New legislation protecting the rights of families to visit care homes has come into force.

As of 6 April, service providers which carry out regulated activities will be required to facilitate visits for service users unless there are exceptional circumstances why this cannot happen. 

The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2023 ensure that when a service user is having an overnight stay in a care home, hospital or hospice, they must be facilitated to receive visitors.

Care home visiting can also now be enforced by the regulator as part of its existing civil enforcement powers with the right now a fundamental CQC standard that can be included within its inspection framework.

A Department of Health and Social Care spokesperson said: “Contact with family and friends is a crucial part of a person’s care and no one should be denied reasonable access to visitors while they are a resident in a care home, or a patient in a hospital or hospice. This includes having a loved one at a hospital bedside for a crucial diagnosis discussion, receiving assistance from a ‘care supporter’ or simply going for a walk with a family member or friend.

“This new fundamental standard gives CQC a clearer basis for identifying a breach by a care home, hospital or hospice and will enable CQC to use its existing powers to ensure that providers comply with the requirements unless there are exceptional circumstances.” 

Reaction

Mathieu Culverhouse, expert public law and human right lawyer at Irwin Mitchell, said: “This is a welcome introduction that provides much needed clarity to the law around care home visiting and will have a positive impact for many people in care homes, and for their loved ones.”

Helen Wildbore, director of Care Rights UK, said: “Creating a new fundamental standard on visiting is a huge step forward in recognising the importance of relationships with family and friends. We are pleased the government and CQC have acknowledged this as a vital part of good care.

“We hope the new regulation will remove the postcode lottery, ensuring people can maintain contact with loved ones across all settings. Meanwhile, we will continue to push for a new legal right to a care supporter, which is not about visiting but about the right to the support of someone we’ve chosen to act as our eyes, ears or voice when we need them, as a partner in care.”

Updated CQC guidance on visiting released last week can be found here.