road map out of lockdown, we have updated guidance for care homes to support residents to enjoy out-of-care-home visits in the safest way possible, while also providing more opportunities for visits to take place in care homes.

“When the data shows it is safe, the Government wants to go even further and allow more visits to take place.”

Government guidance dictates that residents returning to care homes after a trip out must self-isolate for two weeks and the DHSC states: ’We recognise that in practise, this is likely to mean that many residents will not wish to make a visit out of the home.’

Campaign group John’s Campaign launched a legal challenge against the government last week over a previous “discriminatory” restriction in guidance published on 8 March, which limited trips out to residents aged under 65.

Solicitors Leigh Day, acting on behalf of the campaign group, had sent a pre-action letter to the DHSC stating the 8 March guidance was unlawful and should balance the Covid-19 risk against the harm caused by keeping residents away from enjoying the outside world with their loved ones.

John’s Campaign has said it now wants the DHSC to ditch its guidance on self-isolation too, now that residents have been vaccinated and rapid testing takes place in care homes.

Tessa Gregory, from Leigh Day said: “It cannot be right that every time a resident leaves their care home, regardless of the nature of the outing, regardless of who they are seeing, regardless of the precautions being taken and whether or not they have been vaccinated, that they then be required to self-isolate for 14 days on their return.

"The Government needs to urgently act and amend the guidance to enable care homes to take a more nuanced, sensible approach on much needed visits out.”

Care home: 'No, they will not be isolating when they get back'

In response to the latest guidance, Adam Purnell care quality lead at Kepplegate Care Services care home tweeted: 'Yes our residents can go out on day trips with their families.

'Yes all families are PCR and LFD tested.

'No, they will not be isolating when they get back as agreed w/ relatives at monthly meeting'.

Son: 'Outrageous deprivations of liberty and mental abuse'

John’s Campaign co-founders Nicci Gerrard and Julia Jones have received many calls from the public affected by the guidance since they started legal action last week.

Those who have contacted the campaigners include Michael (names have been changed) who has seen his mother struggle with isolation during the pandemic.

Every resident in her care home except one has had two vaccinations. His family have been vaccinated too. Yet it is not possible for them to take his mum to the park or see her in their garden at home for a lunch.

Michael said: “I'm at my wits’ end with these outrageous deprivations of liberty and mental abuse of entirely innocent and powerless people.

"I asked my mother what she wanted for Christmas and she said she didn’t want anything but to come to visit me and my family.” He has not been allowed to go out or visit his family in over 12 months. Jane is not even allowed to take him out for a walk in his wheelchair, even though she is regularly tested at work and in the care home, Reg has had Covid and has been vaccinated.

Jane's 83-year-old father Reg decided to move to a care home to avoid feeling isolated and vulnerable at home.

Jane said: “My dad cannot live with the threat that if he wants to be taken out for a walk in the park, he then has to stay isolated in his room for two weeks.

"The risk of being isolated is too much, he can’t cope with the isolation period. The days are long and hard enough as it is. He’s done it before with Covid and he doesn’t want to experience the severity of the isolation and loneliness he felt for 14 days on his own, so he doesn’t have a choice, there is no choice.

"He’s disheartened. He feels completely separated from regular life. The reality of his situation is one of loneliness and isolation and of no outlook. He lives in a home where he has caught Covid already but the hardest part is that he has nothing to look forward to.

"He keeps saying 'I just want to get out'. He doesn’t have an en-suite room so when he previously had to self-isolate he had to use a commode in the room. It’s just so dire.”

Dana and Tom have a 30-year-old son Robert who has autism and lives in a care home. Robert’s care plan makes provision for regular outings and time together with his parents but that is no longer possible.

His parents can’t visit because of the distress this causes Robert who can’t understand why he is not allowed to go home with them like he used to.

Robert has had two vaccinations and so has everyone in the care home. His parents undergo regular testing but they still can’t take him out of the care home without him facing 14 days of self-isolation on return.

Dana said: “Robert would never be able to do 14 days isolation. He wouldn’t be able to comprehend it.

"I hate lying to Robert every night, asking if he can do a couple more days for me. He says 'I am being good mum but when am I coming home?'. We desperately miss him and feel as parents that all of our rights and Robert’s rights have been taken away, it’s like we don’t have any.”

Campaigner: Denied ‘sweetness of the outside world’

Co-founder Julia Jones said: “I find myself amazed at the Government’s callous acknowledgement that obliging people to self-isolate for 14 days after a trip out will deter people from leaving the ‘homes’ where they have been stranded for over a year.

“There is no logic to this – care staff come in and out every day with no restriction on their community interactions.

“Young men and women with learning disability or autism are being denied the opportunities guaranteed in their care plans, and older residents are missing the sweetness of the outside world during the last years of their lives.

“This seems massively discriminatory and a contravention of Article 5 of the HRA (Human Rights Act)."