During the Covid-19 pandemic, care homes residents were prevented from seeing family and friends for long periods of time, which negatively impacted the residents’ health and well-being. Family members of those in care homes began the campaign to enact the right to visit into law. In 2020, a petition to the Scottish Parliament called for the government to allow a designated visitor into care homes to support loved ones. This petition gathered widespread support. The resultant Anne’s Law was unanimously approved by the Scottish Parliament on the 4th of March 2026 and took effect on the 31st of March 2026.
Ann’s law dictates that adult and older people’s care homes must allow visiting and can only deny it when to do so is essential to prevent a serious risk to life, health, or wellbeing. The law also requires that those people who are most important to a care home resident be named as Essential Care Supporters, and it creates a legal presumption that preventing visits by such supporters is likely to cause harm to the resident’s health and wellbeing. In the event of a ban on visitation, each individual’s situation is to be assessed; and exceptions can be made to allow visits to those nearing the end of their lives or where the harm of banning a visit outweighs the serious risk to life, health, or wellbeing.
If care homes restrict visits for any reason, they have a duty to notify:
- Residents, if appropriate, their representatives, and Essential Care Supporters
- The Care Inspectorate
- The chief social work officer for the relevant local authority
The Care Inspectorate provides further information about notification here.
A Code of Practice has been created that provides guidance to providers, managers, and staff on how the duties imposed on care homes by the law should be carried out on a day-to-day basis. Care home residents, families and friends may also want to refer to this Code of Practice to know what they should expect from care homes.
Although these duties will apply from 31 March 2026, there will be a three-month implementation period during which care homes should make sure their policies and procedures comply with the regulations and the Code of Practice. However, the duties pertaining to notification upon restricting visits will be enforced from the 31st of March.
Sources
“Supporting care home residents’ right to visits from loved ones,” Scottish Government News published 04 March 2026. Supporting care home residents’ right to visits from loved ones – gov.scot. Accessed 24 April 2026.
“The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: Anne’s Law – code of practice 31 March 2026,” Scottish Government Publication published 23 March 2026. The Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: Anne’s Law – code of practice 31 March 2026 – gov.scot. Accessed 24 April 2026.
