Last Updated: August 13, 2026

If you have a loved one in a care home and are facing care home visiting restrictions, it’s important to know that you have options. Nicky Sharma, Policy and Research Officer at The Relatives & Residents Association (R&RA), explores how you can push back against excessive restrictions and advocate for your loved ones’ rights to have contact with friends and family.

Care home visiting rights have changed significantly in recent years, and the legal position is now much clearer. From understanding the current rules to knowing and using your rights, in this blog I will provide practical tips and advice to help ensure that residents receive the care and connection they need and deserve. This article covers the position in England.

Since 6 April 2024, Regulation 9A of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 has placed a clear statutory duty on care homes to facilitate visits. The key principles are:

  • Regulation 9A requires care homes to facilitate visits and limits restrictions to exceptional cases only.
  • Any limits must be individual, risk-based, time-limited and reviewed regularly.
  • Essential visits – including end-of-life visits – should continue even during infection outbreaks, according to current UKHSA outbreak management principles.

Many care homes have followed the rules and facilitated contact with loved ones. However, we also know that many people around the country continue to face excessive care home visiting restrictions.

Care home visiting rights: still a postcode lottery

A March 2026 government review by the Department of Health and Social Care found that 31% of respondents had faced visiting restrictions since April 2024. Problems included limited hours, visitor caps and full bans in some homes. The review also found that families were frequently excluded from decisions about restrictions – something ministers have said they intend to address through further legislation.

We regularly hear of such cases on our helpline and we know that even seemingly minor restrictions, like booking systems or time-limited visits, can have a huge impact. Whatever the reason you may encounter excessive restrictions, it is vital you understand your rights and what you can do.

Understanding your care home visiting rights

People in care settings are afforded certain rights under the law, and care providers have legal obligations towards their residents. Here, we summarise a few key points to remember:

  • People in care settings have a right to private and family life according to Article 8 of the Human Rights Act, meaning their right to have contact with family and friends is protected by law. This is not an absolute right, which means it can be restricted, but only if the restriction is lawful, has a legitimate aim and is proportionate to the risk.
  • Blanket approaches and decisions to restrict visiting are unlawful under the Equality Act and the Human Rights Act. Instead, the law requires that individual risk assessments are carried out. The individual risk assessment must demonstrate how an interference with the resident’s right to family life is proportionate to the risk, and it must also consider the harm caused by restrictions to the resident’s physical and mental health and wider wellbeing.
  • Care homes must also comply with the CQC’s regulations, which require person-centred care and the protection of residents’ dignity (CQC Regulations 9 and 10). Regulation 9A now sets a clear statutory duty on visiting, and the CQC expects providers to keep records showing the resident’s preferences, who was consulted, the rationale and when the restriction will be reviewed.
  • If you have a legal role, such as being Power of Attorney for Health and Welfare, then the provider must not put in place restrictions that prevent you from being able to carry out this role.

Case study 1

When Julie’s care home locked down in the summer of 2022, all visits were banned and residents were confined to their rooms. Her daughter, Lorraine, was very concerned about the restrictions.

After reading R&RA’s guide ‘Visiting and the Law’, Lorraine asked the care home to see a copy of her mum’s risk assessment. The home had not done an assessment for Julie, so arranged for this to happen. Lorraine quoted sections of R&RA’s guide about Julie’s rights and suggested changes to the risk assessment to reflect the harm caused by isolation. The home changed its policy and Julie was allowed visits from her daughter again.

Using your rights

Finding yourself banned from visiting your loved ones can be really distressing. If this happens to you, you should first contact the care home’s staff or management team and discuss it with them.

While there is no one-size-fits-all approach, we find it is best to start with a calm and friendly approach. Remind them of their obligations under the law and emphasise that your contact will support their work and is in the best interests of your loved one. All care homes should understand the value of care and support provided by family members. It is important to keep the focus on the resident, their wellbeing and their rights.

You can ask them if they have carried out an individual risk assessment and to see a copy of it if so. The care home should be taking into consideration the individual resident’s rights, needs and wishes – including the resident’s own expressed preference to receive visits, which Regulation 9A specifically requires providers to reflect.

You can ask them if they have considered all the alternative options and whether there are logistical barriers preventing access which could be overcome by using alternative approaches. You can also ask whether they have considered how to manage the risk in a less restrictive way. A useful checklist when challenging a restriction: ask what the legal basis is; ask when it will be reviewed; ask what less-restrictive precautions were considered; and ask whether the resident’s own wishes have been recorded.

If you are not able to resolve the issue informally, it is important to get things in writing. You can use our template letter, available here (see ‘Infection Outbreak’). In some cases, it may be necessary to file a complaint – the care home must provide you with information about its complaints procedure when requested. If the complaint is not resolved, the Local Government and Social Care Ombudsman can investigate, and has upheld complaints where homes continued to refuse access after restrictions had been lifted or failed to account for a resident’s expressed wishes.

Case study 2

Deborah used to have daily visits from her husband Tony in her care home prior to the pandemic. When Deborah was placed in isolation and Tony’s visits were stopped, their daughter, Lisa, called the R&RA Helpline.

R&RA’s adviser informed Lisa about Deborah’s legal right to family life. The adviser also sent Lisa R&RA’s guide ‘Visiting and the Law’, which explains the relevant legal duties regarding providers.

Lisa emailed R&RA 24 hours later to say that, after sharing this information with the home and making a formal complaint, Deborah was immediately removed from isolation and Tony was able to visit her in her room.

Relatives and friends are much more than just visitors. They are a lifeline and should not face a battle to be recognised as a vital part of the care team.

If you would like further information or any advice or support on how this applies to you or your relative or friend, please get in touch with us. The R&RA Helpline can help you to explore what the guidance means for your family and support you to use these legal standards to get contact with your loved one. Care Choices has published information on care homes across England for over 25 years, working alongside local authorities and the CQC to help families make informed decisions.

About Nicky Sharma

Nicky Sharma is the Policy and Research Officer at the R&RA, where he works on policy positions and responses and supports the helpline service and campaigns. He is also completing a PhD at the University of Sussex, where he is talking with care workers about their experiences of care work.

Frequently Asked Questions

Do care home residents have a legal right to receive visitors?

Generally, yes. Providers must facilitate visits from people the resident wants to see under CQC Regulation 9A, unless exceptional circumstances make it unsafe. These care home visiting rights belong to the resident, meaning their own wishes are always the priority.

Can a care home impose blanket care home visiting restrictions?

No, blanket bans are not allowed as a routine rule. The law requires individual, proportionate decision-making. If there is a risk, the home must assess the specific situation and consider the least restrictive precautions instead of banning all visitors.

What should I do if my loved one’s visit is refused?

You should ask the manager for their written visiting policy, the individual risk assessment, and the specific reason for the refusal. You can also ask what alternative options were considered. If the issue remains unresolved, use the home’s formal complaints process and provide feedback to the Care Quality Commission (CQC).

Can a resident leave the care home to see family or attend an outing?

Yes, providers must not discourage visits out of the home or impose unreasonable return rules. A care home cannot simply treat residence as detention. Any lawful restriction on movement requires its own specific legal basis and a clear individual risk assessment.

Are end-of-life visits allowed during an infectious disease outbreak?

Yes, they should always be facilitated. End-of-life, compassionate, and safeguarding visits are specifically identified in government outbreak guidance as visits that should continue. Care homes should arrange safe visiting procedures even when exceptional circumstances apply.