Parliament is debating a new legal right to ensure no-one is left cut off from relatives and friends in care homes, hospitals and other care settings. An amendment to the Health Bill aims to give everyone relying on health and care services the right to nominate a trusted relative or friend to provide in-person support.
Shifting the power imbalance in health and care settings
Introducing the amendment on 28th October, Lord Hunt said it was to “ensure that any one of us residing in a care home or entering hospital will always have access to a nominated health and care partner… I have seen a lot of case studies where visitors, relatives and friends, have raised concerns about the person who is resident then found themselves banned from visiting. This is really a very difficult situation. We have to shift the power imbalance in health and care settings.”
Care Rights UK has been campaigning for six years alongside Rights for Residents and John’s Campaign for everyone to have this legal right to in-person support from a health and care partner when they are in a hospital or care setting.
The pain of the pandemic
The pandemic brought the anguish that people experience when they are isolated from those closest to them into sharp relief. Separating individuals living in care homes from their families, has been described as ‘inhumane’, ‘barbaric’, and ‘cruel’ by supporters of our campaign who have lived through the pain and distress of having been prevented from having personal contact with those most dear to them.
Everyday support
However, the need for individuals to be able to choose someone to provide them with essential in-person support is not just about what happens during a public health emergency or an infection outbreak. It is about everyday support.
Visiting restrictions
Helen Wildbore, CEO, Care Rights UK said: “We regularly receive calls to our adviceline from people who have been prevented from visiting their family member or friend living in a care setting. This means the autonomy of the person in care is restricted and they cannot choose who can come and support them. It leaves older people cut off from support from relatives and friends which is essential for their well-being.”
Recent examples of restrictions being placed on family members include:
A parent whose daughter was banned after she raised concerns about a care worker.
Someone being stopped from seeing their partner after they challenged the move to a care home as the partner wanted to care for them at home.
A care home resident stopped from having a ‘visit out’ to their daughter, despite having mental capacity about this decision and understanding the daughter did not have access to the same mobility aids.
Visiting bans being put in place when the person in care gets tearful at the end of visits when family members have to leave.
Helen Wildbore, CEO, Care Rights UK continued: “It’s vital that people can choose who is welcomed as an essential part of their care team. A legal right to nominate a health and care partner would rebalance power in care settings and provide comfort and assurance that someone you have chosen as your eyes, ears and voice can be there for you when you need them.”
UK Covid-19 Inquiry
Baroness Hallett, the chair of the UK Covid-19 Inquiry, has recognised the importance of this in the Inquiry report on the care sector published last week, stating: “In a future pandemic, visits from essential carers should be available to all residents where possible and should be distinct from considerations regarding general visiting.” (p125) The report recommended that this protection be framed as a right.
Changes in Scotland - Anne’s Law
Earlier this year, Anne’s Law was introduced in Scotland, in response to the experiences of care home residents during the Covid-19 pandemic. It strengthens the rights of adult care‑home residents to see and stay connected with the people most important to them.
Baroness Hallett has indicated that there should be parity across the UK with regard to people’s rights to be supported in care settings.
Labour Party Manifesto commitment
The Health Bill is an opportunity for the Government to take action on this and meet their manifesto commitment:
"Labour is committed to ensuring families have the support they need. We will guarantee the rights of those in residential care to be able to see their families.”
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Further reading
Hansard: Health Bill - Hansard - UK Parliament – the right to a health and care partner was debated on 28 Oct and adjourned until the next sitting on 3 November
Care Rights UK campaign for Gloria’s Law – the legal right to a care supporter (also known as a health and care partner): Gloria's Law — Care Rights UK
Covid-19 Public Inquiry Module 6 Report on Care Sector: UK Covid-19 Inquiry: Care Sector (Module 6) Report - GOV.UK
Anne’s Law: The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: Anne's Law - code of practice 31 March 2026 - gov.scot
Labour Party Manifesto: Change Labour Party Manifesto 2024 (p101)