NEWS
A family member may be told that visits must be supervised. Telephone calls may be limited. Visits may be reduced to a fixed time each week. In some cases, contact may be stopped altogether.
A family member may be told that visits must be supervised. Telephone calls may be limited. Visits may be reduced to a fixed time each week. In some cases, contact may be stopped altogether.
This can be deeply distressing, particularly where the family member believes the restrictions are unfair, based on misunderstanding, or imposed because they raised concerns about care.
At Nellie Supports, we provide independent mental capacity assessments, capacity assessments about care and support decisions, COP3 mental capacity assessments, and Court Reports and Expert Assessments for families, solicitors and professionals involved in disputes about care, residence, capacity and contact.
An independent social work assessment may provide evidence about the person’s wishes, the risks, the proposed restrictions and less restrictive options. It is a professional opinion, not an order restoring contact or a substitute for legal advice about an urgent restriction.
Contact Nellie Supports if you want to clarify the scope, cost and suitability of commissioned assessment evidence.
Restrictions on family contact are not just a practical inconvenience. They can affect a person’s emotional wellbeing, identity, relationships and family life.
Under the Mental Capacity Act 2005 in England and Wales, capacity about contact is a distinct question. If the person can decide, their decision should be respected, subject to any other applicable legal restrictions. If they lack capacity for the particular contact decision, a person acting with the necessary authority must apply the best-interests framework, including wishes and feelings and appropriate consultation.
If there is uncertainty about whether the person can make their own decision about contact, a mental capacity assessment may be needed. Where the issue relates to where someone lives, how they receive care, or who is involved in their care arrangements, Nellie Supports can also assist with capacity assessments about care and support decisions.
Contact restrictions should not be imposed simply because a family member is viewed as difficult, challenging or inconvenient. There may be legitimate reasons to restrict contact, such as safeguarding concerns, distress, coercion, or risks to the person’s care. However, any restriction should be based on evidence, proportionate, reviewed regularly, and as least restrictive as possible.
Before commissioning an Enhanced Mental Capacity Assessment, identify the actual question: capacity, evidence about contact, a care plan, safeguarding or a legal challenge. A more extensive capacity report is not automatically the right response to every contact dispute.
You can make an enquiry with Nellie Supports to check whether the proposed instruction concerns capacity evidence or another aspect of social work assessment.
PB, Re (Appeal: Best Interests: Restrictions on Contact in a Care Home) [2026] EWCOP 21, also published as SB v PB [2026] EWCOP 21 (T2), was decided on 14 May 2026. It concerned restrictions on contact between a mother and daughter in a care home setting.
The Court recognised that restrictions on contact between a vulnerable adult and close family members engage Article 8 rights to private and family life. The judgment also considered the practical difficulty where a care provider says that unless contact is restricted, the placement may break down.
The appeal was dismissed on the facts before the court, including the available care options and placement stability. The judgment does not give providers a general power to restrict contact whenever a relative is difficult. It emphasises the legal duties around visiting and the need to keep arrangements under review. Official judgment: https://caselaw.nationalarchives.gov.uk/ewcop/t2/2026/21
For families, this creates a difficult situation.
A disagreement about contact needs the person’s own account, the reasons for the restriction and the relevant evidence, rather than an assumption that either the provider or the family must be right.
Useful evidence may address:
This is where Nellie Supports’ Court Reports and Expert Assessments, mental capacity assessments, and wider social care and case management services may help.
Before commissioning work, contact our team to clarify the questions a report can address and whether separate legal advice is required.
For regulated providers in England, Regulation 9A of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 addresses visiting and accompaniment. Subject to its provisions and exceptional circumstances, people staying overnight or receiving accommodation in relevant settings must be facilitated to receive visits. This is an England regulation; the Welsh framework must be considered separately.
The Regulation also refers to taking necessary and proportionate precautions so visits can take place safely. In the PB case, the Court discussed Regulation 9A in the context of restrictions on visits, proportionality, safety and care home obligations.
In addition, section 73 of the Care Act 2014 can mean that certain registered care providers are treated as exercising a public function for the purposes of the Human Rights Act 1998 when providing publicly arranged or funded care. The Court in PB accepted that this meant the care home had to comply with Article 8 rights when interfering with family life.
This does not mean that all contact must always be unrestricted. It does mean that restrictions should be properly justified.
Families are entitled to ask:
A capacity assessment about care and support decisions, Enhanced Mental Capacity Assessment or Court Report and Expert Assessment may address different parts of the evidence. Identify which question is in dispute before choosing a service; an independent report does not itself change a restriction.
Nellie Supports is an independent private social work practice. We do not provide care home placements or domiciliary care packages. Our role is to provide independent social work evidence where there are concerns or disputes about mental capacity, care, contact or best interests.
In cases where contact has been restricted, supervised or stopped, we can provide a structured assessment that considers the full picture.
This may include:
This work may sit alongside our existing mental capacity assessment service, COP3 mental capacity assessments, Court Reports and Expert Assessments, and wider social care and case management services.
To check the scope of these commissioned services, contact us here.
Every case is different, but our assessment may consider the following.
Where possible, we seek to understand what the person wants, how they experience contact, and whether they appear distressed, reassured, settled or unsettled by contact.
If the person has difficulty communicating, we consider alternative ways of understanding their wishes and feelings. This may be especially important where a person has dementia, acquired brain injury, learning disability, mental disorder or communication difficulties.
Where required, this can be considered alongside a formal mental capacity assessment.
We consider the history and importance of the relationship. For many people, contact with a spouse, child, sibling or close relative is central to their identity and wellbeing.
Where there is a dispute about family contact, an independent assessment may help professionals and the Court understand the person’s welfare in a fuller context. If the case is already in legal proceedings, a report under our Court Reports and Expert Assessments service may be appropriate.
We review what has actually been alleged or recorded. There is a difference between:
This distinction is important. A contact restriction should be based on evidence, not simply on conflict between family members and professionals.
A complete ban on contact is a significant step. Supervision, shorter visits, structured communication, agreed boundaries or a staged contact plan may sometimes be less restrictive alternatives.
Court Reports and Expert Assessments can provide professional evidence about risks, options and the person’s welfare. Whether the court permits and relies on a particular expert report depends on the proceedings and the relevant directions.
In some cases, our recommendation may be that restrictions remain necessary. In other cases, we may recommend a gradual increase in contact, clearer expectations, independent supervision, or a review meeting.
The focus is always on the person’s welfare, rights, safety and best interests.
Families, solicitors or professionals may contact Nellie Supports where:
These cases often overlap with wider questions about capacity, care needs, residence, safeguarding and family involvement. Nellie Supports can advise whether the most appropriate route is a mental capacity assessment, capacity assessment about care and support decisions, Enhanced Mental Capacity Assessment, COP3 mental capacity assessment, Court Report or Expert Assessment, or broader social care assessment.
You can make an enquiry today to check a proposed assessment instruction. If contact has been stopped and urgent legal action may be needed, seek timely advice from a solicitor experienced in the relevant area.
It is important to be clear: Nellie Supports does not simply produce reports saying that contact should be restored.
Our role is to provide an independent professional opinion.
Sometimes the evidence may support increased contact. Sometimes it may support supervised or structured contact. Sometimes there may be genuine risks that need to be managed before contact can change.
What we provide is a careful, evidence-based assessment that can help families, professionals and the Court understand what is happening and what options may be available.
This independent approach is central to our mental capacity assessment, COP3 assessment, Enhanced Mental Capacity Assessment, and Court Reports and Expert Assessments work.
You can also read more about our wider approach to independent practice on our Private Social Work and Professional Standards pages.
Potentially, subject to the court’s rules and directions. Permission may be required to rely on expert evidence; commissioning a report does not guarantee its admission or the weight it will receive.
Nellie Supports can provide reports for solicitors, families, deputies, attorneys or professionals involved in welfare disputes.
Our reports may be relevant where the Court of Protection is considering:
Before obtaining an expert report for proceedings, check the court’s directions, any permission needed and the questions to be addressed. Agree an appropriate letter of instruction and the author’s relevant expertise. A solicitor can advise on these requirements.
You can learn more about this work on our Court Reports and Expert Assessments page. If the court requires a specific COP3 form, our COP3 mental capacity assessment service may also be relevant.
For solicitor instructions, contact Nellie Supports to discuss timescales, fees and suitability.
If contact with a loved one has been restricted or stopped, it is important to act carefully.
You may wish to:
Keep the person’s wishes, the reasons for the restriction, records of events, review dates and proposed alternatives together. Depending on the circumstances, useful routes may include the provider’s complaints procedure, the commissioning body, safeguarding services or legal advice. CQC information about visiting applies to England.
Nellie Supports can help families and solicitors decide whether a mental capacity assessment, capacity assessment about care and support decisions, Enhanced Mental Capacity Assessment, COP3 mental capacity assessment, Court Report or Expert Assessment, or broader social care assessment is most appropriate.
Nellie Supports provides independent social work assessments for families, solicitors and professionals where contact with a loved one has been restricted, supervised or stopped.
We can help by assessing the person’s wishes and feelings, reviewing the evidence of risk, considering best interests, and recommending practical options for safe and meaningful contact.
For information about the scope and cost of a report, use Contact Nellie Supports today. An enquiry does not replace urgent legal advice or a request for the restriction to be reviewed.
Keep the person’s wishes and the reasons for any restriction central to the next step.
Nellie Supports provides independent social work input, mental capacity assessments, COP3 assessments, social care assessments, and Court Reports and Expert Assessments for families, solicitors and professionals.
Our reports can consider whether restrictions are necessary, proportionate and in the person’s best interests, and whether less restrictive contact arrangements may be possible.
Published 18 May 2026
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