Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: CRWIA

Child Rights and Wellbeing Impact Assessment

1. Brief Summary

Type of proposal:

Scottish Statutory Instrument

Name the proposal and describe its overall aims and intended purpose.

The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026

A new law is being introduced that will help people who live in care homes to stay in touch with their families and friends. The new law will mean that anyone who lives in a care home will have at least one person who will be their Essential Care Supporter. Normally that person will be a family member or a close friend.

At the moment, everyone who lives in a care home has a care plan. This plan usually lists the people who are called ‘named visitors’ and visit the person in the care home often. Most residents will choose one of their named visitors to be their Essential Care Supporter.

Care homes will help residents have visits from their Essential Care Supporter, or to make trips outside of the care home to visit them. They can only stop visits from happening if they believe it is necessary to protect someone’s life, health or wellbeing. An example of this would be during a serious illness outbreak. Even then, they must think about whether stopping visits would do more harm than good.

If a care home decides to stop visits, they must look at the decision again if a friend or family member asks them to. They must also let the Care Inspectorate and the Chief Social Worker know if visits are stopped.

The Scottish Government will write a Code of Practice to help care homes understand how to follow the rules. It will also help Essential Care Supporters understand why some decisions about visiting have been taken.

The reason for introducing this new law is to make sure that people in care homes feel connected to their loved ones even when there is an outbreak of illness in the care home.

A Child Rights and Wellbeing Impact Assessment was published in June 2022 ahead of the National Care Service (Scotland) Bill being laid in the Scottish Parliament. The Bill would go on to become the Care Reform (Scotland) Act 2025, which was passed by the Scottish Parliament on 10 June 2025.

Start date of proposal’s development: June 2022

Start date of CRWIA process: October 2025.

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children’s rights?

Identification of the Essential Care Supporter

This section of the new law ensures that everyone who lives in a care home has a family member or close friend chosen to be allowed to visit them and help care for them, even if there is an outbreak of illness in the care home or the wider community. The person who can visit will be known as the Essential Care Supporter.

The care home must talk to the resident and their relatives and friends about who they want as their Essential Care Supporter, and they must make sure that the person chosen is able and willing to take on the role.

Suspension of visiting

This section of the new law means that care homes can only stop visits in exceptional circumstances, such as when someone’s life, health or wellbeing could be in danger. If this happens, care homes must make every effort to start visits again as soon as possible.

Essential visits

This section of the new law means that even when visits have to be stopped, care homes still have to allow visits in some situations. For example, if the person in the care home is very ill, or if not seeing their Essential Care Supporter is making them feel worse, the care home must make every effort to allow the visit to happen even if they have to put extra precautions in place. It should usually be assumed that not allowing the visit to happen will be bad for the resident’s wellbeing.

Review of decision to suspend visiting

If care home visits are stopped, people can make a request in writing for that decision to be reviewed. They must explain why they think the visits should not be stopped, and the care home must look at their decision again.

Creation of a presumption of harm

There will be positive impacts on children as a result of this legislation. The creation of a presumption of harm by not allowing Essential Care Supporters to visit will strengthen family bonds and prevent emotional distress due to not being able to see loved ones during periods of public health emergencies.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Evidence from:

Existing research/reports/policy expertise

The latest estimated number of young carers in Scotland was that 27,000 people between the age of 4 and 17 identified as young carers. However this is based on combined data from the Scottish Health Survey (2019-2023) and the 2023 mid-year population estimates published by National Records of Scotland^[1].

This number does not refer to young carers with a relative in a care home. At present, there is a system in place for each resident’s personal plan to include a ‘named visitor’, who has priority access for in-person visits and maintaining meaningful contact with the resident. However, anecdotal evidence suggests that there are currently no children aged 17 or under who are registered as a named visitor.

In early 2023, Carers Trust conducted a UK-wide survey^[2] of young carers and young adult carers, including 181 living in Scotland.

Consultation/feedback from stakeholders

Two separate periods of consultation have taken place in relation to Anne’s Law. The first was from 24 September to 5 November 2021, when the Scottish Government first started to consider developing policy on care home visiting during outbreaks. The consultation asked for views on the benefits, challenges and risks of introducing legislation to support visiting in care homes. 252 responses were received.

Further consultation took place from 26 September to 17 October 2025, when the secondary legislation was drafted. The consultation asked for views on each section of the consultation. Over 200 responses were received.

No concerns were raised during either consultation about children or young people being nominated as essential visitors.

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. Every so often we get together as a group to listen to people’s experiences and help shape the policy going forward.

As part of the recent consultation on the regulations for Anne’s Law, the Scottish Government also visited a number of care homes across Scotland to meet with care home residents and their friends and family.

Several homes noted the benefits of intergenerational contact, via familial visits or partnerships with, for instance, schools, nurseries, guide or scout groups. It often has positive impacts on wellbeing and engagement, particularly when it is regular and sustained, enabling people to develop relationships and experience interactions which enrich everyday life. It fosters inclusion and understanding between generations, benefiting the whole community. Involving care home residents in activities with children such as, for example, reading to them or hearing them read, can promote a sense of reciprocity.

The Code of Practice will stress the importance of considering individual circumstances and will look to maximise any opportunities to meaningfully connect care home residents with children.

Consultation/feedback directly from children and young people

Development of the legislation has involved a range of stakeholders over a number of years. Direct consultation with children and young people was not undertaken as we judged that existing stakeholders adequately represent the interests of young people in the development of this policy.

During the Covid-19 pandemic, rules to stop the spread of the virus meant that many children could not visit family members in care homes or hospitals. This had a big effect on their rights and wellbeing. Previously published impact assessments have provided the following evidence^[3][4]:

Loss of family contact

Children were often unable to see parents, grandparents, or other loved ones. This affected their right to family life (UNCRC Article 8) and their right to be heard (Article 12).

Emotional impact

Not being able to visit caused sadness, worry, and loneliness. Some children felt cut off from people who are very important to them.

Digital contact was not enough

Video calls helped a little, but they were not the same as being together in person—especially for younger children or those who need extra support.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

No gaps in evidence have been identified.

5. Analysis of Evidence

An estimated 27,000 young carers in Scotland: This evidence tells us that there is a significant number of children and young people in Scotland with existing caring responsibilities, however caring mainly takes place at home^[5]. The legislation formalises the right for residents to identify an Essential Care Supporter, and there is potentially a risk that children identified as such may experience increased caring responsibilities. This would only pose a risk during outbreaks and will be mitigated by care homes, residents and families considering the child’s needs when nominating them.

The risk of children who are Essential Care Supporters experiencing additional burden due to their role is further evidenced in the latest Care Home Census for Adults in Scotland^[6], published on 28 October 2025. It shows that the majority of care home residents are older adults with high dependency. This should be mitigated as outlined above.

Positive impacts of the legislation are that the best interests of the child are being met by maintaining contact with their family member, and that their voice will be heard by including them in decisions about being an Essential Care Supporter and being able to request a review if visits are suspended.

Many young people report mental health struggles and the emotional toll of caring responsibilities: Adding the responsibilities of the formal role of the Essential Care Supporter could potentially have the impact of increasing this burden. This would only be the case during outbreaks.

Key insights from the Carers Trust survey of young carers and young adult carers in 2023 included that many young carers report mental health struggles and an emotional toll from the responsibilities they carry. Although the report focuses on caring responsibilities at home, there could be implications for the Anne’s Law legislation if young people are identified as Essential Care Supporters as their caring responsibilities may increase. However, these impacts would only apply during outbreak situations. To mitigate the possibility of an additional burden on young carers care homes, residents and their families should consider the child’s own support needs and capacity to assume the role before identifying them as Essential Care Supporter. In such cases, where possible, a second Essential Care Supporter or a substitute should be identified.

The legislation brings an opportunity to improve emotional wellbeing by ensuring care homes only suspend visiting in very limited and essential circumstances.

The majority of care home residents are older adults with high dependency: There is a possibility that identifying a child as an Essential Care Supporter could increase their burden. However, this would only apply during outbreaks, and care homes, residents and families should take this into account. Anyone identified as an Essential Care Supporter must agree to be nominated.

The legislation brings an opportunity to improve emotional wellbeing by ensuring care homes only suspend visiting in very limited and essential circumstances.

6. What changes (if any) have been made to the proposal as a result of this assessment?

The evidence told us that there are 27,000 young carers in Scotland, but we are not aware of any children currently recorded as named visitors on a care home resident’s personal plan. Nevertheless, there is potential for a child to be named as an Essential Care Supporter.

Therefore, the evidence used to make a determination of potential impact in this assessment has not led to any change in the draft legislation. However, the Code of Practice will advise care homes, residents and families to consider a child’s needs should they be identified as an Essential Care Supporter.