Scotland’s Parliament has unanimously backed a reworked set of social care reforms, approving legislation that promises to bolster carers’ rights, tighten oversight of failing providers, and guarantee care home residents the right to see a loved one—even during public health crises.
The Care Reform (Scotland) Bill, passed 116–0 on Tuesday, marks the final form of a once-ambitious blueprint for a National Care Service—now significantly pared down following widespread opposition from unions, councils, and health boards.
Anne’s Law becomes reality
The most symbolic measure in the new law is Anne’s Law, which enshrines in legislation the right for people in care homes to receive visits from a named person, even during lockdown-style restrictions.
The law is named after Anne Duke, who died in November 2021 aged 63, after being isolated from her family while living with early-onset dementia during the Covid-19 pandemic.
“This is about ensuring no family ever again experiences the agony of being cut off from loved ones during moments of vulnerability and decline,” said a government spokesperson.
A right to rest: support for Scotland’s unpaid carers
The new reforms also establish, for the first time, a legal right to breaks for unpaid carers. Councils will now have a statutory duty to assess whether informal carers—often family members—are receiving adequate time away from their responsibilities.
If not, local authorities will be expected to provide support, including respite care or financial assistance for short breaks.
The numbers:
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Unpaid carers in Scotland: Approx. 700,000
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Estimated savings to Scotland’s care system: £13.9 billion annually
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Cost of implementing right to breaks: £196m–£315m by 2035/36
Campaigners welcomed the move, but warned that implementation will depend heavily on local authority capacity and sustainable funding.
‘A small step forward, but real impact’
Social care organisations say the legislation, while not the sweeping reform once promised, will still bring tangible benefits.
Other key provisions include:
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Improved data-sharing across health and care services to reduce duplication and improve continuity
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New procurement rules aimed at ensuring ethical commissioning and fair work standards
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Increased enforcement powers for care regulators to act against underperforming or unsafe providers
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“This legislation may not have delivered a National Care Service, but it delivers Anne’s Law and real help for unpaid carers. That should not be underestimated,” said one stakeholder from a leading social care charity.
What happened to the National Care Service?
The original vision, first introduced in 2021, would have created a centralised national agency to take over adult social care services from Scotland’s 32 local authorities—a seismic structural shift inspired by the creation of the NHS.
But the plan rapidly ran into trouble:
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Trade unions feared job losses and centralisation of power.
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Local councils (through COSLA) objected to the loss of democratic control and local knowledge.
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Health boards and care providers raised doubts about cost, complexity, and delays.
By January 2025, with £30 million already spent and political support collapsing, the SNP government officially dropped the national agency model.
Instead, it committed to creating a National Care Board, a non-executive body that will oversee standards and consistency across the system—without removing services from local authority control.
Maree Todd: “Still committed to the ambition”
Social Care Minister Maree Todd defended the reform package as a pragmatic response to political and economic realities.
“We are still committed to the ambition of improving care for everyone in Scotland,” she said. “This bill moves us closer to that—by ensuring dignity, rights, and accountability.”
Todd acknowledged that the original National Care Service proposal lacked the necessary parliamentary support, particularly after the SNP lost its majority and entered minority government.
Cross-party consensus—but limited transformation
The final bill passed with cross-party support, with even critics of the earlier National Care Service plan voting in favour of its successor.
Yet some campaigners and policy analysts warn that the legislation falls short of the transformative overhaul once promised by the Feeley Review—the 2021 independent report that first called for sweeping change.
“What we’ve got now is more reform than revolution,” said a former government adviser. “But for families in crisis and carers in burnout, that might still mean real change on the ground.”
Key Provisions of the Care Reform (Scotland) Bill
| Provision | Description |
|---|---|
| Anne’s Law | Ensures care home residents can receive visits from a named loved one, even during lockdowns. |
| Carer Breaks Duty | Requires local councils to assess unpaid carers’ needs and provide support if breaks are insufficient. |
| Care Procurement Reforms | Introduces ethical commissioning rules and fair work principles in service contracts. |
| Information Sharing Improvements | Enables smoother sharing of patient information between NHS and care services. |
| Watchdog Enforcement Powers | Strengthens the ability of regulators to penalize failing or unsafe care providers. |
| Element | Status |
|---|---|
| Original National Care Service | Abandoned (Jan 2025) |
| Money spent before cancellation | £30 million |
| New Care Board | Proposed as supervisory body |
| Carers’ Rights Funding (by 2035) | £196m–£315m |
