Care home residents in Scotland will have a legal right to visits from a designated loved one during outbreaks under new regulations passed by MSPs.
Known as Anne’s Law, the legislation is named after Anne Duke, a woman with dementia who died in November 2021 after being separated from her family during the Covid-19 pandemic.
The regulations, introduced under the Care Reform (Scotland) Act 2025, follow a campaign for change by Anne Duke’s daughter. They require every adult care home in Scotland to identify at least one ‘Essential Care Supporter’ for each resident, usually a family member or close friend.
These individuals will be formally recognised in residents’ care plans and given priority access to visit.
Care homes will only be able to suspend visits in ‘exceptional circumstances’ where there is a serious risk to life, health or wellbeing.
Even then, they must take all reasonable steps to restore access as soon as possible and must continue to allow visits for residents nearing the end of life, or where separation would cause greater harm than the health risk.
Implementing these regulations is estimated to cost the Care Inspectorate £342,000, with ongoing costs expected to be met within existing budgets. A statutory Code of Practice will also accompany the rules.
Tom Arthur, Scotland’s social care minister, said: ‘Meaningful activity and social connections are important for the wellbeing and quality of life of people living in adult care homes. For many residents, family members or friends build on the support provided by care home staff.
‘These regulations enshrine the right to direct contact in law and recognise the vital role family, friends and others play in providing essential care, support and companionship to loved ones in adult care homes.
‘In developing the legislation, I am pleased that we were able to work closely with Natasha Hamilton, whose petition first highlighted the issue during the pandemic.’
Cathie Russell, a spokesperson for Care Home Relatives Scotland, added: ‘We welcome the regulations for Anne’s Law passing this milestone in parliament’.
‘This law ensures that the damage caused by isolating residents from their loved ones and the importance of recognising residents as members of society is always taken into account,’ she continued. ‘Those closest to loved ones in care are not simply visitors but essential care supporters. We are grateful to everyone who has worked to make this happen.’
Image: chris robert
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