Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: final business and regulatory impact assessment

Section 1: Background, aims and options

Background to policy issue

These regulations are introduced under section 14 of the Care Reform (Scotland) Act 2025.

Under existing statutory arrangements, care home residents have a care plan that normally identifies regular visitors, often referred to as ‘named visitors’. The new regulations will require care homes to ensure that each resident is able to identify at least one individual (usually one of the named visitors) as their Essential Care Supporter.

The purpose of these changes is to ensure that:

(1) people living in adult care homes can identify at least one person as an Essential Care Supporter if that is their wish, and

(2) that they can connect with the people who are important to them through in-person visits and visits out of the home unless there is a serious risk to life, health or wellbeing. However, even where there are such exceptional circumstances, some types of visits should always be supported.

The policy is commonly known as “Anne’s Law”.

Where visits are restricted, care homes must review the decision promptly if requested by the resident or a representative. They must also notify the Care Inspectorate and the Chief Social Work Officer as soon as practicable.

To support implementation of the legislation, the Scottish Government will publish a code of practice setting out practical guidance for care providers and Essential Care Supporters. This will provide clarity on the application of the regulations and promote consistency across the sector.

The introduction of these regulations reflects the Scottish Government’s commitment to upholding human rights and person-centred care. They aim to safeguard residents’ emotional wellbeing.

Purpose/ aim of action and desired effect

The desired outcome of the regulations is to implement the changes made by the Care Reform (Scotland) Act 2025 to the Public Sector Reform (Scotland) Act 2010.

The regulations contribute towards several of the Scottish Government’s strategic aims:

Respect for human rights: The regulations uphold the right to family life by safeguarding meaningful contact between care home residents and loved ones.

Healthy and active: The regulations support this outcome by contributing to reducing loneliness and isolation among people who live in care homes. It is recognised that maintaining personal relationships is important to mental health and emotional wellbeing.

Living in communities that are inclusive, empowered, resilient and safe: By embedding the rights to visits in law, the regulations ensure consistency across Scotland’s care homes.

Without the regulations, visiting rights would remain subject to local custom and discretion. This may lead to inconsistent practice, and increase the risk to residents being unable to maintain meaningful connections. Such situations could result in prolonged isolation, similar to the situation that occurred during the COVID-19 lockdown, which had negative impacts on mental health and wellbeing to residents and their loved ones.

When the regulations come into force, the ideal outcome would be that all care home residents would be able to maintain contact with their Essential Care Supporter with appropriate safeguards in place during outbreaks of infectious illness. Residents would have meaningful access to visits both within and outside the care home, facilitated by providers. Suspension of visits would only occur in exceptional circumstances and even under such circumstances providers would facilitate visits where failure to do so would cause serious harm or distress. Providers would respond promptly to requests to review a suspension decision and immediately notify the Care Inspectorate and Chief Social Worker of any such decision. Providers would fully integrate the code of practice into current practices.

The ‘necessary minimum’ outcome is that residents will be able to identify at least one Essential Care Supporter and will be able to maintain contact with them where it is considered essential during outbreak situations, with any restrictions placed on them subject to a transparent process.

Outcomes will be measured as care homes are subject to oversight by the Care Inspectorate. The Scottish Government will prepare a report two years after section 78G of the 2010 Act comes into force. If there are any findings on the effect on businesses, they will be included in the report.

Options (considered so far/ still open)

Covid-19 led to prolonged periods where care home residents in adult social care settings were unable to receive visitors during lockdowns and outbreaks, causing anguish for many residents, families and friends. While essential visits were permitted for end of life and distress situations under guidance, meaningful contact was severely curtailed.

Updated public health guidance has promoted and encouraged care homes to increase opportunities for meaningful contact both in and away from the care homes with the adoption of protective measures.

In April 2022, the core foundations of Anne’s Law were put in place through strengthened Health and Social Care standards on visiting. The visiting health and social care standards, which are used as a basis for inspection by the Care Inspectorate, set out the expectation that people living in care homes should be able to see someone who is important to them, even during outbreak situations, and be able to name a person or persons who can directly participate in meeting their care needs, if that is what they want.

Alternative options considered included relying on the updated public health guidance and the updated health and social care standards. A key expectation of stakeholders is that this should be reinforced through legislation through Anne’s Law so that people who live in adult care homes will be able to have direct contact with people who are important to them in order to support their health and wellbeing, whether there is an infection outbreak within the care home or for other reasons. It was determined that this expectation was best delivered through Primary legislation, regulations and a statutory code of practice.

Sectors/ Groups affected

The sector most impacted by this legislation is the adult residential care home sector, including privately owned and local authority run care homes. On 31 March 2025, there were 1,003 care homes for adults in Scotland. Of these, 766 (76%) were for older people. Most provision for older adults is delivered by the private sector (84% of all residents), with 10% being delivered by local authorities, and 7% being delivered by the voluntary sector^[1].

Care homes are located across Scotland, including in urban, rural and island areas. Providers range from larger operators to smaller independent-run businesses.

According to the Scottish Social Service Sector: Report on 2024 Workforce Data^[2], approximately 52,400 people work in adult care homes in Scotland, with roles spanning care, admin, ancillary staff and managers.

The primary groups of people affected by the legislation will be care home residents and their families. The impacts are detailed further in the Equality Impact Assessment, however the impacts identified are positive as the regulations safeguard their right to meaningful connections.

Scottish Government officials have considered the likely impacts of the regulations on care home providers. While they will result in some additional administrative requirements, such as training staff and maintaining records, the overall burden is expected to be manageable.