Government draws up plan giving care home residents the legal right to see visitors

The care minister has revealed the government is drawing up plans that will force care homes to allow visitors for residents, however a care leader has said care homes face being "vilified" on this issue when "we're trying our very best".

Covid visiting restrictions in England’s care homes have been lifted but some care homes are still not allowing visitors, according to the campaign group, Rights for Residents.

Care minister Helen Whateley has now said: "Care homes will be forced to allow visitors under plans being drawn up by the government."

Care minister: ‘I didn't know if I would see my mum alive again'

On the front page of The Times, she said: “No one can be in any doubt now how much visits matter.

“The darkest days of the pandemic are thankfully behind us but I’m still hearing from families [who are] being stopped from visiting loved ones.

“I know how it feels. I didn’t know if I would see my mum alive again when she was very ill in hospital in the summer. I remember well the feelings I had at the time – grief mixed with frustration and even anger at a system that seemed to lack humanity.”

Primary legislation giving residents the legal right to have visitors is being considered but this will take a while to get through Parliament. So the government is also looking at introducing secondary legislation which will put the onus on the care watchdog in England, Care Quality Commission, to inspect visiting policies when rating care homes or hospitals.

During the pandemic Helen Whately, speaking as care minister and a guest on Let's Talk About Care podcast in March 2021, said she was "looking into" why some care homes are still banning indoor visits.

Care home leader: 'Disappointing'

Nadra Ahmed, chair of the National Care Association called it "really disappointing that we’re looking at another piece of legislation in relation to the care home sector".

She told BBC Radio 4’s Today programme. “We’re probably one of the most legislated against parts of the sector.

“We’re trying to do the very, very best that we can and to be vilified in this way when we’re trying our very best. The government needs to be concentrating … on funding the sector properly so that we can do everything we possibly can.

“I would always start from the point that the wellbeing of every individual in our care service that we support is enhanced by a visit, and pre-Covid that is what happened. We had open visiting. This is a consequence of Covid that we have to go with the guidance that we do.”

A spokesman for the Department of Health and Social Care, said: “Our guidance clearly states that residents in care homes should be able to have at least one visitor in all situations.

“We will continue to work with health protection teams to ensure the advice they are giving to care homes is proportionate and reflects government guidance.

“We urge all trusts and care homes to follow the guidance and ensure they are facilitating these visits, which play a crucial role in the wellbeing and care of patients and residents.

“The Care Quality Commission is able to take regulatory action where there are concerns that safe and proportionate visiting is not being facilitated.”