Regulations mandating Covid-19 vaccination for care home workers approved

The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which will make it mandatory for a person working or providing professional services in a care home to have the Covid-19 vaccine, have been approved by both Houses of Parliament.

The Regulations will provide that registered persons in respect of the regulated activity of providing residential accommodation together with nursing or personal care in a care home must ensure that any non-resident over the age of 18 does not enter the residential accommodation unless that person has provided evidence that they have been vaccinated with the complete course of an authorised vaccine against coronavirus or the person has provided evidence that for clinical reasons he or she cannot be vaccinated.

The Regulations provide that unvaccinated persons may still enter the premises in certain limited circumstances, including:

  • to provide emergency assistance;
  • to visit a resident service user as a friend or relative;
  • to visit a service user who is dying; or
  • where is it is reasonably necessary to provide urgent maintenance or provide comfort or support to a service user in relation to a service user’s bereavement following the death of a friend or relative.

The Regulations once signed into law, will come into force after a ‘grace period’ of 16 weeks to mitigate the risk of an immediate effect on capacity in care homes by giving the vast majority of workers the opportunity to receive both vaccination doses.

If you would like any further details on this or the impact that it may have on your workplace please contact Carmel Sunley on carmel@sunleysolicitors.co.uk