Care Settings: Right to Maintain Contact

Liz Saville Roberts Excerpts

Tuesday 24th June 2025 Westminster Hall

[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 ---

[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.