Campaigner’s hail ‘milestone’ as Anne’s Law is passed by Holyrood

Families of care home residents have hailed a “milestone” as Holyrood passed new regulations enshrining the rights of those in homes to have contact with loved ones.

MSPs unanimously approved measures known as Anne’s Law, named after Anne Duke, a dementia sufferer who was cut off from her family during the Covid pandemic.

The new regulations will mean homes must support visits, only suspending them if this is deemed to be essential to prevent a serious risk to life.

But even in those circumstances, care homes will still have to allow visits for those who are nearing the end of their life, or for those residents for whom not having contact would cause greater harm.

Care home residents will have their most important visitors named as essential care supporters in personal care plans – with the regulations also creating a legal presumption that suspending these visits is likely to seriously impact upon residents’ health and wellbeing.

Cathie Russell, a spokesperson for the group Care Home Relatives Scotland, said: “We welcome the regulations for Anne’s Law passing this milestone in Parliament today.

“This law ensures that the damage caused by isolating residents from their loved ones and the importance of recognising residents as members of society is always taken into account.

“Those closest to loved ones in care are not simply visitors but essential care supporters. We are grateful to everyone who has worked to make this happen.”

Social care minister Tom Arthur stressed the importance of “meaningful activity and social connections” for the wellbeing and quality of life of those living in care homes.

He said: “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.”

He added he was pleased the Scottish Government had been able to work with Ms Duke’s daughter, Natasha Hamilton, after a petition she started highlighted the issue.

And he said the new regulations were “another important landmark in improving and reforming the social care system”.

Donald Macaskill, chief executive of the industry body Scottish Care, also welcomed the move.

He said: “Scottish Care warmly welcomes the Scottish Parliament’s passing of Anne’s Law.

“Enshrining the right of care home residents to maintain meaningful connections with those who matter most is a vital human rights milestone.

“This legislation recognises the profound importance of relationships, autonomy and emotional wellbeing in care, and we look forward to working with partners to ensure its implementation strengthens the lives of those who live and work in Scotland’s care homes.”