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

Chapter 1: Existing legal network

Anne’s Law joins a network of existing legislation and guidance that directs what happens in care homes. This includes legislation for the general public, including public health considerations, and for care homes specifically as both homes and as workplaces.

Care home providers have responsibility for the health, safety and wellbeing of their residents, staff and visitors. Anne’s Law will add to the legal network to guide decisions made by care home providers. The rights and protections that existing legislation provides must continue to be considered.

The obligations that care homes must consider include (but are not limited to):

• The Human Rights Act 1998¹ brings the rights set out in the European Convention on Human Rights into UK law and makes them directly enforceable in domestic courts. All public authorities - including NHS bodies and local authorities - must act in a way that is compatible with Convention rights when delivering health or social care services.
• The main rights applicable to health and social care are set out below.
  • Article 2 – Right to Life (e.g. Timely interventions to prevent risk)
  • Article 3 – Freedom from torture and Inhuman and Degrading Treatment (e.g. Preventing neglect or abuse within care settings)
  • Article 5 – Liberty and Security (e.g. Lawful detention and procedural safeguards)
  • Article 8 – Respect for private and family life (e.g. Confidentiality of health records, privacy during personal care, visiting rights)
  • Article 14 – Prohibition of discrimination (e.g. Equal access to services irrespective of age, disability or race).
• Health and Safety at Work etc. Act 1974²: Requiring care homes to protect residents, staff, and visitors from harm.
• Health and Social Care Standards³: These are standards issued under the Public Services Reform (Scotland) Act 2010 and form part of the quality frameworks which the Care Inspectorate inspects against. They set out what people should expect when using health, social care or social work services in Scotland. The Scottish Government are currently (as of March 2026) reviewing these standards, including the two care home visiting standards, in collaboration with stakeholders including regulators and people who use social care support to ensure the standards remain fit for purpose.
• Adults with Incapacity (Scotland) Act 2000⁴ & Adult Support and Protection (Scotland) Act 2007⁵: Protecting vulnerable adults and their decision-making rights.

There is a reference section on the Care Inspectorate ‘The Hub’ website which collates other relevant legislation.

“I can’t imagine being told I’m not able to see my wife. We have lived our lives together and I have to see her every day, it means so much to us both”

Relative of a care home resident

Balancing of Rights and Potential Harms

Together, the network of legislation and guidance requires care homes to balance visiting with measures that protect life, health or wellbeing, and take rights and protections into consideration.

Decisions around visiting may need to be made in the context of very challenging circumstances, such as:

• emergencies like fire, flooding and gas leaks
• developing risks, like infectious disease outbreaks, which require careful assessment and collaboration with health protection teams and local authorities

Any restrictions on visiting, even for a short time, can be detrimental to the health or wellbeing of care home residents and have lasting impacts on their family and friends. Equally, infectious or hazard-related incidents that result in injury, death or affect general wellbeing can also have immediate and ongoing effects.

Decisions around visiting suspensions have to be taken while considering human rights principles, including that any suspensions have to be justified and proportionate. Care home providers can, and in some cases must, seek advice from other professionals when taking decisions, for example, local health protection or social work teams. These professionals will be operating within their own legal frameworks such as the Public Health etc. (Scotland) Act 2008⁶ or Adult Support and Protection (Scotland) Act 20077. This additional layer can help care homes to recognise, balance and protect rights.

The new laws establish that when residents cannot have visits from the people who are important to them, Essential Care Supporters (see Chapter 3), it is likely to result in serious harm.