Care Reform (Scotland) Bill: Stage 3 | Scottish Parliament debates

This group of amendments relates to Anne’s law. The amendments set out a clear system that will protect the rights of family members to visit their loved ones in care homes. I pay tribute to the care homes relatives Scotland group, Campbell Duke, who is Anne’s husband, and their daughter Natasha for their patience and for getting us here today.

I will speak to amendments 30 to 32 and 35 to 38. With amendment 30, I wish to remove the words “use their best endeavours” in relation to the duty on care home providers to identify for every resident at least one individual as an essential care supporter. That would strengthen the duty on care home providers to identify an essential care supporter for each resident, to ensure that that is not an optional extra or a tick-box exercise.

That said, I understand that, in practice, there will be situations in which, sadly, it will not be possible to identify someone because a resident has no family or friends. Of course, some residents might not wish to identify someone at all. To allow for those circumstances, I have lodged amendment 31 in addition to amendment 30. Following on from amendment 30, which would remove the words “use their best endeavours”, I wish to ensure that care home providers take into account people’s wishes and circumstances when identifying an essential care supporter. Therefore, I have suggested some exceptions to the identification of an essential care supporter, namely in circumstances where the resident does not want one or where

“nobody can be identified who is able and willing”

to take on that role. I am sure that everyone will agree that, although it is important that everybody has the right to identify an essential care supporter, they also have the right not to choose someone.

I turn to amendment 32. The vital role of the essential care supporter is the essence of Anne’s law. With this amendment, I seek to put beyond doubt that the identification of the essential care supporter will be undertaken in a consultative manner with the care home resident and others. That will mean that care home providers will not make those decisions on their own and will be required to consult with relatives and others to identify an appropriate essential care supporter.

On amendments 35 and 36, I think that we can all agree that the process of suspending visits should require a high bar. We need to get this right. I have listened to care home relatives’ concerns on this issue and I know that the minister has, too. That is why I lodged amendments 35 and 36, which ensure oversight of decisions on visiting. They have been developed in consultation with relatives and others, including the Care Inspectorate.

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