Parliament Workbench
Data: Official Report to 12 Nov 2026

Official Report · Committee

New Petitions

Care Homes (Designated Visitors) (PE1841)

Wednesday 16 December 2020 Public Petitions Committee About 12:45 Petitions 8 contributions · 5 speakers

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The record

8 contributions
Johann Lamont Lab The Convener · Glasgow
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The final new petition for consideration today is PE1841. It has been lodged by Natasha Hamilton on behalf of Care Home Relatives Scotland. The petition calls on the Scottish Government to allow designated visitors into care homes to support loved ones.

The Scottish Government’s submission explains that given the significantly higher risks that Covid-19 poses for care home residents, it has been necessary to pursue a different relaxation of the restrictions to the relaxation of the restrictions for the general population. It stresses, however, that it must strike a balance between the risk that is posed by Covid-19 and the impact that family visits have on the wellbeing of residents.

The Government explains that guidance has regularly been updated to reflect new evidence, and with a view to opening up more opportunities for families and friends to visit, including, on 3 December, guidance that was specifically aimed at helping care homes to support visiting over the Christmas and new year period.

The Government also highlights that it is introducing lateral flow testing in care homes, which will be offered to designated visitors on the day of their visit. The tests were introduced in 14 early-adopter care homes in five local authority areas last week. Key learning from that will inform wider roll-out. Delivery of lateral flow testing kits to all care homes will start this week. Where cares homes are unable to make use of those kits, PCR—polymerase chain reaction—testing of visitors will be available when necessary, in order to facilitate visiting over Christmas and new year.

The Government further highlights that care homes will now be closed to new admissions and visitors for 14 days rather than 28 days following an outbreak, which will avoid there being long periods when care homes are closed to visitors.

Since the meeting papers were published, we have received a written submission from the petitioner. In it, she states that there is currently a postcode lottery regarding visiting arrangements in care homes, and explains that the goal of the petition is legislation to guarantee that care home residents will never be isolated from family or friends for such a long period again.

I note that Monica Lennon MSP had hoped to be able to be here for consideration of the petition, but is unable to join us because of a clash of diary commitments.

I am interested to know what members think that we can do about this. It is a very big issue, and one that is shifting over time. The consequences for families and their loved ones are massive, but we recognise the risk. I wonder whether, even when the Government has provided guidance, things move on. Individual care homes have been risk-averse, perhaps because they do not have access to testing or proper PPE.

There is a question about what we can do, but it feels to me that this is an important issue, so just to close the petition without further action would perhaps minimise the seriousness of the issue more generally. It might be that the Government has more to say to us, particularly about the petitioner’s suggestion about legislation that would guarantee that in the future residents would not be isolated from family and friends, even in extreme circumstances. I find that interesting. The petitioner is almost asking how we can learn not just what we could do in the short term, but in the long term, should there be another such crisis.

Maurice Corry Con West Scotland
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I declare that I am a member of the COVID-19 Committee, which scrutinises the Government’s coronavirus legislation every week. This issue has been raised very often at that committee and we discuss it with the public health team of the Scottish Government and with ministers.

We have learned a lot from the pandemic; I think that something should be done through future regulations. I am against closing the petition and think that we need to take more action on it. I would call on the Scottish Government to give us more information about timescales, what is being developed, and what the plan is. My experience from the COVID-19 Committee is that when we question and interrogate the Scottish Government and scrutinise the legislation, there is certainly a lot more that we can get on what the Government is thinking and doing. I recommend that we write to the Scottish Government, asking about plans and the way forward.

I thank the petitioner for lodging a very important petition. Progress is being made—there is no doubt about that, which I can say from being on the COVID-19 Committee. Some positive things are happening. Lateral flow testing is coming through, and the reduction of the length of closures from 28 days to 14 days is also welcome. However, there is still much that we can find out, so I ask that we write to the Government seeking more information.

David Torrance SNP Kirkcaldy
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This is a very emotive petition. It affects not only families and relatives, but the residents in care homes.

I have been in contact with a few care homes in my area about visiting. The issues that come across to do with letting people visit are the risk to residents and the duty of care for staff. I know that the Scottish Government is working to find ways and means to allow visiting. As Maurice Corry does, I think that we should write to the Government to ask about its plans and a timescale, but beyond that, can we take the petition anywhere? The subject is changing all the time.

I am minded to close the petition under rule 15.7 of standing orders, once we have written to the Scottish Government.

Tom Mason Con North East Scotland
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I think that we should keep the petition open because the issues are very important. Some of the problems that we have had up to now have resulted from there being no initial framework for sorting the situation out but, in hindsight, we were dealing with something that nobody knew what to do about. As we move forward, we must assume that similar problems will occur in the future—from a different virus or another situation—so it is necessary to put a transparent legal framework in place. What that framework should be, I have no idea.

I think that we should try to get out of the Government what its plans are for reviewing what has been done and how it has been done and, when the framework is put in place, what level of transparency there will be, what Parliament’s role will be, what role experts will have, and so on. There are many issues. The petitioner has quite rightly started the ball rolling; I think that we should keep it up. The petition should be continued now and into the next session of Parliament until we get the situation sorted out, so that we do not repeat the agony that the country has suffered.

Gail Ross SNP Caithness, Sutherland and Ross
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Maurice Corry made a very important point. I will just throw out something that I had not thought of before now. If the matter is being dealt with by the COVID-19 Committee, how much value would we add by pursuing it? Would that just duplicate that committee’s work? I am not, however, saying that we should not pursue the matter, just because another committee is also doing that.

We also have to take into account not just testing in care homes, but the fact that we have a vaccine now that is being given to care home residents and staff, who are right at the top of the list of recipients.

In addition to writing to the minister, we could write to Donald Macaskill from Scottish Care, which is the organisation that represents care homes. I know that it is difficult to provide timetables, because we do not know when the next batch of the vaccine will arrive or when another vaccine will be approved. Obviously, when that happens it will change things; it will make the situation a lot easier. That is not to say that it is an easy process, anyway—do not get me wrong.

I would be happy enough if we were to write to the minister and Mr Macaskill. I wonder whether we should also write to the COVID-19 Committee, as a courtesy, to let it know what we are doing, because this is a matter that it covers. I am open to suggestions.

Johann Lamont Lab The Convener · Glasgow
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We have a dilemma; the petition is about a situation that is moving fast. We are running out of time, but we want to make it clear that we think that it is a very important issue. I wonder whether we should flag the petition up to the COVID-19 Committee and make it clear that we think that there is a fundamental issue that needs to be addressed.

I am on the horns of a dilemma. Should we keep the petition open? The immediate issue is how to make sure that the matter is sorted out and that the Government takes it seriously. It might be that we should write to the Government and flag up the petition to the COVID-19 Committee, while acknowledging to the petitioner that the bulk of the work on what is asked for in the petition—to make sure that the situation never happens again—cannot be addressed by the end of March. It would be very useful were a petition on the subject to come in the next session of Parliament. We want to underscore the seriousness of the subject and flag up to the COVID-19 Committee that there are questions that should be asked. We, as a committee, then have to decide whether that means that the best way we could focus on and address the matter would be through legislation.

Maurice Corry wants to come in. I would be interested to hear views on the dilemma that I have identified.

Maurice Corry Con West Scotland
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On the point that the convener and Gail Ross made, the COVID-19 Committee would welcome hearing from this committee about the petition. However, The COVID-19 Committee is a reactive committee; we react to and scrutinise regulations that are presented to us every week by the Government. We can, however, ask questions from time to time. I think that it would be worth our while to make the point that we have the petition running in this committee—the COVID-19 Committee could help us to formulate ideas and questioning that we would take forward to scrutiny. Maybe the committees’ clerking teams could liaise about that and report to the convener. I think that the COVID-19 Committee would accept that.

Johann Lamont Lab The Convener · Glasgow
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Okay. The committee wants to say that there is a serious issue that has not been resolved. Maybe we should write to Donald Macaskill, whose organisation represents care homes, to get a sense of whether there is resistance from them. Another organisation that we might ask whether there is resistance is the Coalition of Care and Support Providers in Scotland. We should flag up the petition to the COVID-19 Committee.

We should be honest with the petitioner about the fact that there is a limit to what we can do—not because we think that the matter is not important, but because things are moving quickly and parliamentary time is running out. It might be that our legacy paper will recommend looking further at the issue, or we could, as I have suggested, say to the petitioner that they might want to lodge another petition on legislation to ensure that we never again have to deal with such circumstances. In the middle of the emergency, it was quite evident that the impact on care homes was not fully appreciated.

Do members agree that we will not close the petition immediately, that we will write to the Scottish Government and the others that have been suggested, and that we flag up the petition to the COVID-19 Committee? We are alive to the fact that it is not possible for us to address by March 2021 the substance of the petition, which is about future-proofing policy on what we do in a pandemic or other crisis. We have agreement that that is the best way forward.

We acknowledge that this has been a very important discussion; indeed, we have had substantial discussion of a range of petitions today.

I thank the clerks, the broadcasting team and our visitors, of whom there seem to be quite a number this week, and members.

13:00 Meeting continued in private until 13:07.

  1. 09:30 Decision on Taking Business in Private Procedure · 1
  2. 09:30 Continued Petitions Petitions · 54
  3. 10:15 Continued Petitions Petitions · 7
  4. 10:30 Continued Petitions Petitions · 10
  5. 10:30 Continued Petitions Petitions · 7
  6. 10:30 Continued Petitions Petitions · 10
  7. 10:45 Continued Petitions Petitions · 6
  8. 10:45 Continued Petitions Petitions · 10
  9. 10:45 Continued Petitions Petitions · 15
  10. 11:45 Continued Petitions Petitions · 7
  11. 11:45 Continued Petitions Petitions · 6
  12. 12:00 Continued Petitions Petitions · 6
  13. 12:00 New Petitions Petitions · 10
  14. 12:30 New Petitions Petitions · 8
  15. 12:30 New Petitions Petitions · 6
  16. 12:45 New Petitions Petitions · 8

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