Care home refusing to follow government guidelines

[threestars]

Is anybody else experiencing this?
Mum's home is less than a 5 minute walk to the family home.
Dad spoke with them about pushing mum in her wheelchair around to their garden. Care home said if that happens she'll have to isolate for 2 weeks. We pointed out new government guidance and they said it isn't law and they can choose whatever rules they want for the home.
Dad doesn't want to upset them but mum is so depressed.
She's had 2 Pfizer jabs as has Dad and my sister.
Is it just my Mums care home, or is it a wider problem? Or did we misinterpret guidance?

There are a lot of care homes that unfortunately seem to be making up their own rules. I honestly don't know how they are getting away with it. I've been battling my mums care home about taking her out, they relented at last when I showed them on the government website exactly what the guidelines said. You haven't read the guidelines wrong. All you can do is keep on at them, they seem to be a law unto themselves and somehow get away with it. Good luck and keep pushing.

Also isn't it strange when the guidelines said we couldn't take the out the homes said we are following guidelines, now all of a sudden they csn make their own rules!!

Thanks - she only just came out of isolation a couple of weeks ago after a short trip to the hospital for a chest infection ( we had noticed she wasn't quite right during a visit through the window and insisted on a doctor. Not sure how they missed it).
It felt like she was being punished for having been ill, but since it was according to gov guides we had to accept it.

I’d have a chat with them to see when/if they plan to change their rules and then speak to other homes to see if they are doing the same. If it’s going to be a long term/indefinite thing then you could look to change the home, although that cause a lot of confusion and upheaval.

I’d also weigh up on what is happening in the country as well as the government guidance to make sure you are making the right decision (and I do think having company and MH can outweigh some level of covid risk) for all of you.

@Shitzngiggles

There are a lot of care homes that unfortunately seem to be making up their own rules. I honestly don't know how they are getting away with it. I've been battling my mums care home about taking her out, they relented at last when I showed them on the government website exactly what the guidelines said. You haven't read the guidelines wrong. All you can do is keep on at them, they seem to be a law unto themselves and somehow get away with it. Good luck and keep pushing.

They are private businesses and can set whatever rules they feel appropriate to keep their staff and residents safe.

Thanks Sunbathing - I am really interested to hear if many places are allowing these visits or whether it's just something you read in a newspaper but not see in reality.

Our hospital has had no Covid patients for a month.

This isn't just happening to the elderly.
My 40 year old brother is severely disabled, wheelchair bound. His level of understanding is that of a toddler. My parents (mum especially) were distraught last year not being able to see him. Then a period where he was allowed home for overnight stays, extended stays over Christmas and Easter.... now with them all vaccinated he would have to isolate if he visited. He had a period of isolation with suspected covid and he lost it, he just doesn't understand. He's very sociable and enjoys constant company.
My parents have been forced to take him out and have him home with them for the last 2 weeks as none of them could cope mentally again with forced separation. Added to that they can barely physically cope with an 11 stone non weight bearing adult.
Write to your local MP, try to involve as many people as possible to lobby a change. We've all suffered, but the most vulnerable are still needlessly suffering.

@Comefromaway that well may be true. Not sure why that makes it ok though to keep our relatives locked up like they have been doing. It's inhumane the way care home residents have been treated. And they seem to follow guidelines when it suits them without setting their own rules when it suits them.

@Comefromaway and my mum caught covid during the first wave when she'd had no visitors for months so she didn't catch from us. I imagine thsts how a lot of care home residents caught it.

@Comefromaway in theory that may be true but not when it comes to peoples human rights! Individuals and their families did not agree to these terms when moving into the home. You cannot lock them away forever. Prisoners have been treated better than those in care homes throughout this.

Join the rights for residents group. They are campaigning for the guidelines to become law. Isolation worsens dementia and decreases quality of life for residents.

We have had the same experience. The care home quotes “government and local authority guidelines” but then only applies them late and in the most restrictive way possible. They are also represented on the LA bodies setting local rules. Obviously their voice needs to be heard, but there is a clear conflict of interest there.

Now that all residents, all staff and all visitors are fully vaccinated they actually have MORE restrictions in place than they did last summer when none of that applied. For example, garden visits are now prohibited. They managed these last year with no infections. So what is the justification for banning them now?

They argue that they are protecting residents and staff but their policies are depriving residents of their fundamental rights. This is being done in an arbitary way, with no evidence base, and without any attempt to balance health protection v the right to a family life or to address the issue of length of life v quality of life. I am not saying these questions are easy, but they do need to be addressed.

They pay lip service to opening up more - but I already know they will use the Indian variant as an excuse not to do this. I think this creates a major safeguarding issue.

There is no scrutiny of what goes on inside the home. For their one visit around once a week/10 days, residents are dressed up and wheeled out to a designated visiting area. Family visitors cannot enter the common areas or the residents rooms so it is impossible to assess the conditions they are living in on a day to day basis. They also have a carer sitting in on all visits - ostensibly to keep an eye on the resident if behind a screen or to prevent unauthorised contacts during contact visits - but actually listening in to the conversation and providing answers to questions when residents cannot speak for themselves. If a resident did want to make a complaint they would be unable to do so.

I think the only way to shift this would be to hint at moving residents to homes with a more liberal visits/excursions policy. But I think the care homes are alive to this and there is a lot of co-ordination between them.

Doubtless when THE INQUIRY comes care home policies will get a big red flag. But until then our relatives will remain warehoused in their bubbles.

Thanks Oysrercatcher.
It's had to involve so much trust, hasn't it? And when you finally get the hope to see them again and there's a blanket No with no discussion, it chips away at that. Fortunately her carers are lovely, but management is stand-offish and the place seems under-staffed at the best of times.

We pointed out new government guidance and they said it isn't law and they can choose whatever rules they want for the home.

OP - they still have to obey the law of the land. Local authorities, Director of Public Health and care homes cannot have blanket policies. Care homes must have regard to:

1. The Equality Act 2010 - a right to individualised risk assessments for visits under section 19
2. The Humans Rights Act 1998 - section 6 for people, funded by local authorities - no blanket policies; ie individual risk assessments for visits
3. The Care Act 2014 - all care homes must promote the well being of the residents
4. DOLS - if your relative does not have capacity, and they are under DOLS, then it should be the least restrictive option

John's Campaign has taken up the plight of care home residents:

johnscampaign.org.uk

They go into more detail about essential caregivers; and visits and care home residents in their guidance about the above laws.

They have engaged Leigh Day, the leading human rights lawyers to act for them. They have threatened the government with judicial review over 14 days isolation following essential medical appointments and short trips outdoors. Hence the change in guidance about those.

The government issued new guidance on Friday about care home residents and visits out. I believe that Leigh Day will be looking at the new guidance, with a view to judicial review against the government about the 14 days isolation, following visits to family.

As for the care home insisting on staff being present, when you visit your relative, I'd remind them that under Article 8 of the Human Rights Act 1998, residents have a right to a private and family life. It's also in the CQC regulations - Regulation 10 Dignity and Respect says:

"This includes making sure people have privacy when they need and want it."

They are certainly allowing visits out at my Dad's care home. On Tuesday I saw at least 6 residents being helped out to their waiting relatives and heading off in cars for a little trip. It made my heart sing to see them go although also a little sad that my Dad is now far to ill for that to be a possibility for us.

This article is interesting

I had no visits for a year - closed window visits were allowed after about 6 months, but just distressed my dad as he thought I had important information for him which he couldn't hear.

Then in April bookable supervised visits with a single named visitor (me), held in the dining room (which has direct access to outside)

Last visit was in his room, not supervised, and I'm told that we can now have 5 nominated visitors, up to 2 at any one time, and we can take him out for a walk (but not indoors) with no need to isolate.

The relatives and residents association is here: www.relres.org/