The people who led the fight for care home residents to be able to see their loved ones during exceptional circumstances say the government’s proposals to enact Anne’s Law are now unrecognisable after four years of ‘endless committee’.

The Scottish government committed in its 2021-22 Programme for Government to ensure care home residents have the right to see and spend time with loved ones.

Its proposals for Anne’s Law went on to receive ‘overwhelming support’ from the public.

Now, the original campaigners have told the Scottish parliament’s health and care committee that it is ‘extremely disappointed’ with this part of the National Care Service Bill.

They also suggest that the government might soon remove Anne’s Law provisions from the National Care Service Bill and take it forward separately – a request that was rejected more than two years ago.

Will Anne’s Law be separated from the National Care Service Bill?

Rather than conferring rights to care home residents or their loved ones, the National Care Service Bill would instead give ministers the power to force care homes to allow visitors.

Care Home Relatives Scotland say in its letter to the committee that this ‘is not Anne’s Law as any of us understand it’.

The group has asked the committee to support its concerns that this section of the Bill ‘cannot stand as it is and requires amendment’, to recognise the role of relatives as crucial care givers. 

The husband and widower of Anne Duke, after whom the provisions have been named, has also written to the committee to share his concerns about the lack of progress.

Campbell Duke has told MSPs that he and fellow campaigners have become ‘entangled’ in an ever-expanding series of meetings, consultations, committees and inquiries – and he fears time is now running out.

He writes: ‘Perhaps this anxious little band of concerned citizens will ultimately run out of time, energy and willpower; fearing that in any case there will soon be no living resident in any care home who was actually there during the pandemic.’

Both letters say that the Scottish government has signalled its intentions to now either amend the provisions or entirely decouple Anne’s Law from the National Care Service Bill.

The Scottish government did not confirm or deny that this is their intention when we approached ministers.

A spokesperson told healthandcare.scot that the government remains committed to “engaging fully with all stakeholders as we implement Anne’s Law and establish a National Care Service”.

First Minister John Swinney has committed to deliver Anne's Law by 2026 as part of his first Programme for Government.

 

The long wait for Anne’s Law

Scottish Labour health spokesperson Jackie Baillie MSP, in March 2022, called on ministers to urgently introduce legislation to implement Anne’s Law.

She told MSPs then that the government had for too long ‘dragged its heels’ on strengthening care home residents’ rights.

More than two years later, there is still no clear timetable for the legislation to be passed.

Mr Duke says in his letter that a further three month wait for the provisions to come into effect, in the event Anne’s Law is taken forward separately from the National Care Service, is “entirely unsatisfactory”.

He continues: ‘Why the apparent volte-face by the government?

‘Their commitment to Anne's Law seems all show and little substance. After four years of endless committee, it surely cannot be beyond the assembled talents of the governing party, their civil servants, and their lawyers, to arrive at a satisfactory resolution to a 2021 manifesto commitment.’

 

Read more: Care home families: "we are not unnecessary footfall"; A timeline of Scotland’s National Care Service; New shape of National Care Service emerging

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