- Government announces proposed legislation on visiting in
health and care settings
- New regulations will make visiting a legal requirement for
hospitals, care homes, mental health units and other health and
care settings
- Care regulator will have new powers to make sure providers
are allowing families to visit loved ones
People in care homes and hospitals will be able to have visitors
in all circumstances, thanks to the government’s plans to bring
forward new legislation.
Health and care settings should be allowing visits, according to
the guidance from the government and NHS England currently in
place, but there are reported cases where visiting access is
being unfairly denied.
As a result, the government is seeking views from patients, care
home residents, their families, professionals and providers on
the introduction of secondary legislation on visiting
restrictions.
The new legislation will strengthen rules around visiting,
providing the Care Quality Commission (CQC) with a clearer basis
for identifying where hospitals and care homes are not meeting
the required standard.
The government recognises the contribution that visiting
makes to the wellbeing and care of patients attending hospitals,
and residents of care homes, as well as the emotional wellbeing
of their families and so is seeking views on what the new rules
will look like.
For health settings, regulations will be reviewed in both
inpatient and outpatient settings, emergency departments and
diagnostic services in hospitals, to allow patients to be
accompanied by someone to appointments.
Minister for Care, said:
"I know how important visiting is for someone in hospital or
living in a care home, and for their families. I know from my own
experience too - I know what it feels like to be told you can't
see your Mum in hospital. That's why I'm so determined to
make sure we change the law on visiting.
"Many care homes and hospitals have made huge progress on
visiting and recognising carers since the pandemic. But I don't
want anyone to have to worry about visiting any more, or to face
unnecessary restrictions or even bans.
"I have listened to campaigners who have been so courageous in
telling their stories. I encourage everyone who cares about
visiting to take this opportunity to have your say on our plans
to legislate for visiting.”
Minister of Health, said:
“Most hospitals and care homes facilitate visiting in line with
guidance, but we still hear about settings that aren’t letting
friends and families visit loved ones who are receiving treatment
or care.
“We want everyone to have peace of mind that they won’t face
unfair restrictions like this, so we want to make it easier for
the CQC to identify when disproportionate restrictions and bans
are put in place and strengthen the rules around visiting.
“It’s important that people feedback on the consultation, we want
to make sure the legislation is right for everyone. If you’ve
experienced unjust visiting bans, please share your experience.”
Challenges around visiting were exacerbated during the Covid
pandemic, with many health and care settings restricting and
banning visits to stop the spread of the virus, ease pressure on
the NHS and reduce the risk of transmission. Since restrictions
were eased and there was a return to normality, many health and
care settings have made efforts to return to pre-pandemic
visiting. There are however still instances where, families and
friends continue to face issues with visiting across the health
and care sector.
The CQC does currently have powers to clamp down on unethical
visiting restrictions, but the expected standard of visiting is
not specifically outlined in regulations. Current guidance from
government and the NHS is clear that all care homes and hospitals
in England respectively are expected to facilitate visits in a
risk-managed way, such as through the use of face coverings in
the event of an outbreak or in the reduction of the number of
visitors at one time.
Patricia Mecinska, Assistant Director of Patient
Experience at King’s College Hospital NHS Foundation Trust
said:
“At King’s, our teams recognise the invaluable contribution that
friends, carers and loved ones make to the patients under our
care, including supporting us to provide care that’s respectful
of our patients’ needs, so enabling them to make a positive
recovery. Plans to involve care supporters in a more formalised
way will be welcomed by many patients and will aid us in
delivering our vision of providing outstanding care to patients
and communities.”
The hospital visiting guidance also includes an expectation that
patients can be accompanied to hospital appointments when
needed.
With the new legislation, the CQC will be able to enforce the
standards by issuing requirement or warning notices, imposing
conditions, suspending a registration, or cancelling a
registration.
[ENDS]
Notes to editor:
