On 31 March 2026, Anne’s Law will come into force in Scotland, significantly strengthening the rights of adults living in care homes to see and spend time with friends and relatives during public health emergencies.
Anne’s Law is named after Anne Duke, a woman living in care who died in November 2021 after being separated from family and friends under COVID‑19 emergency legislation.
Formally titled the Care Home Services (Visits to and by Residents) (Scotland) Regulations 2026, the Regulations were approved by Scottish Ministers on 4 March 2026 and introduce a number of new legal duties for care home providers.
What changes will Anne’s Law implement?
1. Essential Care Supporters (ECS)
Providers of adult care services in Scotland must identify and record an Essential Care Supporter (ECS) for every resident, unless this would contravene the resident’s wishes or no‑one is willing or able to act. More than one ECS may be appointed.
ECSs will largely be determined by the resident’s choice. However, providers retain a safeguarding role and must not designate an individual as an ECS where there is reasonable cause to believe that person presents a risk of harm to the resident.
Where visits are suspended due to a public health emergency, ECSs must continue to be permitted to visit, under a legal presumption that restricting ECS visits would be likely to cause serious harm.
2. General visitation rights and suspension
Care home providers must facilitate:
- Internal visits within the care home; and
- External visits away from the care home (although providers are not required to accompany residents or arrange travel).
Visits may only be suspended in exceptional circumstances:
- Internal visits: where suspension is essential to prevent serious risk to the health or wellbeing of any person at the care home.
- External visits: where suspension is essential to prevent serious risk to the health or wellbeing of the resident, another resident, or anyone at the place being visited.
Any decision to suspend visits must be communicated as soon as practicable to:
- the affected resident and their ECS(s);
- Social Care and Social Work Improvement Scotland (the Care Inspectorate); and
- the chief social work officer of the relevant local authority.
Providers must also take all reasonable steps to reduce the risk so that suspensions can be lifted as soon as practicable.
3. Essential visits
Suspension does not apply to essential visits. A visit will be essential where:
- before the suspension is lifted, the resident would have died or undergone (or begun) a significant deterioration in health; or
- the suspension is causing, or is likely to cause, serious harm to the resident’s health or wellbeing, and that harm outweighs the risk.
As above, serious harm is presumed where an ECS is not permitted to visit.
Where a visit is essential, it must be allowed provided the resident and visitor agree to follow reasonable precautions to mitigate risk.
4. Reviewing decisions to suspend visits
Care home providers must review a suspension where they receive a written request on the basis that:
- the visit is an essential visit;
- there has been a failure to comply with the statutory code of practice; or
- there has been a relevant change of circumstances.
A statutory code of practice has now been published and must be taken into account by providers when exercising their duties under the Regulations.
What does Anne’s Law mean for the care sector?
Anne’s Law represents a significant shift in how visits are facilitated by care home services. It recognises that human connection is a fundamental right and essential to wellbeing, and that family and friends play a critical role in care and support.
Ahead of Anne’s Law coming into force, care home providers should consider:
- reviewing and updating visitation policies to reflect ECSs and essential visits;
- ensuring clear systems are in place for recording decisions and communicating them to relevant parties;
- training staff on the new legal framework; and
- supporting decision‑makers in balancing public health considerations with residents’ rights.
If you would like to discuss how Anne’s Law may affect your organisation, please contact Fiona McLeod or your usual Brodies contact.
