The National Care Forum (NCF) – the leading association for not-for-profit social care has responded to the publication of a DHSC review into the functioning of CQC Regulation 9A. Regulation 9A was introduced in April 2024 and sets out requirements on health and social care providers to make sure:

• people staying in a care home, hospital or hospice can receive visits from people they want to see.
• people living in a care home are not discouraged from taking visits outside the home.
• people attending appointments in a hospital or hospice, that do not require an overnight stay, can be accompanied by a family member, friend or advocate if they want someone with them.

Today’s review finds that while there is a strong consensus on the importance of visiting for health and wellbeing, and a sense from the majority of providers that they are facilitating visiting well, there are clearly still some examples of poor restrictive practices being reported, which shut out families and loved ones from visits and key decision-making moments. In these instances, enforcement and complaints procedures are often unclear and slow.

The review commits the government to consider introducing legislation to ‘promote the importance of family and carers as equal partners in care’.

Vic Rayner OBE, CEO of the National Care Forum commented:

“Since the early months of the pandemic we have pushed for each and every care home resident to have access to what we called an ‘essential care giver’. Since then, over 100 organisations representing millions of people, have come together to support Care Rights UK’s campaign to introduce a legal right to a ‘Care Supporter’: a trusted loved one to provide support and advocacy in all health and care settings. As such we welcome the government’s commitment to explore the introduction of legislation to do just this, and we would encourage it to look at the proposed ‘Gloria’s Law’.

“The people who know us best – our friends and family – are critical to ensuring the best care and support is provided. They know our likes and dislikes, can advocate on our behalf and, perhaps most importantly, continue to be an important part of our lives no matter what our health and care needs are. It is fundamental to the provision of good care and support, as well as an individual’s human rights, that these relationships and connections are actively supported and maintained”.