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

'Anne’s Law’ describes a series of legal acts and regulations that give new duties to care homes to strengthen the rights of people living in adult care homes to see and spend time with people who are important to them. The code of practice explains how these duties should work day-to-day.


Chapter 4: Communication and Notifications

Importance of communication

As highlighted in the Care Inspectorate’s Meaningful Connection guidance good communication between care homes and residents and their loved ones is vitally important. This was also a key theme during the consultation on the draft Anne’s Law regulations. Good communication is even more important in the rare circumstances where visiting is suspended and residents and their visitors may be unable to see each other face to face.

Anne’s Law regulations require care home providers to communicate with three sets of people if there are any visiting suspensions. This communication is known as a “notification”.

The three sets of people are:

  • affected residents, their Essential Care Supporters and, where appropriate, their representatives
  • the Care Inspectorate
  • the local Chief Social Work Officer

Notifying Residents and Essential Care Supporters

Care home providers must let those most affected by decisions to suspend visiting know about a decision as soon as possible. This includes:

  • residents
  • their representatives
  • their Essential Care Supporters

This notification is likely to include:

  • the start date and expected timeframe of the suspension of visiting
  • the reasons for the suspension
  • who has been consulted about the suspension and what advice has been received (for example from a health protection team)
  • whether some visits, for example by Essential Care Supporters, can be supported
  • contact details for the responsible person regarding any concerns

Care homes should communicate any decision to suspend visiting as soon as possible. For complex situations this may take longer, such as in large homes with many residents and Essential Care Supporters. However, the care home provider should aim to communicate their decision as soon as possible, and no later than 24 hours.

In all cases, residents and their loved ones are likely to have some concern if visiting is suspended. This may include concern about the exceptional circumstances which have led to that decision. At the same time, many care home residents and family members will be reassured if they receive an early and clear explanation, and may be content to have a short pause in visiting. Communication should therefore be:

  • as early as possible
  • as informative as possible
  • mindful of how it might feel to receive

Notifying the Care Inspectorate

Care home providers must let the Care Inspectorate know of any decisions to suspend visiting as soon as possible.

The Care Inspectorate will set out how this is to be done, what must be included and by when in their own guidance. Care home providers will continue to use an online platform to share information with the Care Inspectorate. The Care Inspectorate will ask for similar information to that listed above and the notification will have to be given as soon as possible, and no later than 24 hours.

The Care Inspectorate will review all the notifications about a suspension of visiting. This is to identify any concerns about the proportionality or duration of restrictions. Where necessary, inspectors may contact services to seek further information, offer support or take regulatory action. This oversight will support the Care Inspectorate’s duty to:

  • uphold the rights of people experiencing care
  • promote consistency in practice
  • ensure that any visiting suspensions are proportionate, time-limited and in accordance with the principles of Anne’s Law

Information gathered through notifications will also be used to monitor national trends in visiting suspensions, ensuring transparency and informing ongoing work related to Anne’s Law.

Notifying the Local Chief Social Work Officer

Care home providers must let their local Chief Social Work Officer know of any decisions to suspend visiting as soon as possible, and no later than 24 hours.

Notifications to Chief Social Work Officers should be made in accordance with local service level agreements and contracts. As with the notification to residents, their representatives and their Essential Care Supporters, this notification should include:

  • the start date and expected timeframe of the suspension of visiting
  • the reasons for the visiting suspension
  • who has been consulted about the suspension and what advice has been received (for example from a health protection team)
  • whether some visits, for example by Essential Care Supporters, can be supported

When they receive notifications, Chief Social Work Officers may wish to seek reassurance that the wellbeing of residents has been fully taken into consideration. Subject to local arrangements, they may also wish to communicate with their contracts and commissioning teams, and any other appropriate social work services, to share information about visiting suspensions.

“My daughter is and always has been my main carer. Once I started to need 24 hour support due to frailty and falls I moved to a care home and I chose one close to where she lives so we could still see each other most days. She plays a huge part in my care. With the help of my wheel chair, I go out and about in the car, I manage to attend church, the hairdresser comes every week, I go to concerts and restaurants; I live a fulfilling life. Having that contact is a fundamental part of what being human means to me.”

Alice - Care home resident

Contact

Email: myhealthmycaremyhome@gov.scot

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