Minister pledges to strengthen rights of families to visit care homes

Social care minister Kevin Stewart said the move would be an ‘immediate route to implement Anne’s Law’.

Social care minister Kevin Stewart told MSPs: ‘The legal standards that we are putting in place will provide an immediate route to implement Anne’s Law’ (Yui Mok/PA) (PA Wire)

Family members’ involvement in the care and support of loved ones may be formally recognised in law, Scotland’s social care minister has said.

During a Scottish Labour debate calling for the implementation of Anne’s Law that would allow family members to be recognised as carers to end the “preventable heartache” of being separated from loved ones in care homes, Kevin Stewart told MSPs similar changes could happen by the end of March.

Scottish Labour health spokeswoman Jackie Baillie said that care home residents have been the “forgotten victims of the pandemic” because of the isolation they have faced during repeated lockdowns.

The Scottish Labour motion demanded that “the Scottish Government to urgently introduce legislation to implement Anne’s Law”, named after the mother of Natasha Hamilton who launched a campaign to ensure one family member be granted access to care homes regardless of lockdown levels.

Although the motion was substantially changed by a Scottish Government amendment supported by SNP and Green MSPs, Mr Stewart said the government would seek “strengthened statutory care standards” so that families could be involved in care.

The legal standards that we are putting in place will provide an immediate route to implement Anne's Law

Kevin Stewart, social care minister

He said: “There is no need to undertake further time consuming legislative processes such as SSIs to make change happen.

“I can announce today that using the legal powers under the Public Service Reform Act, we will bring forward – by the end of the month – two new strengthened statutory care standards and this will ensure that visitors can be involved in the care and support of their loved ones and provide a strong emphasis on helping residents and their families remain connected.

“This also means that the Care Inspectorate under their existing legal powers will now have a strengthened role to ensure that these new standards are implemented and, more importantly, upheld.”

He added: “The legal standards that we are putting in place will provide an immediate route to implement Anne’s Law as the Care Inspectorate is required to take account of them within its inspection and enforcement regime.”

Scottish Labour MSP Monica Lennon, who has campaigned for Anne’s Law to be introduced, concluded the debate by saying: “If you look at your own figures, published on the Scottish Government website, we’re actually going backwards because more care homes have put in restrictions.

“There’s a higher number of care homes this week who are only allowing essential and outdoor visits. Have you seen the Scottish weather in the last week? So we cannot be complacent.

“What we’re hearing loud and clear from our constituents and from the Care Homes Relatives Scotland group is that people living in care homes are being treated differently from the rest of society.”

Monica Lennon called for Anne’s Law to be implemented without delay (Fraser Bremner / Scottish Daily Mail / PA) (PA Archive)

She added: “Bring back to our care homes the love and the hope and joy that is missing.

“People want joy, they want hope. People living in care homes – in their own homes -don’t deserve to be treated differently.

“Yes, protect them using all the tools that we have for infection prevention and control, but stop making excuses.

“Just get on and do this. Please, I beg you on behalf of Anne’s family and all those other families who are living through this today.”