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

Section 2: Engagement and information gathering

Engagement approach

The Scottish Government has taken a multi-stage approach to engagement to inform the development of the regulations.

Public Consultation

An online consultation survey on the draft regulations was open from 26 September – 17 October 2025, inviting responses from the public, care home residents, families, staff and providers. This provided an opportunity for people to comment on every part of the draft regulations and builds on previous engagement undertaken in 2021/2022 in preparation for the National Care Service (Scotland) Bill. A BRIA for the Bill was published in June 2022.

Recognising that an online survey might not be the most accessible method for everyone to give their views, a programme of face-to-face engagement has also taken place. Scottish Government officials visited care homes across the country and spoke with care home residents, their families and friends, care home managers and other staff, including care, nursing and activities staff.

Since 2020, the Scottish Government has been working with the Care Home Relatives Scotland group to develop the policy around care home visiting.

The Scottish Government also regularly speaks to individuals and professional bodies that have an interest in people staying connected in care homes.

Business / Third Sector engagement

A consultation survey was published on the Scottish Government website and was open for members of the public and care home staff and providers to complete from 26 September to 17 October 2025. The consultation asked for views on each section of the consultation. Over 200 responses were received. Of those 200, 78 responses came from care home staff, and a further 35 came from organisations such as care providers, local authorities and voluntary organisations.

The survey contained specific questions targeted at care home providers, to understand better the impact of the regulations on business. The questions were:

• What impact will these duties have on your care home?
• Do you think there will be challenges in implementing these duties on Anne’s Law?
• What training or guidance will care home staff require?
• Do you anticipate any further additional costs?

Highlights from responses to the questions included:

• Respondents to the survey highlighted the administrative workload associated with implementing the new legislation, including a potential increase in paperwork, and requirement for additional staff time and management oversight.
• A cumulative impact of co-ordinating visits, ensuring compliance with the rules and maintaining awareness of responsibilities was noted.
• However, responses to these questions indicated that the proposed changes align with existing practices and that the regulations would formalise what is already standard practice in care homes.
• Some responses included the need to embed the guidance into broader planning processes, such as care planning and business continuity. While not seen as overly burdensome, respondents noted that doing so would require planning and training to ensure smooth transition to day-to-day operations.

Scottish Government officials have conducted face-to-face engagement in care homes across Scotland. During those visits, care home residents, families and friends, care home managers and other staff including care, nursing and activities staff were invited to give their view on the regulations. There was unanimous support for the role of an Essential Care Supporter, with staff commenting that “when communication is a challenge then regular contact with the family is essential, they know the resident best, they can tell me if there are subtle changes.”

Care home staff also welcomed the transparency that having a system to review decisions to suspend visits could bring, noting that it would help residents and families better understand why visiting decisions are made. Many said they would value the opportunity to be part of a review process, especially if it meant others could contribute to the decision. Several staff and managers also reflected on feeling isolated during the pandemic and felt that a more collaborative approach with other professionals would offer support.

Public consultation

The consultation showed strong broad support for the draft regulations, with high levels of agreement across all survey questions and strong endorsement from care home residents, relatives, staff and organisations. Respondents welcomed the purpose of Anne’s Law and recognised the importance of visiting and maintaining meaningful relationships for people living in care homes.

Where concerns were raised, these tended to focus on practical implementation rather than the wording of the regulations themselves. Stakeholders highlighted the need for clear and consistent processes, especially in areas such as identifying an Essential Care Supporter, managing Essential Visits during visiting suspensions, and reviewing decisions when circumstances change. Some respondents also called for better communication and transparency to help families understand how decisions are made.

Across all methods used in the consultation, there was a strong call for clear guidance to support providers in applying the regulations confidently and consistently. This included requests for examples, templates, definitions and accessible information for residents and families, as well as guidance on balancing risk, wellbeing and proportionality.

Taken together, the findings indicate that the draft regulations are viewed as sound and workable, with further clarity requested through the supporting Code of Practice and implementation materials. Where appropriate, the Scottish Government has considered refining the final regulations.

The evidence gathered through this consultation has helped the Scottish Government make any necessary amendments to the final regulations and to develop the guidance needed to support their successful delivery.

Other stakeholders

The Anne’s Law national oversight group brings together care home providers alongside families and professionals who support care homes, to provide advice on national and local mechanisms for supporting visiting Scotland’s care homes. It provides advice on both the adoption of existing policies around visiting, for example the Health and Social Care Standards, as well as the development of longer-term mechanisms to protect visiting through Anne’s Law within the Care Reform (Scotland) Act 2025. The group meets quarterly or as needed and draws on the advice and experience of its members and acts as an advisory forum for the Scottish Government. The aim is to work together to ensure people living in care homes feel connected to the people that are most important to them. The Care Home Relatives Scotland group is a grass roots organisation formed in August 2020 to help ensure access to adult care homes for relatives and friends of residents. The core group are members of the Anne’s Law National Oversight Group.