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That is set out clearly in the regulations. I would draw the committee’s attention to the following regulation, which says that

“A provider of a care home service for adults must … identify for every resident of accommodation provided by the care home service at least one individual as an Essential Care Supporter”

and then provides further detail on circumstances in which that would not happen. It is set out in the regulations.

I will ask officials to come in on that in a moment. However, I will highlight—this might also come up in subsequent questioning—that a lot of the operational detail is set out in the code of practice. That will be published ahead of time and it will provide answers to many of those questions.

The regulations have been developed through close engagement with a range of stakeholders, including providers, and they include the point about external visits, clarifying the obligations on a provider and what the expectations would be. A lot of work has been undertaken to ensure that the regulations provide the legal framework, but how that is operationalised will be reflected within the code of practice.

My officials can respond to your specific question.

In those circumstances, it would be for the provider to respond to the specific events and context that led to the decision being made. Regulation 4 says:

“A provider of a care home service for adults may suspend visits (either to and by all residents in the care home or to and by specific residents) only if the provider has reasonable cause to believe that it is essential to do so to prevent a serious risk to the life, health or wellbeing of—

in the case of internal visits, any person at the accommodation,

in the case of external visits, the resident, any other person at the accommodation, or persons at the place where the visit would take place.”

I am taking the time to read that out, so that it is set out clearly on the record, but the context is already set out in the regulations. A responsible provider will draw on a range of advice and expertise in taking such decisions.

The code, which will be published ahead of the regulations coming into force, will provide further information on that process. My officials may want to add to that.

On the first point, the code of practice will provide more detail around expectations in relation to reviews. On the second point, there are currently processes for making complaints directly to a provider or to the Care Inspectorate. Again, we must appreciate the wider context in which the regulations exist, and the importance of the code in terms of providing that operational detail.

I do not know whether my officials have anything to add—I see that they do not.

Yes, absolutely. We recognise that some of the decisions that the code of practice covers will have to be taken rapidly. The time sensitivities are very much recognised in the code.

The issue involves a number of areas. The balance between the right to private and family life and the right to life is a key issue. That involves a scenario in which there is a clear danger of risk to life, health and wellbeing. These are not easy decisions to take, and that is why the code of practice goes into those matters in some detail and seeks to provide support in that regard.

I would regard a situation in which no visits at all were possible as extremely rare and remote. There would have to be an absolutely extreme set of circumstances, and we have sought to ensure that the rights of essential care supporters are clearly stated in the regulations and in the code.

We could start entertaining hypothetical situations and speculating about what might happen, but, ultimately, it will come down to a judgment that will have to be made. However, there is no ambiguity around the expectations that are set out in the regulations, which will be the law of the land, as passed by Parliament. The code of practice will help, as it will illustrate and flesh out some of the detail around how those regulations will be operationalised. However, I appreciate the sensitivity of the issue, and I want to provide assurance about the intention behind the regulations and why we have taken the approach that we have. That will be further buttressed by what is in the code.

Laura Kennedy, do you want to add anything on the balance of rights?

Of course. I cannot compel future Governments and Parliaments, but I imagine that the Parliament would want to take a keen interest in how it is operationalised and in the learning that comes from that, notwithstanding the statutory commitments for review. Learning will inevitably emerge from any new provision that comes into operation. The care standards have been in place for some time now and there has already been a significant amount of learning, which is reflected in the consultation and engagement that we had before lodging the SSI. The learning and information will be at the disposal of ministers and the Parliament in considering any future amendments that would be required, either to the regulations or, indeed, to the code.

To summarise, there will be opportunities for the code and regulations to be revisited based on learning, which demonstrates the importance of close engagement and monitoring. For example, if it were to come to the attention of ministers or a future Government that changes were required to improve operational efficiency or to avoid any unintended consequences, there would be opportunities to make those changes, as there would be with any regulations. Given that this is being done through secondary legislation, it is not something that requires a new act of Parliament and can be done in a relatively quick, efficient and effective manner.

I appreciate that there will be a range of circumstances, depending on the provider. We have wider engagement, but, in this specific case, we are making a contribution by providing an inflation uplift based on the GDP deflator.

I do not know whether Christina McLaren wants to come in.

11:00

Funding for the uplift will be committed. Ultimately, the level of funding will depend on overall uptake, but funding will be provided to ensure that the uplift can be delivered.