Care Settings: Right to Maintain Contact

Ashley Dalton Excerpts

Tuesday 24th June 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for Health and Social Care (Ashley Dalton)]

Thank you, Ms Butler, for chairing this important debate at such short notice, and I thank my hon. Friend the Member for Liverpool Walton (Dan Carden) for securing it.

The Minister for Care, my hon. Friend the Member for Aberafan Maesteg (Stephen Kinnock), has asked me to pass on his apologies; he is unable to represent the Government in this debate as he is currently in session on the Mental Health Bill Committee. However, he joins me in thanking my hon. Friend the Member for Liverpool Walton not only for securing this debate, but for all the work he has done in advocating for relatives and friends to have the right to visit care home residents and patients in hospitals and hospices.

I also thank all those who have shared their personal stories and those who are in the Public Gallery today. I can say without hesitation that the Minister for Care and I agree with my hon. Friend on the importance of visiting in care settings. Contact with family and friends is a crucial part of a person’s care. Indeed, there is evidence that supporting people to be actively involved in their own care, treatment and support can improve outcomes and experiences for people receiving care. No one should be denied reasonable access to visitors when they are in a care home, a hospital, or a hospice. That includes receiving assistance from a care supporter or simply going for a walk with a family member or friend.

Before the covid-19 pandemic care homes, hospitals and hospices set visiting policies based on their specific local circumstances. During the pandemic, restrictions on visiting were implemented to prevent the spread of covid-19. Those restrictions were in response to clinical advice and were designed to protect people living in care or in hospital, who were often among the most vulnerable to the virus. Visiting and accompanying is one of the fundamental standards against which the Care Quality Commission assesses quality of care.

The Government recognise how important visiting is for the health and wellbeing of residents in care homes and patients in hospitals and hospices. We have monitored the position since the new fundamental standard was introduced in 2023. We know that the majority of health and care providers are facilitating visits and recognise their importance. The capacity tracker, a digital tool where adult social care providers self-report data, shows that 99.3% of care home providers are facilitating visits. That figure has been stable since September 2022. However, we also know that there are times when it is necessary for movement in and out of care settings to be temporarily restricted.

[Dr Johnson]

Can the Minister clarify what constitutes a visit in those circumstances? Would an hour’s visit once a week count, or is there a specific timeframe that qualifies?

[Ashley Dalton]

I do not have that data to hand, but I will make sure that it is provided to the shadow Minister afterwards.

While there is sometimes the need for temporary restrictions or modifications to minimise significant risks, the Government hope that such instances are a rarity. It is our aspiration to ensure that visiting policy and practice strike the best possible balance between individual wellbeing and public health needs. I have been really moved by, and taken note of, the evidence put forward by many Members that that may not always be the case.

The right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) talked about her experience with her mother, and brought to life the value that family and friends bring to the emotional wellbeing of the person being cared for and how, as partners in care, they play a key role in delivering that care.

[Liz Saville Roberts]

I am interested to hear the Minister talk about visits, but I think the essence of what many of us have discussed today is that there is a role for family carers alongside salaried carers. We desperately urge the Government to find a way to bring that forward in law.

[Ashley Dalton]

I thank the right hon. Lady for that intervention, and it is noted. The hon. Member for Strangford (Jim Shannon) told the powerful story of his own mother-in-law and his experiences there, and spoke about the importance of family contact, specifically for children in health and social care settings. For the sake of clarity, regulation 9A does not cover children’s homes—there are other regulations for that. We are talking specifically about health and social care settings.

We heard powerful interventions from other Members, including my hon. Friend the Member for Altrincham and Sale West (Mr Rand). The Liberal Democrat spokesperson, the hon. Member for Mid Sussex (Alison Bennett), and the shadow Minister, the hon. Member for Sleaford and North Hykeham (Dr Johnson), asked a series of questions: is regulation 9A sufficient? Can the CQC monitor an Act? What are the exceptional circumstances of regulation 9A? Who is making those decisions? What principle is being followed and how is it being properly monitored?

The Government are committed to understanding the current position and considering how it can be improved. That is why in April we launched a review of CQC regulation 9A: visiting and accompanying in care homes, hospitals and hospices. All the issues raised today will be explored as part of that review. We want the review to be thorough and will consider the experiences of those receiving care, their families and loved ones, providers and health experts, as well as information from the Care Quality Commission, the Local Government and Social Care Ombudsman and the Parliamentary and Health Service Ombudsman. To ensure that we get a wide range of views, we have also opened a call for evidence and are running focus groups, with the first one taking place later today.

The representations made in today’s debate will help to inform the review. I further thank all contributors, and assure them that their contributions have been noted. We are determined to understand whether the expectations set by the regulation are right and that its application in practice works in the best way across care homes, hospitals and hospices, and in relation to visiting and accompanying.

I can confirm for the hon. Member for Strangford that we will look at the experience of all UK nations, including Northern Ireland and Scotland, where the Care Reform (Scotland) Bill, which includes Anne’s law, was approved on 10 June. That law requires care providers to facilitate visits to care home residents and to identify an essential care supporter for each resident.

I can assure hon. Members that we will reflect on the points made here as we conduct the review. We will move fast and ensure that we do justice to this important issue. We need to understand the problems and gaps if we are to draw the right conclusions from the review. We are pressing on with evidence gathering and focus groups right now. We plan to publish the outcome of the review and any further steps in the autumn.