“Significant new rights improving support and recognition for unpaid cares have come into force.
Under the Carers (Scotland) Act, all people who provide unpaid care for friends, family, and neighbours will now have the right to a personalised plan. This will identify their needs and help them access information, advice and support, before reaching a crisis point.
Local authorities and health boards will work together to prepare local carer strategies, setting out their plans for identifying and supporting carers in their community. The Act also ensures carers will be involved in individual decisions about their own support and what happens when the person they look after is discharged from hospital
Under the new rights, the definition of a carer will be extended, with the removal of the requirement for ‘substantial caring on a regular basis’, meaning more people will be able to access this support.
The implementation of the Act sits within a wider context of the integration of health and social care, building a fairer Scotland and a strong, sustainable economy, tackling inequalities, and delivering public services with communities. The Carers Act will also work alongside other initiatives to support carers and the people they care for, including transforming primary care, reforming adult social care and the social security system, and improving choice and control.”
Source – Scottish Government
The Carers (Scotland) Act 2016 legislation can be found here.
A summary of the key provisions is provided below.
- A new duty on local authorities to prepare an adult carer support plan (Section 6) or young carer statement (Section 12) for anyone they identify as a carer, or for any carer who requests one
- [Part 2, Section 9 & 15 sets out the range of information that an ACSP and YCS must contain]
- A duty on LA’s to set local eligibility criteria for carer support (Section 21)
- A duty on local authorities (LA’s) to provide support (Section 24) to carers that meet local eligibility criteria
- A duty on LA’s to consider option of breaks from caring when undertaking support planning (Section 25)
- A requirement that LA’s and health boards involve carers in carers’ services, and to involve carers in hospital discharge planning (Sections 27, 28, 29, 30)
- A duty on local authorities and health boards to prepare a carers strategy for their area (Section 31)
- A duty on LA’s to establish and maintain advice and information services for carers (section 34)
- A duty on LA’s to produce a short breaks services statement (section 35) – go here for further information
The following statutory guidance has been prepared:
- Introduction to the Carers (Scotland) Act 2016
- Definition of carer
- Adult Carer Support Plan
- Young Carer Statement
- Local eligibility criteria
- Duty to provide support, including to consider breaks from caring
- Replacement care and waiving of charges
- Waiving of charges
- Carer involvement / Carer involvement in hospital discharge of cared-for person
- Local Carer Strategy
- Information and advice services / Short Breaks Services Statement
- Carers charter (not guidance but included for completeness.)
- Delegation of functions
- Transitional arrangements
To download a copy of the guidance go here