Campaigners are challenging government guidance that puts a ‘blanket ban’ on trips out of care homes to visit friends and family for residents aged over 65, including over Christmas.
Lawyers representing John’s Campaign have sent a pre-action letter to Health Secretary Matt Hancock saying they are considering a challenge to the lawfulness of the department’s ‘Making a Christmas bubble with friends and family’ and ‘Visits out of care homes’ guidance published on 1 December.
John’s Campaign argues the guidance, and a lack of individualised risk assessment for every resident who wants to leave the home to visit loved ones at Christmas, are unlawful.
They say the guidance “fails to accurately express the law and to advise care homes on their legal obligations” to people aged over 65.
John’s Campaign has asked Matt Hancock to change the guidance to make it clear that there is a legal obligation for care home providers to make separate decisions about each individual resident, regardless of their age, based on individualised risk assessments.
It has also asked for clarification on the 14-day self-isolation rule for residents returning from a trip out.
John’s Campaign founders Julia Jones and Nicci Gerrard said: “The government has been promising guidance on visits out of care homes since July – whether a trip to the family home, a walk by the river or a drive in the family car.
“This has not been forthcoming. People living in care homes have been effectively imprisoned and denied these simple pleasures with the sanction of two weeks in isolation should they step outside the gates.”
They continued: “Now they are told that only those under 65 may be considered eligible for the freedoms enjoyed routinely by the rest of the population. And if they do accept an invitation they must be confined to their rooms for 14 days on return! This is outrageous. Will care home staff who have enjoyed Christmas with their families be self-isolating for 14 days before they return to work?
“It’s time the government and other authorities began treating these most senior citizens and their families as adults able to make their own sensible and well-informed assessments of risk and benefit – and support them in so doing.”
John’s Campaign withdrew an application for judicial review of guidance for family visiting to loved ones in care homes after the government changed its guidance to address key points raised by John’s Campaign at the start of November.
