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The Joint Committee on Human Rights has prepared a draft statutory instrument to lay before Parliament to secure legal protection for care home residents deprived of family visits, and therefore, their human rights.

• Government guidance must be underpinned by law to protect care home residents’ right to family life 
• ‘Completely unacceptable’ for care homes to deny residents vital family links by claiming visits are unsafe without doing individualised assessments
• ‘Astonishing’ lack of awareness by Care Quality Commission as to whether care homes are complying with guidance allowing visits
• New Government guidance on low-risk visits: an opportunity to restore residents’ human rights
• Read the report summary
• Read the conclusions and recommendations
• Read the full report

In today’s report, Care homes: Visiting restrictions during the covid-19 pandemic, the Committee calls on the Government to make the existing requirements for individualised assessment for visits mandatory by laying its draft Regulations, as soon as possible. 

Government guidance now makes clear that care home providers should not impose blanket bans on visiting but should instead conduct individualised risk assessments for each resident. This is a welcome response to the Committee’s work in February 2021.  

However, without statutory force, there is no legal recourse for residents to require their providers to implement the guidance. It is completely unacceptable for care home providers to argue that it is not yet safe to follow it and deny residents important family links as part of their right to family life. The Government has a duty to protect the lives of residents in care homes, but it also has an obligation to uphold their right to family life and ensure it is facilitated in practice. 

The pandemic has revealed the lifeline of love and support which runs from families to their loved ones in residential care. The Committee was struck by evidence from the co-founder of Rights for Residents, Jenny Morrison who said: “We relatives all feel that we have had to watch for over a year now as our loved ones have deteriorated. It has been like grieving for people who were still alive.” Others described providers who imposed time restrictions on visiting or forced families to endure 'prison-like' visits, permitted only to speak to their relatives through telephones behind plastic screens. 

While much of the problem has been with the guidance provided by Government, there have also been concerns at the decisions taken by individual care homes and care providers. In light of this, the Committee was astonished that the Care Quality Commission was unable to offer a clear picture of adherence to the guidance within the care home sector. The CQC, the independent regulator of all health and social care services in England, is urged to ‘get a grip’ and implement robust processes on data collection and monitoring of visits by the end of May 2021. 

Days after the Committee agreed this report, the Government announced plans to amend the excessive guidance which required residents to self-isolate for 14 days if they chose to leave their care homes for even the shortest period and in line with social distancing rules. Once again, the rules were introduced at very short notice, giving families and care home providers very little time to prepare. Further reviews of the rules may be announced by Government by May 17. Questions of deprivation of liberty under Article 5 ECHR as well as unjustified interference with the right to family life (Article 8 ECHR) remain a consideration.

Chair's comment

The Chair of the Joint Committee on Human Rights, Harriet Harman MP, said: 

“Care staff across the country continue to do an incredible job in difficult circumstances and families of residents are in the forefront of recognising this.

“But for far too many families and their loved ones in residential care homes, the pandemic has been utterly heart-breaking because of the breach of the right to family life. It has been a powerful reminder of why the right to family life is so important. 

“The Government has listened to recommendations from this Committee and other that restrictions on visiting rights must be only be implemented on the basis of an individualised risk assessment which takes into account the risks to the resident’s physical and mental wellbeing of not having visits. By not underpinning this guidance in law, care homes have not felt bound by it and important rights have therefore not been respected. 

“The Care Quality Commission assurances that visits are being allowed properly now in all homes is wholly unconvincing. Because care homes see guidance about allowing visits as advisory rather than binding, the Government must now bring forward regulations to give their guidance on visits legal force.

“As we moved to publish this report, the Government announced plans to relax the 14 day rule in England for care residents’ visits out for some instances of ‘low-risk’ trips. It has taken a great deal of effort by families, including a promise of legal action, to make this happen. As Professor Van Tam said last week, it is incredibly safe for two fully vaccinated people to meet freely. The Government’s guidance on visiting in and out of care homes must now reflect this. As our report demonstrates, the pandemic has had a significant toll on residents of care homes and their families who crave the return of meaningful relationships with their loved ones. Restoring their human rights must be a matter of priority.”