Care Settings: Right to Maintain Contact

Dan Carden Excerpts

Tuesday 24th June 2025 Westminster Hall

[Dan Carden (Liverpool Walton) (Lab)]

I beg to move,

That this House has considered the right to maintain contact in care settings.

I appreciate you chairing this debate, Ms Butler, and I am grateful for having secured the time to talk about an issue that has touched thousands of people and left a lasting trauma across our country.

I start by thanking the extraordinary campaigners from Rights for Residents, John’s Campaign, Care Rights UK and others, some of whom are in the Public Gallery today. I mention Diane, Jenny and Julia in particular, who have supported me throughout my work on this issue. Their tireless advocacy, often fuelled by personal grief, has sustained a powerful call for change. I also thank everyone who has contacted me ahead of this debate to share their stories. I cannot name them all, but together they form a mosaic of heartbreak and courage. Their voices are the reason that we are here today, and I will do my best to honour them.

There are moments in our national life that leave deep scars. One of the most painful of these, still raw for so many, was the enforced separation of families during the covid-19 pandemic. In care settings across the country, people were cut off from those they love, for hours, days, weeks, and months—for some, they were cut off until the very end. Families are still living with the trauma of that separation.

[Claire Hazelgrove (Filton and Bradley Stoke) (Lab)]

One of my constituents, Tracy, came to speak with me at one of my first surgeries. Her mum, Doreen, was one of the individuals my hon. Friend is talking about; she was in a care home during the covid pandemic and was cut off from a lot of contact, and she suffered as a result. Would my hon. Friend agree that it is important those stories are heard as the next steps on this issue are considered?

[Dan Carden]

I am sure my hon. Friend’s constituent will be grateful—as am I—that she has come to add her voice to this campaign. Families are still living with the trauma of that separation, yet even now, people in care settings are still being denied essential human contact.

In those early days, we all understood the need for swift and serious measures to protect public health. But not enough was done to balance that need against the harm of isolation on mental health and wellbeing. Somewhere along the way something vital was lost: the right to connection; the right to love; and the right not to die alone. Let us remember what that meant in real human terms. Elderly people were confined to their rooms in care homes, with no familiar face and no hand to hold. Sick and disabled people were denied a trusted advocate when they needed them the most.

Ahead of this debate, Val wrote to me. She told me how she was forced to watch her mother’s health decline through the pane of a glass window. Her mother lost weight, she lost the ability to walk and to feed herself, and in time she became deeply depressed and withdrawn. However, when visits were allowed again, Val saw a transformation. With regular contact, and with care and love from a family member, her mother began to return to herself. Val told me that:

“It wasn’t the dementia or covid that got her. It was loneliness, isolation and abandonment.”

Gemma also shared her story. She described how her mother was kept in solitary confinement-like conditions. When Gemma’s mum’s partner died suddenly, she had to break the news over a stuttering video call, with no family there to comfort her mother as the grief landed. Those stories represent a pattern of suffering that should never have been allowed and must never be repeated.

[Mr Connor Rand (Altrincham and Sale West) (Lab)]

I would like briefly to mention the case of the Priestman family in my constituency. Paul Priestman, a military veteran, suffered a stroke in 2019 and now requires care. That is being provided in a care home in Rochdale, many miles from the family home. The family have serious concerns about the quality of Paul’s care, but find they are routinely ignored by the care home. Does my hon. Friend agree that the stories he cites and this debate show that, rather than being viewed as essential to the wellbeing of the person in care, families are too often dismissed, ignored or considered an afterthought by care providers?

[Dan Carden]

My hon. Friend totally grasps the seriousness of the issue. It is why campaigners are fighting for a legal right—Gloria’s law—to maintain contact. That would put into law the right to at least one care supporter, a trusted loved one, to provide support and advocacy in all health and care settings, so that no one is ever alone when they need help the most. The campaign is supported by cross-party MPs; more than 100 organisations, including covid-bereaved groups from all four UK nations; charities; disabled rights groups; and bodies such as the National Care Forum.

In response to pressure, the previous Government amended Care Quality Commission regulations to make facilitating visits part of the fundamental standard of care. I pay tribute to the hon. Member for Faversham and Mid Kent (Helen Whately) who steered that through Government in the previous Parliament. The newly inserted regulation 9A requires that in-person visiting in care homes, hospitals and hospices and accompaniment to appointments should always be facilitated by providers in line with people’s needs and preferences. Only in exceptional circumstances should that be restricted.

Although that is a welcome step forward, it has fallen short. Just like the guidance that preceded it, regulation 9A lacks clarity, oversight and accountability. In practice, it is too often misunderstood, misapplied or outright ignored. This past winter, Rights for Residents received hundreds of calls from distressed families who were blocked from seeing their loved ones. Outbreaks of flu or norovirus were being used as justification to deny all access, in some cases for more than two weeks, despite regulation 9A being in place.

I will give a couple of examples. Tina’s mother, who has dementia, was in hospital being treated for pneumonia, when a blanket visiting ban was imposed due to an outbreak of norovirus. It took days of trying before Tina received any update on her mother’s welfare. Days later, she received a voicemail of her mum’s frail voice whispering, “Don’t give up on me, Tina.” Her mental and physical condition deteriorated rapidly during that time, which Tina believes was exacerbated by their separation.

Amanda’s mother, who lost mobility after a brain haemorrhage, depends on family support for personal care and emotional wellbeing. During another blanket ban, Amanda, despite quoting regulation 9A, was told that her mother’s right to contact was not worth the risk. By the time visits resumed, her mother had lost weight and become visibly withdrawn.

Many similar experiences have been reported to Care Rights UK’s advice line, from people denied access to their friends and family, including when the care provider was aware of regulation 9A, but still chose not to comply with it. For example, the charity recently supported someone living with dementia who had had visits stopped as part of a settling-in process in their care home. The provider failed to recognise the importance of maintaining support from familiar loved ones as a key part of dementia care.

To understand the scale of the problem, Rights for Residents ran a national survey between February and May this year. The results are deeply concerning. Four in 10 respondents had never even heard of regulation 9A. One in four reported care settings implementing complete visiting bans since April 2024. Even when family members were aware of and cited regulation 9A, in more than a third of cases that had no effect on visiting arrangements. Many care settings continue to regard regulation 9A as guidance only, which can be ignored without consequence. As Rights for Residents put it:

“These findings indicate that the introduction of CQC Regulation 9A has not been effective or sufficient in upholding the visiting rights of those using health and care settings, and that as a result, people are experiencing avoidable harm from unnecessary visiting bans.”

The conclusion is clear: without a clearly defined legal right to maintain contact, access will continue to be patchy, precarious and far too easy to deny. The postcode lottery of uneven implementation was unacceptable during the pandemic and is unacceptable now. I stress that this is not about unlimited access. Care supporters would be subject to the same appropriate safety precautions as staff. It is about protecting the principle that the connection with loved ones is not an optional extra, but essential to dignified care. No member of staff, no matter how professional or compassionate, can replace the bond between a parent and child, husband and wife, brother and sister, or with a lifelong friend or partner. Loved ones are more than companions. They are vital safeguards. They are the eyes and ears that notice what others might miss. They protect against neglect, spot subtle signs of distress and speak up when something is not right.

To leave this matter to the discretion of individual managers, without clear legal underpinning, is to leave the most vulnerable at the mercy of arbitrary decisions that could severely impact their wellbeing. It is not only a matter of compassion; it is a matter of rights. We all have a right to a family life. That right should not disappear behind locked doors when someone requires care. That is why we are calling on the Government to guarantee the right of every person in a care setting to have at least one essential care supporter—not just guidance and not tinkering around the edges of regulation, but a right, protected in law. During the general election, my party, Labour, promised to make that change in government. That promise must now be delivered. It said:

“We will guarantee the rights of those in residential care to be able to see their families.”

The only way to guarantee that right is through the law.

The review of regulation 9A is due shortly and, from 30 June to 31 July, the covid inquiry will hear evidence on experiences of the care sector during the pandemic. As families relive the trauma of that period, the Government have the opportunity to show them that they have been heard, that lessons have been learned and that action will follow. If we truly believe in dignity and compassion in care, that cannot be delayed any further. We owe it to every family torn apart. We owe it to every patient or resident still facing the risk of being isolated. We owe it to every one of our constituents who fears that when the time comes, they too might be left without a loved one’s hand to hold. This change will cost the Government nothing, but for those it protects, it means everything.

[Dawn Butler (in the Chair)]

I call Liz Saville Roberts.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Diolch yn fawr, Cadeirydd. I am very glad to see you in your seat, Ms Butler, and I am deeply grateful to the hon. Member for Liverpool Walton (Dan Carden) for bringing this debate forward. He will be aware that this is a hugely important topic for the many of us whose experiences with our families during the covid pandemic have not faded into the past.

Visiting restrictions at that time threw a harsh focus on the issue. Between 2 April 2020 and 22 July 2020, UK Government guidance advised against all visits to care homes except in exceptional circumstances, such as “end of life”. End of life? What happens before that matters too. We need to know what the exceptional circumstances in the regulations may have been, because there is obviously room to define them. Fundamentally, though, we need clarification on a legal right.

We need to learn from that time. Following the experiences of many families during the pandemic, more and more voices have called out the inconsistency between the treatment of vulnerable or cognitively impaired adults and the treatment of children, who have a right to be supported by their parents in health and care settings. Of course, it is entirely right that children maintain contact with their parents, and we would rightly be appalled were that denied, but somehow the social needs for love and family contact are regarded as a luxury—a “nice to have” but something that is ultimately expendable—for adults in certain circumstances.

A clear case emerged at the time for the Government to support giving families and carers of dementia sufferers the same rights that parents of sick children have. The Government should allow for family representatives to stay with such patients at any time of the day, and for their role as carers to be recognised and accommodated. It is recognised that changes in environment for people with dementia, such as going into hospital or moving into care, can cause immense challenges. Just think about it: all familiar things and all familiar routines are left behind, and the routines of the institution take over. What is most convenient for the institution is inevitably the priority. We talk about putting the patient first, but we know how flimsy those words are when health and care institutions feel threatened, liable or under staffing pressures.

[Dan Carden]

I am grateful to the right hon. Lady for raising an issue that I did not touch on: the fact that good institutions and good care homes will want the involvement of families. They do not use blanket bans or try to prevent family members from being part of the care of their residents. The worry is that the most vulnerable in the worst-run care settings are most at risk.

[Liz Saville Roberts]

That is exactly the point. The real good that family carers could do for health and care settings that are well run should not be regarded as a nuisance to be fitted in but something that can complement excellent services.

Care and nursing homes operate under a number of constraints, financial and regulatory pressures especially. Many are excellent. They are shining beacons of humanity and kindness and provide a welcoming home. Remember, this is a place where people live and a home for the people who live within their walls, but that is not the case for all those who live in care settings. MPs will almost certainly have been approached by family members who are extremely reluctant to raise questions about the care of a loved one in a home, because they are afraid that their loved one will be evicted from that home. That is what the care home owners and managers can do, so it is our role to raise those concerns and be their voices.

I pay tribute to the many pressure groups and charities that have drawn attention to this issue. Among them are John’s Campaign, Rights for Residents, and Care Rights UK, which was formerly the Relatives & Residents Association. I am personally immensely grateful to Julia Jones of John’s Campaign and dementia nurse Delyth Thomas for their advice after my mother Nancy’s stroke at Christmas 2020 and her final death from dementia a year later. I would like to read a tiny bit that I wrote at the time:

“Many of the key workers with whom we interacted over the last 12 months were extraordinary. We have been beyond lucky to have dealt with a number of nurses, doctors and care workers who had the confidence and humanity to keep to the spirit and not the letter of official edicts. Even so, I touched my mother’s hand only once during the critical six weeks after her first stroke. There were no hugs. Health authority infection policy vetoed family bonds of love as a health hazard to be minimised.”

She used hearing aids, and we could only speak to her through the window, but the batteries were not replaced. She could hear nothing, and we know how important hearing is for reducing the effects of dementia.

Ysbyty Gwynedd and Ysbyty Bryn Beryl—that is the district hospital and the local community hospital—were signed up to John’s Campaign, which enabled me to be recognised as my mother’s carer. If only I had known that months earlier. I of course bear in mind that this was during the covid period, but people need to know their rights. At one stage in early 2022 the staff at the community hospital asked me to come in specifically to help to take pressure off nurses because there was a covid outbreak. I contributed as a carer—I had a role to play. As a family carer I helped that hospital.

I was required to take covid measures—tests and vaccination—exactly as was expected of staff members. That is completely feasible for identified family carers alongside salaried carers—it is an option for us. Family members, as recognised and respected carers, can be a real source of help to hospitals and care settings, if we can only tease apart the web of fear of liability, and a culture that presumes that the human needs of adults with cognitive impairments are limited to food, shelter and a screen in the corner of the room whenever an emergency threatens the organisation that holds their life in its hands.

We are social creatures. If we are denied social contact, we are damaged. We need to recognise that as a human right. Regulations expected to be facilitated in undefined emergency circumstances are evidently failing. I am so glad that health and social care was in the Labour party’s manifesto for the last general election. It was in Plaid Cymru’s manifesto too. Health and social care are devolved, but it is a human right, and that is not devolved; that is a reserved power. I hope that now we have learned the lessons of covid we can move ahead and legislate to make health and social care a human right.

--- Later in debate ---

[Dan Carden]

Thank you, Ms Butler, for getting here so quickly and saving our debate. I also thank the campaigners for coming here today, all hon. Members who participated and the Minister for her understanding of people’s experiences and openness to receiving evidence. I see this as a matter of principle. Sometimes, when the state contracts out services and provision, it oversteps the mark and we forget what really matters, which is the love and care of our families and the people closest to us. No bureaucrat or care home manager has the right to say, “No you cannot maintain contact with the people you love.”

That is something that the law needs to put right. If it can be done, it will be to the benefit of all—the families, those needing care and the institutions providing that care. I hope that the Minister, alongside the Minister for Care, will keep an open mind.

Question put and agreed to.

Resolved,

That this House has considered the right to maintain contact in care settings.