Protecting the rights of care home residents

Strengthened standards ensure fewer restrictions on visiting

Strengthened national guidance on visiting has improved residents’ quality of life Health Secretary Michael Matheson was told by staff and residents at a care home in Greenock.

The Health and Social Care Standards which came into force last April gave people living in care homes rights to see loved ones and name relatives or friends they wish to be involved in their care plans.

The standards have helped deliver the aims of Anne’s Law, ensuring people who live in adult care homes have rights to see and get support from those who are important to them, ahead of the Scottish Parliament considering entering it into legislation as part of the National Care Service (Scotland) Bill.

The Bagatelle Care Home is one of two operated by the Greenock Medical Aid Society. Their “meaningful visits” team, set up during the pandemic to ensure residents had regular, safe contact with loved ones, won the Nursing Older People Award at the Royal College of Nursing Awards 2021.

Mr Matheson said: “Strengthening the standards has allowed us to meet our pledge to introduce the provisions of Anne’s Law as quickly as possible by using existing legal powers. This has minimised disruption to visiting and I am glad to hear how this is already helping residents and their loved ones.

“I would also like to congratulate the staff here at the Bagatelle Care Home on the Nursing Older People award and thank them for their continued hard work.”

Andrea Wyllie, Chief Executive of Greenock Medical Aid Society, said: “Since we introduced meaningful visits safely during the height of the pandemic we’ve seen improvements in residents’ and family members’ overall wellbeing.

“Our data showed an increase in appetites and a significant decrease in those at risk of malnutrition. We saw moods lift and a feeling of life and buzz return into our care homes. We  demonstrated that we could balance the rights of residents and family members in being back together, with the risks that increasing footfall could bring.”

Kevin Mitchell, the Care Inspectorate’s executive director of scrutiny and assurance, said: “We recognise that recent years have been an unprecedented challenge for all those living and working in care settings.

“We have seen countless examples of care services working extremely hard to support people to maintain contact with their loved ones in meaningful ways.

“The Care Inspectorate continues to work closely with partners across the sector and with the Scottish Government to ensure people experiencing care are supported to have meaningful contact with the people important to them.”

Cathie Russell of Care Home Relatives Scotland said: “We are pleased the Health Secretary is marking the one year anniversary of the new care standards which are helping to ensure people can still have contact with loved ones even during Covid and other outbreaks and look forward to this approach being enshrined in Anne’s Law as a matter of urgency.”

Named visitors now permitted to visit care home residents during Covid-19 outbreaks

New guidance will allow care home residents to choose a friend or relative as a ‘named visitor’ who will be able to visit them, even during a managed Covid-19 outbreak.

This is a change to current practice where most homes suspend routine visiting until outbreaks are over. It will allow those living in care homes to continue to have meaningful contact with loved ones, and balance the need for continuing infection prevention and control measures in care homes with the wider wellbeing of residents.

The change will apply to one named visitor when a care home is in a controlled Covid-19 outbreak, and a guidance note has been issued to support care homes to plan for this in consultation with their local Health Protection team.

Revised guidance from Public Health Scotland issued last week has already set out that residents should be able to receive visits from a nominated person even while they are self-isolating as a precaution (i.e. after hospital stays; after being close contacts of a COVID-19 case if fully vaccinated).

Meanwhile Social Care Minister Kevin Stewart has reaffirmed the government’s commitment to introducing ‘Anne’s Law’, to enable people who live in care homes to choose a person or persons to support them in their health and wellbeing, as called for by Care Home Relatives Scotland. A consultation on how best to implement this will be published shortly.

Minister for Mental Wellbeing and Social Care Kevin Stewart said: “Throughout the pandemic, our overriding priority in care homes has been to safeguard and protect staff and residents from infection – but at times that meant that residents were cut off from their loved ones, which we know has caused anguish and distress for many.

“The proposal for a named visitor will provide continuity of meaningful contact for care home residents in managed COVID-19 outbreak situations, helping to protect residents’ wellbeing in parallel by allowing visiting in a safer way, rather than automatically suspending routine visiting during an outbreak.

“We will further strengthen residents’ rights in adult residential settings through the introduction of ‘Anne’s Law’ and a consultation setting out our aspirations for Anne’s Law and seeking views on how best we might make it work in practice will be published shortly.”