Supporting care home residents’ right to visit loved ones

5 Mar 2026 09:53 AM

Social Care Minister hails “landmark” Anne’s Law regulations

Social Care Minister Tom Arthur has welcomed the Scottish Parliament’s unanimous approval of new measures enshrining the right of care home residents to contact with family and friends.

Anne’s Law was developed following the COVID-19 pandemic, when restrictions on care home visits had a significant impact on residents’ health and wellbeing, but will also apply in circumstances such as flu outbreaks.

The regulations establish that homes must allow and support visiting unless suspension is essential to prevent serious risk to life, health or wellbeing. Even then, care homes are still required to facilitate visits for those nearing end of life or where the harm caused by suspension outweighs other risks.

Those who are most important to a care home resident will be named in personal care plans as essential care supporters - with a legal presumption that suspending their visits is likely to seriously harm health and wellbeing. 

Social Care Minister Tom Arthur 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.

“It is another important landmark in improving and reforming the social care system and I thank Care Home Relatives Scotland and others for their continued work and support.”

Spokesperson for Care Home Relatives Scotland Cathie Russell said:

“On behalf of Care Home Relatives Scotland and people living in care, we welcome the regulations for Anne’s Law passing this milestone in Parliament yesterday.

“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.

“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.”

Chief Executive Officer of Scottish Care Donald Macaskill said:

“Scottish Care warmly welcomes the Scottish Parliament’s passing of Anne’s Law. Enshrining the right of care home residents to maintain meaningful connections with those who matter most is a vital human rights milestone.

“This legislation recognises the profound importance of relationships, autonomy and emotional wellbeing in care, and we look forward to working with partners to ensure its implementation strengthens the lives of those who live and work in Scotland’s care homes.”

Background

The foundations of Anne’s Law were developed through updated guidance and strengthened health and social care standards. It was put on a statutory footing as part of the Care Reform (Scotland) Act 2025 and these are supporting regulations.

The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026 [draft] were approved on Wednesday 4 March and will come into force on 31 March.

Ms Hamilton launched a Scottish Parliament petition at the height of the public health emergency to enter a care home and continue to support her mother Anne Duke. Ministers have worked with Ms Hamilton and Care Home Relatives Scotland to develop the detail of the legislation, including drafting a supporting code of practice.