Anne’s Law: A New Era for Care Home Visitation Rights in Scotland
In the wake of the COVID-19 pandemic, the world witnessed the profound impact of restricted visitation in care homes. For many families, the inability to visit loved ones during outbreaks was heartbreaking. In Scotland, the tragedy of Anne Duke’s passing without family contact became a catalyst for change, leading to the establishment of Anne’s Law. This legislation marks a significant milestone in protecting the rights of care home residents to maintain vital connections with their loved ones.
The Genesis of Anne’s Law
Anne’s Law is named after Anne Duke, whose daughter, Natasha Hamilton, spearheaded a movement that reshaped Scottish social care policy. During the public health emergency, Natasha was unable to visit her mother in a care home, an experience that resonated with many families. Determined to prevent others from enduring similar heartache, Natasha launched a petition to the Scottish Parliament. Over four years, this movement gained momentum, culminating in the Care Reform (Scotland) Act 2025.
Strengthening Visitation Rights
The Care Reform (Scotland) Act 2025 laid the groundwork for Anne’s Law, and the regulations which came into force on 31 March 2026 provide the detailed legal framework that care home operators must now follow. These regulations significantly enhance the rights of individuals living in adult and older people’s care homes to maintain contact with those important to them.
The core elements of the regulations include:
- Visiting Arrangements: Care home providers must support visiting arrangements, ensuring that residents can maintain contact with their loved ones even during outbreaks of infectious diseases.
- Essential Care Supporters: Identification of Essential Care Supporters who play a critical role in the well-being of residents.
- Transparency: Ensuring transparency when visiting is restricted for any reason.
A Code of Practice for Consistency and Fairness
To ensure that the legislation is applied consistently and fairly, a Code of Practice has been developed. This Code provides guidance for care home providers, managers, and staff, outlining best practices for implementing the new regulations. It also serves as a valuable resource for care home residents, families, and friends, helping them understand their rights and what they should expect from care homes.
Notification of Visiting Restrictions
From 31 March 2026, care homes are required to notify several parties if visiting is restricted for any reason:
- Residents and their representatives, if appropriate
- Essential Care Supporters
- The Care Inspectorate
- The Chief Social Work Officer for the relevant local authority#
This notification process ensures that all stakeholders are informed and can take appropriate action to support the residents’ rights.
Implementation Period
Recognising the need for a smooth transition, a three-month implementation period will run from 31 March to 30 June 2026. During this time, providers are expected to fully embed the new arrangements. The Care Inspectorate will adopt a proportionate and supportive approach, acknowledging the efforts of providers to implement the new requirements. Providers should take steps to align their policies, processes, and staff awareness with the legislation and Code of Practice. However, the new notification requirements are in effect from 31 March 2026.
Moving Forward
Anne’s Law represents a significant advancement in the protection of care home residents’ rights in Scotland. It underscores the importance of maintaining personal connections and the pivotal role these connections play in the well-being of individuals in care. As the implementation period progresses, further information and guidance will be shared to support care home providers, residents, and their families in navigating this new era of care home visitation rights.
For more detailed information and updates, please refer to the official resources provided by the Care Inspectorate.
Anne’s Law is a testament to the power of advocacy and the impact that determined individuals can have on shaping policy for the better. As Scotland embraces these new regulations, it is a hopeful reminder that even in the face of adversity, positive change is possible.
How QCS Can Support You
Why not also take a look at how QCS can support your care management and compliance needs to embed Anne’s law further, we offer:
- A care management system to support rostering and care plan completion
- A complete suite of Policies and Procedures aligned with the inspection Framework
- QCS Mock Inspections that help test readiness and demonstrate effective governance
- Key audits requested by the regulator
- QCS Feedback Surveys for staff, people who use services and partners, all aligned with the inspection framework
- Lyra, our AI technology that gives staff instant, practical guidance based on your own policies
