Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what assessment he has made of the adequacy of Regulation 9A of the Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2023 in protecting the mental health and wellbeing of vulnerable people in health and social care settings during pandemic disease outbreaks.

The Care Quality Commission Fundamental Standard on Visiting and Accompanying (Regulation 9A) came into force on 6 April 2024 to strengthen the requirements for health and care providers to facilitate visiting, including during pandemics, as long as it is safe to do so. Visiting is essential to supporting the health and wellbeing of patients and residents, and enabling loved ones to provide support and advocacy.

We continue to monitor the situation regarding visiting through Capacity Tracker data and intelligence from external partners. We will conduct a review of Regulation 9A from April 2025, 12 months on from the legislation coming into force, to assess whether the legislation has been effective in addressing concerns about visiting in health and care settings. In conducting the review, we will draw on a wide range of evidence, including data, intelligence, and the perspectives of people and organisations with an interest.

Depending on the outcome of the review we will consider whether further action is needed.