The government is considering making it unlawful to restrict visiting rights in health and care settings after its review showed lower than expected compliance with regulations.
Allowing visitors into care homes could become law if a fresh bid to ensure providers remove “unnecessary barriers” to residents seeing ‘families and loved ones’ isn’t effective, the government has said today.
Ministers are ‘exploring bringing forward proposals for legislating visiting rights as part of wider reform work’ to ‘further strengthen visiting rights’ in care and health settings after a review of regulations strengthened in 2024 ‘revealed that many people continue to face barriers in visitation,’ the Department of Health and Social Care said.
The move comes as ministers said the “pandemic brought into sharp focus the profound impact that restrictions on visiting can have on individuals and families….and caused distress and harm”.
In a joint statement, the care minister Stephen Kinnock, secondary care health minister Karin Smyth and women’s health and mental health junior minister Baroness Gillian Merron added it is their “responsibility to ensure that the lessons of the pandemic are not forgotten”.
The Department said it will now send draft advice for care homes, hospitals, and hospice providers to use to explain any necessary visiting restrictions in place to residents, patients, and family members.
It also said it would produce a ‘public-facing decision-making process map which sets out important considerations for providers when making decisions about restrictions.
An explainer sheet or poster for people that details their visiting ‘rights’ under Regulation 9A and routes to complain if they feel these are not being followed will also be made available, the Department said.
The materials will be co-produced with people who have experience of the system, so they reflect 'real needs', according to today’s announcement, which added that ministers ‘will work closely with the Care Quality Commission (CQC) to ‘make sure visiting is a core part of its reform programme’.
The current ‘9A’ regulation was introduced as a CQC ‘fundamental standard’ on visiting rights for care homes, hospitals and hospices in April 2024 after Covid 19 restrictions were lifted.
It was designed to allow people in care homes, hospitals or hospices to receive visits from people they want to see, ensure care home residents are not discouraged from taking external visits and allow people to take a family member, advocate or friend to an outpatient appointment.
The recent review of 9A’s effectiveness found that, while it ‘ helped to clarify expectations, reinforce good practice and provided legislative protection for visiting,’ it found gaps in ‘important areas’ of data awareness and understanding, decision making processes, communication of restrictions by providers, distinction between ‘visitor’ and ‘care supporter’ and monitoring and enforcement, the government said.
The regulator does not currently have any legal powers to compel homes to inform them of any changes to visiting rights status or share live data on visiting levels but does encourage people to report concerns, as it could inform a wider picture of care quality being provided and where and when to inspect.
Similarly, inspectors cannot decide to prosecute if visiting regulations are breached, but can take regulatory action, such as issuing a requirement to improve notices.
This could change if ministers decide to make the regulations statutory.
‘Basic part of good care’
Minister of State for Care, Stephen Kinnock, said: “Contact with family and friends should not be seen as a luxury but a basic part of good care.
“This system must work for residents, patients and their loved ones, and we are ensuring it does. These changes will protect patients and residents, give families a stronger voice, and help make sure care is more compassionate, open and humane.”
The chief inspector of adult social care, Chris Badger, said the regulator welcomed the “continued focus on ensuring that visiting and accompanying are recognised as essential components of safe, person‑centred care”.
“We remain committed to ensuring providers uphold the requirements of this regulation through transparent, proportionate, and well‑evidenced decision-making, particularly where any restrictions are considered.
“As we continue to develop how we assess providers, we will embed visiting expectations into our framework and guidance, helping providers to maintain a culture of openness that protects people’s rights and strengthens the involvement of families and care supporters in their loved one’s care,” he added.
Care Right’s UK chief executive Helen Wildbore said the organisation “welcomed the news that ministers are exploring legislative change to promote the importance of family and carers as equal partners in care” as it “continually support[s] older people who have access to their trusted loved ones restricted, limiting vital practical support they offer, and causing serious detriment to wellbeing and dignity.
“The legal right to a Care Supporter would ensure everyone has access to their trusted loved one when they most need support,” she added.
