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Covid-19: To visit or not to visit?

Tom Lumsden, a partner at Tunbridge Wells-based solicitors CooperBurnett LLP, takes a legal look at care home visitor guidance in light of the Covid-19 pandemic

The Department of Health & Social Care (DHSC) is facing a legal challenge from a charity by way of judicial review of its guidance on visiting care homes, which was issued in July. 

The challenge is being brought by John’s Campaign, whose lawyers sent a pre-action protocol letter to Health Secretary Matt Hancock, to challenge the legality of the guidance governing visits since lockdown ended, on the basis that the guidance discriminates disproportionally against those suffering from dementia. The charity claims the guidance is unlawful.

It is useful to have a more detailed look at the DHSC guidance, the first priority of which states that it is to reduce the risk of Covid-19 in care homes and prevent future outbreaks, to ensure the health and safety of both care workers and residents.  The guidance stated that care home visits could resume once local directors had decided it was safe to do so.

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Upcoming Events

Care Roadshows - Glasgow

Hampden Park Stadium, Glasgow
16th April 2024

Care Show London

ExCel, London
24 April 2024 - 25 April 2024

Future of Care Leaders Conference

The King’s Fund, London
Tuesday 30th April 2024

Care Roadshows - Liverpool

Aintree Racecourse, Liverpool
14th May 2024

Care Roadshows - Birmingham

Villa Park Stadium, Birmingham
16th May 2024

Care Home Awards

Royal Garden Hotel, London, W8 4PT
17th May 2024

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