Breaks for carers and Anne’s Law passed in Care Reform (Scotland) Bill

Scottish Parliament has approved legislation aimed at reforming social care and strengthening the rights of people who receive care. 

The government has passed the Care Reform (Scotland) Bill which began as part of plans for a National Care Service, though the government later abandoned this. 

One of the main changes is a right for unpaid carers to take breaks from their caring responsibilities, in which councils will be expected to help them do so. 

The bill also includes Anne’s Law, a legislation that will give people living in care homes the right to regular visits from loved ones, including during emergencies. 

The legislation is named after Anne Duke, who had early-onset dementia and was separated from her family for months during the Covid pandemic. She passed away in November 2021.

Other changes include: 

• Empowering people to access information on their care and improving the flow of information across care settings
• Improving access to independent advocacy to guarantee people are heard and involved in decisions about their own care
• Creating a National Chief Social Work Adviser role to provide professional leadership and champion the sector, as part of plans for a new National Social Work Agency

An advisory board will also be established to oversee progress and scrutinise reform, replacing an interim board that met for the first time in May.

Social Care Minister Maree Todd said: ‘More than 200,000 people across Scotland access care each year.

‘Anyone may need care during their lives, and that care should be high quality and delivered consistently across Scotland. That is why we have been so determined to bring forward much-needed reform, alongside the work we are already doing through the near £2.2 billion total investment in social care and integration in 2025-26.

‘Reform is not easy to deliver and it is being made more challenging by recent UK Government changes to Employer National Insurance Contributions and changes to migration. These will undoubtedly impact on care delivery.

‘However, we have remained steadfast in our commitment to deliver the sustainable change to social care that people urgently need.

‘This is a significant step that will strengthen the rights of people living in care homes, support unpaid carers and social workers and improve experiences for the many people who access social care across Scotland.’