Anne's Law draft regulations: consultation report

Executive Summary

This report summarises findings from the 2025 consultation on the draft regulations for Anne's Law. These regulations impose new duties relating to visiting in care homes on care home providers. The consultation sought views on the clarity and practicality of the proposed regulations.

A mixed-methods approach to the consultation was used. This included a survey and interviews with care home residents. A total of 202 survey responses were received, alongside five care home visits, six organisational submissions, and ongoing input from the Anne's Law National Oversight Group.

The survey gathered structured feedback on specific aspects of the draft regulations. Care home visits enabled residents, families and staff to share detailed experiences, including those of people who may face communication or digital barriers. Additional organisational responses offered professional and operational perspectives.

Across all consultation methods, there was strong support for the principles of Anne’s Law and for the clarity of the regulations. Feedback focused primarily on how the regulations would work day-to-day and where further clarity is needed. This will be used to inform the supporting Code of Practice.

Clarity of the regulations

Most respondents agreed that the draft regulations were clear and understandable. This included strong endorsement of the duties to identify an Essential Care Supporter (ECS), facilitate visiting, permit Essential Visits in defined circumstances, review decisions to suspend visiting, and notify relevant bodies when suspensions occur. Although a small minority found the language technical, most suggested improvements related to guidance rather than changes to the regulatory wording itself.

Practical implementation

Participants emphasised the need for consistent, workable processes across care homes. This included clear documentation, transparent decision-making, and practical examples to support providers when balancing different types of risk. Staff noted that decisions can be complex, particularly during outbreaks or safeguarding situations, and welcomed guidance to support consistent practice.

Essential Care Supporters

There was strong support for the principle of identifying at least one ECS for each resident. Respondents stressed the importance of residents choosing someone they trust and highlighted the need for flexibility where circumstances change. People also sought clarity on how ECS arrangements should be reviewed and how they interact with legal powers such as Power of Attorney or Guardianship.

Suspension of Visiting and Essential Visits

Most respondents agreed that the circumstances under which visiting may be suspended and the duties to lift suspensions promptly were clear. Feedback indicated a desire for more examples to help providers understand how to balance serious risks with the impact of isolation. Participants also supported transparent processes for determining when Essential Visits should take place, with emphasis on keeping residents' needs at the centre.

Reviewing decisions

Respondents generally agreed that the grounds for requesting a review of a suspension were clear and appropriate. A small number of respondents suggested timeframes for responding to review requests. Still, only 29% answered this question, and there was no clear consensus. As a result, a set timeframe will not be included in the regulations, and guidance will be included in the Code of Practice instead.

Notification requirements

There was very high agreement that the requirement to notify the Care Inspectorate and the Chief Social Work Officer when visits are suspended was clear and appropriate. Based on feedback, consideration will also be given to including a regulation to notify care home residents and their family and friends of a decision to suspend visiting, in addition to the duty to notify the Care Inspectorate and the Chief Social Work Officer.

Cross-cutting themes

Across all sources, several broader themes emerged:

• Meaningful relationships: Residents and families emphasised the emotional importance of staying connected.
• Communication and transparency: Clear explanations and early communication were considered essential to reducing anxiety and fostering understanding.
• Flexibility: Participants stressed the need for arrangements that reflect individual circumstances and changing needs.
• Consistency and fairness: People valued standardised processes to ensure decisions are applied fairly across homes.
• Operational considerations: Staff highlighted the need for guidance, training, time and support to implement the regulations effectively.

Overall

The consultation demonstrated broad confidence in the clarity and intent of the regulations, with most suggested improvements focusing on how the duties should be applied in practice rather than the regulations themselves. The feedback will help the Scottish Government make any necessary amendments to the final regulations and develop the Code of Practice to support their delivery.