CQC’s final guidance on visiting and accompanying in care homes has now been published for providers. It covers how to meet the new fundamental standard Regulation 9A (Health and Social Care Act 2008 (Regulated Activities) Regulations 2014) (“Regulation 9A”).

Regulation 9A: Visiting and accompanying in care homes, hospitals and hospices – Care Quality Commission (cqc.org.uk)

Each person has a right to receive visits and be accompanied to appointments if they so wish. Providers must consider that any restriction to a person’s right to receive visitors is lawful, has a legitimate aim and is proportionate. It is the responsibility of the provider to ensure that appropriate assessments of need and preferences takes place and as a result, any measures or precautions as necessary and proportionate to facilitate a safe visit are put in place.

Providers must keep the following key principles in mind, to ensure they are meeting Regulation 9A:

1. providers must support service users to receive visits in person unless there are exceptional circumstances which due to safety concerns, prevent this from being possible;
2. any restrictions must be the least restrictive option with reasonable adjustments made where necessary;
3. any restriction must be decided upon with consultation from the relevant individual, their family friends and or advocate as appropriate, with preferences followed;
4. the restriction must be communicated to the relevant individual; and
5. any restrictions must be subject to regular reviews.

Providers must continue to undertake individual risk assessments and be able to demonstrate this with good care planning. Regulation 9A is focussed upon ensuring discussions and decisions take place, encouraging a human rights based approach in recognition of the need for service users’ social contact and maintaining community connections. The focus of Regulation 9A is not upon resource.

Providers must consider that any restriction to a person’s right to receive visitors and or be accompanied to visits is lawful, has a legitimate aim and is proportionate.

If you have any concerns or require advice for your service on meeting this fundamental standard, do not hesitate to contact our Social Care Team.

For more information or to receive detailed training on the CQC Fundamental Standards contact our social care team.