The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: Anne's Law - code of practice 31 March 2026

Introduction

Background to Anne’s Law

Anne’s Law was created in response to the experiences of care home residents during the COVID-19 pandemic. During that time, care home residents’ visits to and from family and friends were restricted for extended periods of time, often without taking residents’ circumstances into account. Their experiences made it clear that having meaningful connections with loved ones is important. This is especially true for people who need the extra support that a care home offers.

In response to this, and following a campaign by Care Home Relatives Scotland, Scottish Ministers committed to making a law to ensure that people living in adult care homes can stay connected with their loved ones.

“My caring role did not stop when my mum moved into a care home; it just became different. We still do normal things together - visiting friends, going to the park, taking a drive by the sea, or even just going out for coffee and cake - like any other mother and daughter. With dementia, time is precious, so every day counts.”

Alison – Daughter of care home resident

The Act and Regulations

When the term “Anne’s Law” is used in this document, it means the legislation and guidance about visits to or by care home residents. This is:

• Care Reform (Scotland) Act 2025 (this will be referred to as “the Act”)
• The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026
• Anne’s Law Code of Practice

It is known as Anne’s Law in memory of Anne Duke, who was a care home resident in 2020. Her daughter, Natasha Hamilton, launched a petition for family carers to be able to enter a care home and continue to provide care to their loved ones, even during outbreak situations. Anne passed away in 2021.

Anne’s Law strengthens the rights of people living in adult care homes to see and spend time with the people who are important to them. The way in which it has an impact is to give new duties or responsibilities to care homes. This code of practice explains how these duties should work day-to-day.

“I would feel lost and alone without my friends and family, they are everything to me.”

Care home resident

What Anne’s Law does

Anne’s Law establishes in law that care homes must allow and support visiting. The only time visiting can be suspended is when it is essential to prevent a serious risk to life, health or wellbeing. Even where there has been a suspension of visits, care homes are still required to facilitate visits in some circumstances. For example:

• for those who are nearing end of life
• where the harm caused by suspending visits outweighs the serious risk to life, health or wellbeing

Those who are most important to a care home resident will be named in their personal plan as being Essential Care Supporters. Anne’s Law also includes a legal presumption that suspending visits from an Essential Care Supporter is likely to cause serious harm to the resident’s health and wellbeing.

In practice, this means that in every situation where a suspension of visiting is being considered, each individual resident’s needs and circumstances must be taken into account. Anne’s Law ensures a person-centred and risk assessment-based approach to any suspension of visiting.

Anne’s Law does not mean an absolute right for care home residents to have visitors under any circumstances. This is not possible because of other existing rights and legislation, including:

• the Human Rights Act 1998
• the Public Health etc. (Scotland) Act (2008)
• the Criminal Procedure (Scotland) Act 1995

Anne’s Law also does not supersede any court orders (for example, exclusion orders) in Scotland.

Anne’s Law strengthens communication between care homes and those who are affected by a visiting suspension, as they must be notified. There is also a legal duty that decisions to suspend visiting can be challenged.

Oversight of visiting suspensions is also factored in as care homes must notify the Care Inspectorate of any suspensions. As the regulatory body for care homes in Scotland, compliance with the duties placed on care home providers will be overseen by the Care Inspectorate.

The Anne’s Law Code of Practice

This code of practice (this will be referred to as “the Code”) provides detail, explanations and examples of how Anne’s Law should work day-to-day. It is based on the Anne’s Law regulations. It aims to promote:

• effective and consistent implementation of Anne’s Law across Scotland
• meaningful connections between individual residents of care homes and their family and friends

The Code has been designed to support:

• care home providers, managers and staff to understand and apply the legislation consistently and fairly
• residents, family and friends to know their rights and what they should expect from care homes
• professionals who support the health and wellbeing of people who live in care homes
• professionals who support care home staff
• regulatory bodies in their oversight function to know their responsibilities

Care home providers must have a visiting policy which takes this code of practice into consideration.

To support people with learning difficulties or other conditions, a series of easy read documents has been produced.

The Scottish Government has taken a multi-stage approach to consultation on all aspects of Anne’s Law, including the development of the Code. See Annex B for more information.

An Easy Read version of this document is also available.