We successfully challenged a ban on visiting during an outbreak

1 November 2023

Juan is in his 80s and lives in a care home close to his son, Carlos. Three residents in the home tested positive for COVID-19, so the manager declared an outbreak. The manager sent a mail-out to all residents’ families banning all visits until further testing took place.

Carlos used to visit his father regularly. During these visits, Carlos would only see his father in his own room and didn’t come into contact with any other residents, so felt the ban on visiting wasn’t necessary or reasonable. Carlos contacted the Care Rights UK helpline for some advice.

“I feel the only thing I can do for my father now is visit him.” Carlos

The advisor sent Carlos an extract from the Government guidance on COVID-19 for care homes, which clearly states that visits should continue during outbreaks:

“In the event of an outbreak of COVID-19, each resident should (as a minimum) be able to have one visitor at a time inside the care home.” Government guidance

 The advisor also pointed out that the blanket ban was unlawful, as it doesn’t take into account Juan’s individual circumstances and rights.

Carlos sent this information to the care provider and the following day the manager reversed their decision. Another mail-out was sent to residents’ families clarifying that visits could continue.

“Many thanks for your help.” Carlos