Scotland's Anne's Law lets care home residents see and receive care from loved ones

Care home residents in Scotland will have the right to see and receive care from their loved ones, thanks to Anne’s Law, which is being put into practice by the Scottish Government.

Two new Health and Social Care Standards for care homes are being introduced as part of Anne’s Law, which aims to ensure care home residents have rights to see friends and family even during a Covid-19 outbreak. They will also be able to name one or more individuals who can directly help meet their care needs.

Care minister: Residents must get care that 'reflects their rights'

Anne's Law is based on a campaign by Natasha Hamilton, the daughter of 63-year-old care home resident Anne Duke. Anne Duke was a former care home therapist who had been cut off from her family during the pandemic while living with early onset dementia. She did not see her family for months and died in November 2021.

Scotland's Social Care Minister Kevin Stewart said: “We are fulfilling our pledge to introduce the provisions of Anne’s Law as quickly as possible by using our existing legal powers to help ensure care home visitors can be involved in the care and support of their loved ones.

“We will go further by including Anne’s Law within the new National Care Service Bill, with that legislation due to be introduced to the Scottish Parliament in the coming months. We are clear in our expectation that care home residents must have their care delivered in a dignified manner that reflects their rights.”

The Health and Social Care Standards set out what people should expect when receiving health and social care in Scotland. The two new Standards, which will be followed by legislation, are:

• If I am an adult living in a care home and restrictions to routine visiting are needed to prevent infection, I can nominate relatives/friends (and substitutes) to visit me. My nominated relatives/friends will be supported by the care home to see me in person day-to-day and to be directly involved in providing my care and support if that is what I want.

• If I am an adult living in a care home, I can nominate relatives/friends (and substitutes), who will be supported by the care home to be directly involved in providing my day-to-day care and support if that is what I want.

Anne’s Law will be incorporated into primary legislation in the National Care Service Bill, due to be introduced by the end of this Parliamentary year.

The change to the Standards, follows a public consultation which received overwhelming backing for Anne’s Law from those responding, including Scottish Care, which represents care homes.

Scottish Care: 'Critical role' played by family

Donald Macaskill, chief executive of Scottish Care, said the Standards “make explicit what we all recognise, namely the critical role that family and friends play in the care support of a resident in a care home”.

“They clearly underline the rights of residents, should they wish, even during a managed infectious disease outbreak, to have family and friends support them in visiting and support.

“In the months ahead staff, providers, families, and residents will work together to ensure that these rights are understood and that the new Standards are a success.”

The new Standards have been welcomed by families across the country.

A spokesman for Care Home Relatives Scotland (CHRS), said: “Relatives and close friends of those in residential care are not simply visitors, but continue with a caring role and as the voice and representative for our loved ones.

"It is reassuring to know we will always have the right to uphold that essential contact.

“We look forward to working together with all care home staff to ensure the Standards are respected and upheld.”

The Standards must be reflected by care homes in their policies and Scotland’s Care Inspectorate has said it will check whether they are being met when registering and inspecting care homes.

Edith Macintosh, interim chief executive of the Care Inspectorate said: “Meaningful contact must be included in personal care plans, with clear strategies in place for staff to support it. This includes people experiencing care from those close to them when that is their choice.

"These new Standards will be reflected in how we register, inspect and support adult care homes in Scotland, to ensure care services embed them in their practice."