Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: CRWIA
Child rights and wellbeing impact assessment (CRWIA) undertaken to assess the impact of the Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026 on children and young people.
Conclusion
7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?
Overall, the proposal has a positive impact on children’s rights although some potential negative impacts have also been identified that would only apply during outbreak situations and are explored in questions 8 and 9.
8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.
The proposal will protect, respect and fulfil children’s rights in the following ways:
Article 3: Best interests of the child
The Code of Practice accompanying the legislation will require care homes and families to consider the needs of a child before identifying them as an Essential Care Supporter.
Article 9: Separation from Parents
We believe that the new law supports this article as it says that children should not be separated from their parents except in very serious situations. At present, children and young people may be listed as named visitors in a resident’s care plan. Under the new legislation, if they are identified as Essential Care Supporters for parents or grandparents, the law will ensure that care homes can only stop them from visiting the resident in the most serious circumstances. Even then, the care home must allow the visit if stopping it would make the person in the care home even more unwell.
Article 12: Respect for the views of the child
We believe that the new law supports this article as it says that relatives should be consulted about who will take on the role of Essential Care Supporter. If a young person is identified, they will be given the chance to share their views about it and to be taken seriously.
Article 19: Protection from violence, abuse and neglect
We believe that the new law supports this article as it protects people’s wellbeing. If a young person is chosen to take on the role of an Essential Care Supporter, the new law will protect them from emotional harm by making sure they can continue to see their loved one in a care home.
9. If a negative impact has been identified, please describe it below. Is there a risk this could potentially amount to an incompatibility?
The potential negative impact of this legislation on children is that if they are identified as an Essential Care Supporter, there is a risk of increasing caring responsibilities. This will be mitigated by the accompanying Code of Practice, which requires care homes, residents and families to consider the child’s needs when nominating them.
We do not believe that this amounts to an incompatibility with the UNCRC.
Mitigation Record
What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?
Please summarise mitigation actions taken below
Issue or risk identified and relevant UNCRC requirement
Article 31: Leisure, play and culture: There is a risk that the burden of being identified as an Essential Care Supporter may reduce the amount of leisure time for children.
Action Taken/ To Be Taken
The accompanying Code of Practice will require care homes, residents and families to consider the needs of the child before identifying them as an Essential Care Supporter. It will also advise that where possible, a substitute should also be nominated.
Date action to be taken or was taken
The intention is to publish the Code of Practice by the end of 2026, in time for the legislation coming into force.
10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?
Safe: Not Applicable
Healthy: Not Applicable
Achieving: Not Applicable
Nurtured: Not Applicable
Active: Not Applicable
Respected: Yes
Responsible: Not Applicable
Included: Not Applicable
If yes, please provide an explanation below:
The Code of Practice will require care homes to involve children in decisions to nominate them as an Essential Care Supporter. Children who are Essential Care Supporters will be able to request a review of any decision to suspend visiting.
11. How will you communicate to children and young people the impact that the proposal will have on their rights?
The CRWIA will be published on the legislation.gov.uk website alongside the SSI so those wishing to access it can do so. The CRWIA has been written insofar as possible in accessible language so that those reading it can understand its content and the impacts on their rights as assessed.
12. Post Assessment Review and sign-off
Planning for the review of impact on children’s rights and wellbeing
If new information comes to light through implementation, it will be assessed for potential impact on children and young people.
The Scottish Government will prepare a report after the new law comes into force in accordance with the Care Reform (Scotland) Act 2025. If there are any findings on the effect of the law on young people being Essential Care Supporters, these will be included in the report.
13. Sign off
Policy Lead Signature & Date of Sign Off: Colin McKnight, 17 December 2025
Deputy Director Signature & Date of Sign Off: Ian Turner, 19 December 2025
Date CRWIA team first contacted: 31/10/2025