Peers Debate New Legal Right To Keep Care Home Residents Connected To Loved Ones
Care home residents and hospital patients could gain a legal right to nominate a relative or friend to support them in person, under an amendment to the Health Bill now before Parliament.
The measure is intended to ensure no one relying on health and care services is cut off from the people closest to them.
Introducing the amendment, Lord Hunt said it would “ensure that any one of us residing in a care home or entering hospital will always have access to a nominated health and care partner”. He told peers he had seen many cases of relatives and friends who raised concerns about a resident’s care and then found themselves banned from visiting, adding: “We have to shift the power imbalance in health and care settings.”
The amendment follows a six-year campaign by Care Rights UK, Rights for Residents and John’s Campaign.
The pandemic brought the anguish that people experience when they are isolated from those closest to them into sharp relief. Separating individuals living in care homes from their families, has been described as ‘inhumane’, ‘barbaric’, and ‘cruel’ by supporters of our campaign who have lived through the pain and distress of having been prevented from having personal contact with those most dear to them.
However, the need for individuals to be able to choose someone to provide them with essential in-person support is not just about what happens during a public health emergency or an infection outbreak. It is about everyday support.
Helen Wildbore, CEO, Care Rights UK said: “We regularly receive calls to our adviceline from people who have been prevented from visiting their family member or friend living in a care setting. This means the autonomy of the person in care is restricted and they cannot choose who can come and support them. It leaves older people cut off from support from relatives and friends which is essential for their well-being.”
Recent examples of restrictions being placed on family members include:
• A parent whose daughter was banned after she raised concerns about a care worker.
• Someone being stopped from seeing their partner after they challenged the move to a care home as the partner wanted to care for them at home.
• A care home resident stopped from having a ‘visit out’ to their daughter, despite having mental capacity about this decision and understanding the daughter did not have access to the same mobility aids.
• Visiting bans being put in place when the person in care gets tearful at the end of visits when family members have to leave.
Helen Wildbore, CEO, Care Rights UK continued: “It’s vital that people can choose who is welcomed as an essential part of their care team. A legal right to nominate a health and care partner would rebalance power in care settings and provide comfort and assurance that someone you have chosen as your eyes, ears and voice can be there for you when you need them.”
Baroness Hallett has recognised the importance of this in the Covid-19 Inquiry report on the care sector published last week, stating: “In a future pandemic, visits from essential carers should be available to all residents where possible and should be distinct from considerations regarding general visiting.” (p125) The report recommended that this protection be framed as a right.
Earlier this year, Anne’s Law was introduced in Scotland, in response to the experiences of care home residents during the Covid-19 pandemic. It strengthens the rights of adult care home residents to see and stay connected with the people most important to them.
Baroness Hallett has indicated that there should be parity across the UK with regard to people’s rights to be supported in care settings and the Health Bill is an opportunity for the Government to take action on this and meet their manifesto commitment: “Labour is committed to ensuring families have the support they need. We will guarantee the rights of those in residential care to be able to see their families.”
