“The Carers (Scotland) Act 2016, which will come into force on 1 April 2018, represents a bold vision through extending and enhancing the rights of carers.
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 government is currently working on regulations and detailed statutory guidance which will provide the detail on how the legislation is to be interpreted.
UPDATE (28/12/17): The government has published a final draft of the statutory guidance. This can be downloaded here: Carers (Scotland) Act 2016 – Statutory Guidance Draft
The following statutory guidance is being prepared:
- Introduction to the Carers (Scotland) Act 2016
- Definition of carer
- Adult Carer Support Plan
- Young Carer Statement
- Local eligibility criteria – Final
- 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