Anne’s Law was developed following the pandemic, when restrictions on care home visits had a significant impact on residents’ health and wellbeing, but will also apply in circumstances such as flu outbreaks.

The regulations establish that homes must allow and support visiting unless suspension is essential to prevent serious risk to life, health or wellbeing. Even then, care homes are still required to facilitate visits for those nearing end of life or where the harm caused by suspension outweighs other risks.

Those who are most important to a care home resident will be named in personal care plans as essential care supporters – with a legal presumption that suspending their visits is likely to seriously harm health and wellbeing. 

Social care minister Tom Arthur said: “Meaningful activity and social connections are important for the wellbeing and quality of life of people living in adult care homes. For many residents, family members or friends build on the support provided by care home staff.

“These regulations enshrine the right to direct contact in law and recognise the vital role family, friends and others play in providing essential care, support and companionship to loved ones in adult care homes.

“In developing the legislation, I am pleased that we were able to work closely with Natasha Hamilton, whose petition first highlighted the issue during the pandemic.

“It is another important landmark in improving and reforming the social care system and I thank Care Home Relatives Scotland and others for their continued work and support.”