The Department of Health and Social Care has announced that the government is considering introducing new legislation for visiting in health and care settings. Their aim is to make visiting a legal requirement by implementing secondary legislation that would amend the existing regulations of the Care Quality Commission (CQC). This can be achieved by including visiting as part of the fundamental standards of 'person-centred care' or 'dignity and respect', or by introducing visiting as a completely new fundamental standard (DHSC’s preferred option). The consultation document can be accessed here.

These new regulations would apply to various settings registered with the CQC, including NHS hospitals, independent hospitals, care homes for adults of all ages, and hospices providing palliative and end-of-life care. By implementing these regulations, the CQC would be able to identify situations where the expected standard of visiting is not being met. The CQC would also have the authority to enforce these standards by issuing notices, imposing conditions, or even suspending or cancelling registrations.

The consultation seeks feedback on different aspects, including current visiting practices, existing guidance, and legislation on visiting, the possibility of introducing secondary legislation, visiting arrangements outside of care settings, and the potential impacts and implications of the proposed policy. The consultation focuses on visits from family, friends, and volunteers. It does not affect the arrangements for visiting professionals.

DHSC is also considering how they might consider reasonable explanations and specific exceptions to the proposed regulations. They have suggested a few options they are considering as reasonable exceptions depending on circumstances:

• If the resident or patient does not wish to receive a visitor
• If a visitor is confirmed to have an infectious disease or is confirmed to be a contact of someone who has an infectious disease
• If the person being visited has an infectious disease or there is an outbreak in the care home or hospital
• If a visitor is a risk to the physical and/or mental health and wellbeing of residents, patients and/or staff
• If a patient’s treatment plan does not include visiting, in order to aid their recovery
• If a visitor is requesting to visit at a time outside standard, reasonable, visiting hours (such as late at night or early in the morning)
• If there is an unforeseen emergency occurring in the home or hospital and visiting cannot be safely accommodated
• If the care home or hospital does not have the capacity to receive a large number of visitors

You can provide your feedback on the consultation by completing the online survey. The consultation closes on 16 August 2023 at 11:59pm.