Government promises stronger visiting rights for people in health and care settings following review of Regulation 9A

Regulation 9A of the Health and Social Care Act 2008 explains what care homes, hospitals and hospices must do to make sure they respect the right of each person to receive visits and to be accompanied.

However, following a review of Regulation 9A by the Government, particular concerns were raised about blanket restrictions and family members being denied access to vulnerable patients, as well as residents and families being cut out of decisions around care or visitation.

In light of the issues raised, the Government announced it is to distribute “comprehensive guidance and resources” to make visitation rights clear.

Meanwhile, to make sure people’s rights are being protected, the DHSC will work closely with the Care Quality Commission (CQC) to monitor compliance and intervene where necessary.

Resources that health and care settings will receive include:

• 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;
• draft advice for care homes, hospitals, and hospice providers to use to explain any necessary restrictions to residents, patients, and family members;
• a public-facing decision-making process map which sets out important considerations for providers when making decisions about restrictions.

Ministers are also exploring bringing forward proposals for legislating visiting rights as part of wider reform work.

This would further strengthen the framework around visiting rights - embedding a culture of “open visiting” and reinforcing the right to be supported by loved ones in settings across health and social care, the Government noted.

Minister of State for Care Stephen Kinnock said: “No one should be separated from their loved ones unnecessarily. 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.”

Lottie Winson