The legal requirement for care home staff in England to be fully vaccinated against Covid-19 comes into force on 11 November 2021.
The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 makes it compulsory for anyone working in a Care Quality Commission-regulated care home to have had two Covid-19 jabs, unless they have a medical exemption.
It also means that a person is not able to enter a care home unless they provide evidence that they have been fully vaccinated or are exempt for clinical reasons. However, there are exemptions from this rule including people providing urgent maintenance or emergency assistance; emergency services personnel; friends and relatives of service users; people visiting dying service users; and people under the age of 18.
Care homes that do not comply with the requirements could face regulatory action from the Care Quality Commission.
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The majority of people who responded to the government’s consultation into the proposal earlier this year were opposed to mandatory vaccinations for care home workers. Fifty-seven per cent did not support it, but the response from the adult social care sector was more mixed.
The explanatory note that accompanies the legislative instrument says: “Respondents highlighted clearly issues with the initial scope of including only CQC registered care homes with at least one older (65+) adult. There was also significant support for broadening the scope of the policy to include all those coming into close contact with residents or all those entering care homes in any capacity. There was also some support for broadening the policy to all health and social care staff, in any setting.
“In response to the consultation DHSC (Department of Health and Social Care) will extend the scope of the policy to all CQC-registered care homes in England providing accommodation for persons who require nursing or personal [care] and to include all persons who enter a care home, regardless of their role (excluding the exemptions listed).”
The government is also considering whether vaccinations should be compulsory for health workers.
The government is working to boost vaccine uptake among social care staff by issuing targeted communications across various channels; a stakeholder toolkit; positive messaging using “influencers” and care home workers; and holding briefings with faith groups.
The document says: “We have also provided direct support to managers of care homes for older adults that have lower vaccine uptake rates among their staff. This includes having conversations with care home managers to support them to access vaccinations for their staff and signpost resources that they can use to enable their staff to feel confident about taking the vaccine.
“We continue to work closely with partners and stakeholders to identify and progress further actions at local, regional and national level to increase vaccine uptake among adult social care staff.”
It says that vaccine uptake amongst care home workers is “not consistently at the level we know from Sage advice is needed to minimise the risk of outbreak”.
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“It is imperative that together we now take every step necessary to reduce the risk of spreading the virus to those most at risk from Covid-19 and those who care for them,” it adds.
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