Coronavirus: legal requirement for care home staff to be vaccinated

Coronavirus: legal requirement for care home staff to be vaccinated

As you may already be aware, the Government has made the decision to make COVID-19 vaccinations mandatory across Care Quality Commission (CQC) regulated care homes via The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 (the Regulations). The Regulations come into force on 11 November 2021.  

Therefore, we would like to take this opportunity to irstly make sure that you are fully aware of this forthcoming new legislation, and secondly to inform and advise you of the following information should it be applicable to you.    

Forthcoming legal requirement

From the 11 November 2021, it is a legal requirement for anyone who works in a CQC registered care home, to have received both doses of the COVID-19 vaccination. The requirement to be vaccinated will apply to Bank Members aged 18 or over who enter the indoor premises of a care home to work, unless they are exempt under the Regulations.  

NHS Professionals’ position

If you currently work, or you wish to work in a care home setting, you must be fully vaccinated against COVID-19 from the 11 November 2021 when the new legislation comes into place. Should you have not completed a full course of the vaccine by 11 November 2021, you will be unable to undertake an assignment in a care home setting, unless you are medically exempt. 

What this means for me

If you have received both doses of your Covid-19 vaccine, you are advised to download the NHS App, so you will be able to evidence, when requested, your full vaccination status. The DHSC operating guidance sets out that, as from 11th November 2021, CQC Registered Persons will be required to check the vaccination status of anyone, this will include any visiting staff, who enter care homes during the course of their work, and the App will be a simple way of you being able to do this.

Alternatively, and if you choose, you will be able to evidence your vaccination status by accessing the NHS website and showing your details to the Registered Person, or by showing the NHS Covid Pass letter. This letter can be accessed by requesting it online or calling 119. Once requested, the letter will be sent to you in the post, and we are informed it takes five working days to be delivered. Please note these are the only ways that the care homes will be able to accept proof of your vaccine status and that the vaccination card you will have been given when you received your vaccines cannot be used as proof of your vaccination status

In the event you have not had your COVID-19 vaccination, we accept that the decision to be vaccinated ultimately remains your choice, but this forthcoming legal requirement for care homes makes it important for you to consider being vaccinated if you have not already done so.

To avoid this scenario, we strongly urge Bank Members who have not done so already and are not clinically exempt from vaccination to book their vaccination appointments now.

We understand that this is ultimately your choice, but we encourage you to make an informed decision by:

  • reading up about COVID-19 vaccinations via official sources;
  • paying attention to the information the NHS provides you with when you are offered a vaccine; and
  • being wary of misinformation around COVID-19 vaccinations put out by unreliable sources.

 Further information on the national COVID-19 vaccination programme is set out at:

I hope this position is self-explanatory and helps to clarify any queries you may have about the legislation that will become effective from 11th November 2021.