Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: equality impact assessment
An equality impact assessment undertaken to consider and assess the impacts of the Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026.
Background
Policy purpose, aims, and context
The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026, commonly known as Anne’s Law, are introduced under section 14 of the Care Reform (Scotland) Act 2025. The policy aims to safeguard the rights of people living in adult care homes to maintain meaningful connections with those who matter most to them. It requires care homes to identify at least one individual as an Essential Care Supporter for each resident (unless contrary to the resident’s wishes or no suitable person can be identified) and to maintain a record of these Essential Care Supporters. The regulations also set out duties for care homes to support in-person visits and visits out of the home, except in exceptional circumstances where there is a serious risk to life, health, or wellbeing. A statutory Code of Practice will accompany the regulations to ensure clarity and consistency in implementation.
Development process
The policy was developed in response to the COVID-19 lockdown, when restrictions on visiting led to prolonged isolation for many care home residents. Extensive consultation has been undertaken with stakeholders, including residents, families, care providers, and representative organisations. Feedback to an online consultation survey that was open from 26 September to 17 October 2025, highlighted the need for a rights-based approach to visiting that balances safety with wellbeing. The Care Reform (Scotland) Act 2025 provided the legislative framework, and these regulations deliver its commitment to embed this policy.
Who the policy affects
The regulations primarily affect residents in adult care homes—most of whom are older adults and many of whom live with disabilities or dementia. They also impact families, friends, and others identified as Essential Care Supporters, as well as care home providers and staff who will implement the new duties. The policy promotes equality and inclusion by applying equally to all residents and their supporters, regardless of protected characteristics.