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A higher judge has said that friends and family can legally visit loved ones in nursing homes, in apparent defiance of recent government policy that has effectively banned routine visits in areas of high Covid-19 infection.
Judge Hayden, vice president of the court of protection that makes decisions for people who lack mental capacity, said the courts are concerned about the impact of the lockdowns on the elderly. He has circulated a memorandum outlining his analysis that the regulations “allow contact with family” and friends and visits are “legal.”
Responded to guidance from the Department of Health and Social Care last month that told thousands of nursing homes in England that visitation should stop in areas with level 2 and level 3 lockdown restrictions, apart from exceptional circumstances such as the end of life.
It unleashed general prohibitions by some municipalities and unleashed the anguish of relatives who warn that lack of contact leads to misery and premature death in some cases. Within a week, the Gloucestershire county council told nursing homes in their area to stop visiting until next spring.
With the lockdown across England starting Thursday, providers of nursing homes, families and groups, including Age UK and the Alzheimer’s Society, have called on ministers to set clearer provisions for visitation at this time. The Superior Court judge’s comments, issued Oct. 15, could further his case.
Judge Hayden said the exceptions in existing regulations mean that contact with residents who stay in nursing homes is legal for close family members and friends. He said the protection court was concerned about “the impact that current arrangements may have on older people living in nursing homes,” citing their suffering.
Family members and residents are increasingly desperate over lack of access, and some feel that their loved ones are effectively “incarcerated.” A promise made Oct. 13 by care minister Helen Whately to begin testing family members to allow them to visit has not been kept.
Whately had told parliament that selected close relatives could be treated as key workers and allowed into nursing homes, saying: “I’m planning to launch a pilot on that shortly.” But no pilot has been launched. Health and welfare department officials say they are “considering plans” and promise more details “in due course.” The rapid response saliva test has been proposed by the NHS test and trace as a way to allow more home visits and is being tested in Liverpool, whose mayor, Joe Anderson, said Tuesday it would be used in residences.
“We can no longer stand on the sidelines and observe the erosion of people’s human rights and the impact of isolation through effective blanket bans on visiting nursing homes,” said a statement coordinated by the National Care Forum before from the vote of parliamentarians on Wednesday new blocking restrictions. NCF represents charitable home care providers and its calling is supported by 60 care organizations, health charities and family groups.
“We know that the isolation caused by restrictions on loved one’s visitation is inherently harmful and we have heard time and again the extreme distress this is causing. After eight months of visitor restrictions, we cannot continue like this, there is simply not enough time for many of those living in nursing homes today to watch and wait. “
Home visiting blocks were introduced in spring to reduce the spread of the virus in settings with highly vulnerable populations. More than 18,000 people have so far died from confirmed or suspected Covid-19 in UK nursing homes.
A spokesman for the department of health and social care said: “We know that limiting visits to nursing homes has been incredibly difficult for many families, but our first priority remains infection prevention to protect the lives of vulnerable residents.”
Some care residents have been in isolation since March, prompting growing concern about the impact on their physical and mental health.
John’s Campaign, which is pushing for greater involvement of family and friends in caregiving, has launched a legal complaint over the government’s visitation policy detailing harrowing cases of separation, according to documents seen by The Guardian.
