As has been widely publicised in the media, the Government has decided to legislate to require coronavirus vaccination for care home staff. The law is set out in the Health and Social Care Act 2008 (regulated activities) (amendment) (coronavirus) Regulations 2021 which were made on 22 July.
The Regulations come into force on 11 November 2021 and put the onus for policing this issue on care home operators: the Regulations require the operator to ensure that anyone entering a CQC regulated care home for people requiring nursing or personal care is vaccinated.
The Regulations work by prohibiting providers allowing anyone to enter a care home unless:
1 they are a resident, or
- they prove they are fully vaccinated, or
- they prove they are exempt from vaccination for medical reasons, or
- it is reasonably necessary for the person to enter to provide emergency assistance or urgent maintenance, or
- the person is from the emergency services and undertaking their duties, or
- the person is a friend or relative of a resident and they are visiting them, or
- the person is visiting a dying resident, or
- it is reasonably necessary for the person to provide comfort and support to a resident as a result of bereavement following the death of a relative or friend, or finally
- the person is under 18.
The provider is required to check the vaccination status of people entering the home and that the identity of the person corresponds with that proof. They are required to keep a record of this and when vaccination and identity was checked. They are not required to record the actual clinical reason where medical exemption from vaccination applies.
The records of this check must be kept by the provider and can be inspected by CQC. However, the provider check of vaccination status needs only to be done on the first visit – subsequent attendance can be based on the records from the time the individual proved their identity and vaccination status.
Comment
There will be more work for providers, especially in the initial stages, to check all attendees at the home and maintain records. Aggravation will arise – proof will be accidentally left at home as will the ID to verify that the person is who the vaccination record applies to.
The Regulations do not apply to those simply attending the care home's grounds, but unless a resident is dying, there is no exemption for ministers of religion.
Media commentary has queried the impact of mandatory vaccination on the availability of staff in a sector that already struggles to get enough staff. The aim to protect care home residents is of course laudable – but why does the same approach not apply to the NHS?
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