Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: equality impact assessment

Key Findings

Age

On 31 March 2025, there were 31,433 residents in care homes for Older People in Scotland, equating to 92% of total adult care home residents. As the regulations are primarily aimed at residents of adult care homes, this policy will have a positive impact by reducing the isolation experienced by residents during the Covid-19 lockdown^[1].

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^[2].

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.

Children and younger people may be indirectly affected by the policy if named as Essential Care Supporter. A positive impact will be that it will enable them to maintain contact with family members who live in care homes.

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 chosen as Essential Care Supporters as their caring responsibilities may increase. However, these impacts would only apply during outbreak situations^[3].

The Carers Census 2023-24 also reports that young carers tend to need support such as short breaks/respite, advice and information, peer support/group activities, and counselling or emotions support. A higher proportion of young carers receive support with peer support/group activities, counselling, or emotions support or practical support (equipment, transport etc) than adult carers^[4].

To mitigate the possibility of an additional burden on young carers and to ensure that they receive the support they need, care homes, residents and their families should consider the child’s own support needs and capacity to assume the role before nominating them as Essential Care Supporter. In such cases, where possible, a second Essential Care Supporter or a substitute should be nominated. 

The regulations will be supported by a Code of Practice, which will also be available in an accessible format to assist understanding for older residents and younger Essential Care Supporters.

This policy significantly improves outcomes for older residents of care homes.

Disability

Residents in care homes for Learning Disabilities, Mental Health Problems, Physical and Sensory Impairment and Other (Problematic Alcohol and Drug use and Blood Borne Virus) accounted for 8% (2,856) of residents in all adult care homes on 31 March 2025^[5].

An estimated 63% of long-stay residents in care homes for older people are living with dementia (either medically diagnosed or suspected). Although the care home census for adults in Scotland does not identify the number of residents of care homes for older people with physical disabilities, previous academic research estimated that around 39% of long-stay care home residents were recorded as having a physical disability or chronic illness^[6].

The regulations will be supported by a Code of Practice, which will also be available in an accessible format to assist understanding for older residents and younger Essential Care Supporters.

Overall, the regulations are likely to have only a positive impact on disabled people who live in care homes, by reducing isolation and significantly improving outcomes.

Sex

As at 31 March 2025^[7]:

• females account for 69% of long-stay residents in care homes for older people,
• males account for 59% of long-stay residents in care homes for people with learning disabilities,
• males account for 67% of long-stay residents in care homes for people with mental health problems, and
• males account for 53% of long-stay residents in care homes for people with physical and sensory impairment.

The regulations apply equally to all care home residents and their Essential Care Supporters regardless of their sex. The population of long-stay residents in care homes for older people (the largest population) is predominantly female, so females may appear to benefit from this policy, however that is purely down to care home demographics rather than any bias in the regulations.

Pregnancy and maternity

There is no evidence to suggest that the regulations will adversely impact people who are pregnant or on maternity leave.

Gender reassignment

There is no evidence to suggest that the regulations will adversely impact people who are transgender.

Although there are no statistics on the number of transgender care home residents, the policy is a human rights-based policy and will apply equally to all residents and Essential Care Supporters.

Sexual orientation

There is no evidence to suggest that the regulations will adversely impact people, regardless of their sexual orientation.

Although there are no statistics on the sexual orientation among care home residents, the policy is a human rights-based policy and will apply equally to all residents and Essential Care Supporters.

Race

The Care Home Census 2025 does not contain details of the race/ethnicity statistics, although the Scottish Care Home Census form does ask for the ethnic origin of residents.

In response to the online survey, it was raised that interpreters or cultural liaisons may be essential for communication and maintaining cultural connections for residents from minority ethnic communities or those who don't speak English as a first language. The regulations state that at least one individual should be identified as an Essential Care Supporter for each resident. This allows for an additional person to be identified in circumstances such as these.

There is no evidence to suggest that the regulations will adversely impact people, regardless of their race or ethnicity. The policy is a human rights-based policy and will apply equally to all residents and Essential Care Supporters.

Religion or belief

There is no evidence to suggest that the regulations will adversely impact people, regardless of their religion or belief.

The online survey response in the race section of this EQIA, along with the mitigation, also applied to individuals who share the religion or belief protected characteristic.

Although there are no statistics on religion among care home residents, the policy is a human rights-based policy and will apply equally to all residents and Essential Care Supporters.

Summary of impacts by protected characteristic

• Age: Positive impact—older residents (92% of care home population) benefit from reduced isolation and improved access to family life. Neutral for younger people, though young carers may experience additional responsibilities if nominated as Essential Care Supporters; mitigated by guidance encouraging consideration of capacity and support needs.
• Disability: Positive impact—residents with dementia or physical impairments benefit from sustained connections and reduced loneliness.
• Sex: Neutral—policy applies equally to men and women; apparent benefit for women reflects demographic profile rather than bias.
• Pregnancy and maternity, gender reassignment, sexual orientation, race, religion or belief: Neutral—no evidence of adverse impact; policy applies equally to all. For race and religion, consultation highlighted the importance of interpreters or cultural/religious liaisons, which can be accommodated through flexibility in identifying Essential Care Supporters.

No negative impacts were identified for any group.

Intersectional and human rights impacts

The policy is rights-based and promotes equal access to family life, supporting Article 8 of the European Convention on Human Rights (right to respect for private and family life). Intersectional benefits may arise for residents who are older and disabled, or from minority ethnic or faith backgrounds, as the policy encourages inclusive approaches to identifying Essential Care Supporters.

Data gaps and limitations

While there is no specific evidence relating to the protected characteristics of pregnancy and maternity, gender reassignment, sexual orientation, race, or religion or belief, this absence has not been assessed as a data gap. There is no indication that people in these protected characteristic groups will be adversely affected by the regulations. The policy will apply equally to all care home residents, their families, friends and Essential Care Supporters. No further action is considered necessary at this stage. Any impacts that are identified during the implementation will be addressed immediately. The operation of the policy will be reviewed in accordance with the requirements of the Care Reform (Scotland) Act 2025.