Proposed legislation on the legal right to visiting in health and care settings has been announced by the government.

The changes will give the CQC new powers to ensure providers are allowing families to visit loved ones.

Minister for care, Helen Whately said: “I know how important visiting is for someone in hospital or living in a care home, and for their families. I know from my own experience too – I know what it feels like to be told you can’t see your mum in hospital. That’s why I’m so determined to make sure we change the law on visiting.

“Many care homes and hospitals have made huge progress on visiting and recognising carers since the pandemic. But I don’t want anyone to have to worry about visiting any more, or to face unnecessary restrictions or even bans.

“I have listened to campaigners who have been so courageous in telling their stories. I encourage everyone who cares about visiting to take this opportunity to have your say on our plans to legislate for visiting.”

Minister of 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.

“We want everyone to have peace of mind that they won’t face unfair restrictions like this, so we want to make it easier for the CQC to identify when disproportionate restrictions and bans are put in place and strengthening the rules around visiting.

“It’s important that people feedback on the consultation, we want to make sure the legislation is right for everyone. If you’ve experienced unjust visiting bans, please share your experience.”

A CQC spokesperson said: “It is absolutely vital that people are able to spend time with the people that they love. During this consultation period we will continue to seek assurances from care home providers about how they are supporting visiting to happen and we are verifying this information when we go out and inspect.” 

With the new legislation, the CQC will be able to enforce the standards by issuing requirement or warning notices, imposing conditions, suspending a registration, or cancelling a registration.