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Ann Stanyer considers whether the law offers sufficient protection for family contact in care settings
- The Court of Protection continues to grapple with disputes over family contact, with recent case law highlighting the tension between residents’ rights, care providers’ responsibilities and the practical limits of the court’s jurisdiction.
- As the government considers reforms to visiting rights in health and care settings, practitioners should be alert to the protections afforded by reg 9A and their impact on contact restrictions.
A review of judgments reported in the Court of Protection since January 2025 indicates that some 25% of those cases involved issues surrounding contact with a protected party. This issue has been brought into sharp focus by the case of SB v PB (by her litigation friend, the Official Solicitor) v Bolton Borough Council [2026] EWCOP 21, as well as by the Department of Health and Social Care’s (DHSC’s) press release, in March, indicating government action following a review of the visiting rights for people in health
