The Government is presently consulting on new regulations aimed at granting the Care Quality Commission (“CQC”) additional authority to oversee and enforce visitation arrangements by care providers. This comes amid concerns that there are continued instances where visitors are unfairly denied access to their loved ones.
The proposed regulations would impose a legal obligation on care homes, hospitals, mental health units, and other health and care facilities regulated by the CQC to facilitate visits for their residents and patients. Though guidance currently stipulates that health and care settings should be allowing visitors, the expected standard regarding visitation rights is not specifically outlined in regulations. The legislation would hence provide the CQC with a more coherent basis to determine whether providers are meeting the required standard and take action if they are not.
Visitation restrictions were implemented in care settings in response to the Covid-19 pandemic. Though the majority of restrictions have now eased, there remains some issues regarding visitation across the health and care sector.
Minister for Health Will Quince 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.”
Reports of continued visitation restrictions have raised concerns, prompting advocacy groups such as Rights for Residents and John’s Campaign to advocate for the legal right of care users to receive visitors. A report published by the Joint Committee on Human Rights in July 2022 stated, “insufficient respect was given to ensuring meaningful contact between care users and their family members and loved ones during the pandemic, and in some cases, since general restrictions on the public ended.”
Should these regulations be enacted, the CQC would possess various powers to enforce visiting standards, including the issuance of requirement or warning notices, the imposition of conditions, and the suspension or cancellation of registrations.
Currently, the legislation is open for public consultation, which concludes on 16 August 2023, at 11:59 PM.
