Anne’s Law – Scotland

Anne’s Law comes into force to protect care home visiting rights in Scotland

A new law designed to protect the rights of care home residents to stay connected with loved ones has come into force in Scotland, following lessons learned during the COVID-19 pandemic.

Known as Anne’s Law, the legislation places a legal duty on care homes to support visiting and ensure that residents are not unnecessarily isolated from family and friends.
 

Background: lessons from the pandemic

Anne’s Law was developed in response to the experiences of care home residents during the pandemic, when visits were often restricted for long periods, sometimes without sufficient consideration of individual circumstances.

These restrictions had a profound impact on residents’ wellbeing, particularly for those relying on close family support.

The law is named in memory of Anne Duke, a care home resident whose daughter, Natasha Hamilton, campaigned for stronger visiting rights after being unable to maintain contact during lockdowns. Anne passed away in 2021.

The campaign, led by Care Home Relatives Scotland, highlighted the essential role that family members often play in providing care, companionship, and advocacy.

As one family member reflected:

“My caring role did not stop when my mum moved into a care home; it just became different.”

What Anne’s Law does

Anne’s Law establishes in law that care homes must allow and actively support visiting.

Restrictions can only be introduced where it is essential to prevent a serious risk to life, health or wellbeing—and even then, they must be carefully justified.

Importantly, the law introduces a person-centred, risk-based approach, meaning that decisions about visiting must take into account the individual needs and circumstances of each resident.
 

Essential Care Supporters

A key feature of the new law is the introduction of Essential Care Supporters.

These are individuals—typically close family members or friends—who are identified in a resident’s personal care plan as being vital to their wellbeing.

Anne’s Law creates a legal presumption that restricting visits from an Essential Care Supporter is likely to cause serious harm to the resident’s health and wellbeing.

Even during periods of wider visiting restrictions, care homes are expected to facilitate access for these individuals wherever possible.
 

Visiting during restrictions

The legislation makes clear that even when visiting is suspended more broadly, care homes must still allow visits in certain circumstances, including:

• when a resident is nearing the end of life
• where the harm caused by isolation outweighs the risks associated with visiting

This marks a significant shift from pandemic-era policies, embedding a more balanced approach between infection control and emotional wellbeing.
 

Safeguards and oversight

Anne’s Law also strengthens transparency and accountability around visiting decisions.

Care homes are now required to:

• notify residents and families when visiting is restricted
• provide clear reasons for decisions
• allow those decisions to be challenged

In addition, any suspension of visiting must be reported to the Care Inspectorate, which will oversee compliance with the new duties.
 

Not an absolute right

While Anne’s Law strengthens visiting rights, it does not create an unrestricted entitlement to visits in all circumstances.

The legislation must operate alongside other legal frameworks, including:

• the Human Rights Act 1998
• the Public Health etc. (Scotland) Act 2008
• the Criminal Procedure (Scotland) Act 1995

It also does not override court orders, such as exclusion orders.
 

Code of Practice and implementation

Alongside the legislation, the Anne’s Law Code of Practice sets out how the new duties should be applied in day-to-day care home settings.

The Code is designed to support:

• care home providers and staff
• residents and their families
• health and social care professionals
• regulators

Care homes are required to develop visiting policies that reflect the principles set out in the Code, ensuring consistent and fair implementation across Scotland.

Accessible “easy read” versions have also been produced to support people with learning disabilities and other communication needs.
 

A shift towards rights-based care

Anne’s Law represents a significant step towards embedding a rights-based approach in care home practice, recognising that maintaining relationships is not simply a preference, but a fundamental part of wellbeing.

As one care home resident put it:

“I would feel lost and alone without my friends and family—they are everything to me.”

For families, providers and policymakers alike, the legislation marks a clear commitment to ensuring that the experiences of the pandemic are not repeated.
 

Further reading and resources

Third and final report from the COVID-19 Inquiry published

Coming Home Action Plan – support for people with complex needs in Scotland

Six key problems of social care

There are full details on the Scottish government website (external link will open in a new browser tab or window)

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