Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: final Island communities impact assessment
An Island communities impact assessment undertaken to consider and assess whether the impact of the Care Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026 is significantly different to the impact on other communities.
Overview of the legislation
1. The Care Reform (Scotland) Act introduces modifications to the Public Services Reform (Scotland) Act 2010, enabling Scottish Ministers to place duties on adult care home providers. The modifications will be brought into force by the Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026.
2. 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”.
3. Providers will have a duty to facilitate visits to and by their residents. Suspension of such visits is only permitted where providers have reasonable cause to believe that doing so is essential to do so to prevent a serious risk to life, health or wellbeing.
4. Even in such circumstances, providers must continue to facilitate visits if they assess that the potential harm caused by suspending visits would exceed the risks posed by continuing them. The legislation creates a presumption that restricting access to an Essential Care Supporter is always likely to cause serious harm to the resident’s health and wellbeing. This is intended to balance the safety of residents with their rights, ensuring that suspensions are proportionate and justified.
5. Where a decision has been taken to suspend visits, the provider will have a duty to review that decision upon receipt of a valid request to do so. Furthermore, where a decision has been taken to suspend visits, the provider will have a duty to notify Social Care and Social Work Improvement Scotland and the Chief Social Work Officer as soon as it is practicable to do so.
6. The legislation places a duty on Scottish Ministers to prepare a code of practice, with the objective of providing guidance on day-to-day operation of the duties required of providers and ensuring consistency across care homes. The objective of the code of practice will be to provide clarity and consistency in how the regulations are applied.
7. The expected outcomes of the legislation include improved emotional wellbeing for care home residents by taking a person-centred approach and recognising the role of Essential Care Supporters. Any future restrictions on visiting will be proportionate and justified, and the presumption should be that restricting access to an Essential Care Supporter is always likely to cause serious harm to a resident’s health and wellbeing.