By Rosalind Hughes, founder of Just Caring Legal
It is a sad reality that regular visits from close friends and family often make the difference between good and inadequate care. You know your relative best. You are best placed to read the verbal and non-verbal signs and notice if something is amiss. And you are most likely to raise concerns with staff members and escalate them if necessary. Most times, you know instinctively when they are distressed, going downhill or just not getting the care they need. In short, you will always speak up if something isn’t right. Without this vital input from you, vulnerable residents of care homes are at risk from far more than Covid-19.
Blanket bans on care home visits have been judged to be unlawful
This is why blanket bans on care home visits during the Covid-19 pandemic have been so damaging. With some heroic exceptions, most homes have banned even close relatives from seeing residents in line with Government lockdown guidance. Many have not fully lifted bans since March when the pandemic first hit. The Government is working on a target to have visitor testing in place for all care homes by Christmas. But should close family and friends ever have been refused the chance to visit in the first place? A senior judge in the Court of Protection has said they should not. He has circulated a memo pointing out that visits from close friends and relatives are lawful, even under the current lockdown regulations.
Mr Justice Hayden recognised the impact of isolation on vulnerable people in care and the suffering this has caused. The lack of contact with friends and family, especially for those with advancing dementia, can cause acute physical and mental ill health. In many cases, it can lead to the person “giving up” and dying earlier than they would have done otherwise. The damage taking place at the moment is immeasurable – and irreparable.
Bans on care home visits may lead to inadequate care
Many families also fear the lack of visits may lead to declining care standards. Of course, we all commend the above-and-beyond efforts of our care workforce to keep our most vulnerable citizens safe and well. But sadly, we know staffing and health crises within homes sometimes lead to stretched services and in the worst cases, neglect.
Visits help ensure the right care package to meet needs
Making sure your relative is getting an adequate care package that fully meets their needs is impossible if you can’t see them regularly. It is entirely possible that their health condition has worsened during lockdown. This is likely to make their care needs more complex and unpredictable, which in turn may have a bearing on who should pay their care fees. Those who have been self-funding, for example, may now be eligible for NHS Continuing Healthcare. This is fully funded care available from the NHS that is designed to cover all care arising from a primary health need.
It is time to challenge blanket bans on visiting close family members or friends in care
Most homes are looking closely at what they can do to make your visit safe, including providing PPE and rapid testing. Only you know whether the risks of visiting your family member are likely to outweigh the benefits to them. But the benefits may be great, from relieving their mental distress, to ensuring they have the right level of care. So if you are still finding it difficult to gain access, then call us today. With our specialist expertise in both law and care home policies, we may well be able to help. After all, after up to nine long months, there may be no time to waste.