Scotland’s Social Care Minister has described new regulations implementing Anne’s Law as a landmark moment for care home residents and their families, following their formal introduction on 5 March.
The regulations guarantee family members and chosen supporters the right to visit loved ones in care homes, even during public health emergencies. The law takes its name from Anne Duke, whose father died in a care home during the pandemic while she was prevented from visiting him.
Background to the Law
Anne’s Law emerged from the distressing experiences of families during the COVID-19 pandemic, when strict visiting restrictions meant many care home residents spent months without seeing loved ones. In some cases, residents died without the comfort of family presence, causing lasting trauma for those left behind.
Campaigners, led by Anne Duke herself, argued that blanket visiting bans caused significant harm to residents’ wellbeing and mental health. They pushed for legal protection that would require care homes to facilitate visits even during outbreaks, with appropriate safety measures in place.
What the Regulations Mean
Under the new regulations, care homes must designate essential visitors for each resident. These individuals retain visiting rights even when general visiting is restricted for public health reasons. The regulations specify that visits should only be limited as a last resort, and care homes must demonstrate they have exhausted all other options.
Essential visitors will receive appropriate training and personal protective equipment where necessary. Care homes are required to facilitate visits in a way that balances infection control with the fundamental importance of human connection and family relationships.
Care Sector Response
Care home providers have expressed support for the principles behind Anne’s Law, while noting the practical challenges of implementation. Some care home managers have raised concerns about resource implications, particularly around providing adequate space and PPE for essential visitors during outbreaks.
However, residents’ families have overwhelmingly welcomed the regulations. Campaign groups describe them as overdue recognition that maintaining family bonds is not a luxury but a fundamental aspect of dignified care. The regulations apply across all registered care homes in Scotland, with enforcement through the Care Inspectorate.
