Writing in NLJ this week, Ann Stanyer of Wedlake Bell examines the implications of SB v PB and wider concerns over visiting rights in care homes. A review of recent judgments suggests roughly a quarter involved contact issues.
The case centred on restrictions placed on a daughter’s visits after a breakdown in relations with care providers. While Regulation 9A requires residents to be facilitated to receive visits except in ‘exceptional circumstances’, the court stressed that providers retain discretion to ensure visits occur safely and appropriately. Judge Burrows described the recurring tensions between families, care providers and vulnerable residents.
Stanyer says the case exposes the limits of the court’s powers, particularly where private care homes control available options. With ministers considering reforms, she argues stronger protections may be needed to prevent unnecessary restrictions on family life.
