Skip to main content
Knowledge Base
< All Topics
Print

Carers rights

Posted
Updated

The Carers (Scotland) Act 2016 came into force on 1st April 2018 and provides rights to carers in a number of areas including: 


  • a duty for local authorities to provide support to carers, based on the carer’s identified needs which meet the local eligibility criteria 

  • a right to an adult carer support plan and young carer statement to identify your needs and personal outcomes. (This is available to carers of all ages, no matter how many hours of care they provide and whether or not the person they care for provides care) 

  • a requirement for local authorities to have an information and advice service for carers which provides information and advice on, amongst other things, emergency and future care planning, advocacy, income maximisation and carers’ rights 

  • a duty on the NHS to inform and involve you if the person you care for is discharged from hospital. 

It was introduced to try and better support unpaid carers in their role. The Act also expects local authorities to involve carers in decisions that affect them and to be aware of their views in the planning, design and delivery of support services, which could include short breaks services.     


The official document can be found here: https://www.gov.scot/publications/carers-scotland-act-2016-statutory-guidance-updated-july-2021/ 


The carer’s charter includes this information in a slightly easier to read format: https://www.carersuk.org/media/uwlpifuf/carers-charter-your-rights-as-an-adult-carer-or-young-carer-in-scotland.pdf 


We know many people don’t identify themselves as a carer and the act acknowledges this, stating that some people are not identified as carers ‘because they see themselves primarily as a ‘mother’, ‘daughter’ etc’ and that ‘the view that caring is a legitimate domain of family responsibility’. 


Note that carers rights mean you need to be involved if the person you care for is discharged from hospital, but does not give you automatic rights to be involved in their care. Unless there is a different arrangement in place, parents have automatic guardianship of their children and are entitled to be involved in their medical care up to age 12 (more information can be found here: https://brodies.com/insights/family-law/parental-access-to-medical-and-education-records-for-a-child-in-scotland/) 


When a child turns 18 they are classed as an adult, so a parent or carer would need to seek a guardianship order to continue to make medical and care decisions about their child. There is more information on this in the Transition from Child to Adult Services section, and the official guidance on guardianship orders can be found here: https://www.publicguardian-scotland.gov.uk/guardianship-orders 

Under the Carers (Scotland) Act 2016 each local authority must provide an Adult Carer Support Plan to anyone who asks for one, or to anyone it identifies as a carer (and they wish one to be created). They must also provide support to any carer who has identified needs (which meet their local eligibility criteria) that cannot be met through support provided to the person they cared for, or through general local services available to them.  


The plan covers 

  • information about you, including your personal circumstances and the nature/extent of care you provide or intend to provide. This could include childcare responsibilities, finances, paid work or education. 

  • your wellbeing – the impact of caring on your wellbeing and day-to-day life. 

  • your health – including any physical, mental or emotional issues. 

  • your feelings and choices about caring – whether you are willing and able to provide care. 

  • planning for emergencies – helping put in place arrangements for the person you care for in an emergency.  

  • planning for the future – if appropriate, information about planning for the future care of the person you care for. 

  • your goals – helping identify and detail your “personal outcomes”. This is about improving your life and helping you have a life alongside caring. 

  • your needs – what support is needed to help you in your caring role. 

Coalition of Carers has created a leaflet which explains more about the plan: https://www.carersuk.org/media/qb4byhtk/1-what-to-expect-when-you-make-an-adult-carer-support-plan-1.pdf 


Lanarkshire Carers has been commissioned by Lanarkshire’s two health and social care partnerships to support the completion of Adult Carer Support Plans across Lanarkshire. If your support needs cannot be met through their services, an Adult Carer Support Plan can highlight that you may meet the Local Eligibility Criteria for support through the local authority. You can find out more about Lanarkshire Carers and their contact details here: https://lanarkshirecarers.org.uk/services/acsp 

The Carer’s Leave Act came into effect on 6th April 2024 and allows employees who are unpaid carers to take up to five days of unpaid leave to help balance their work and caring responsibilities. You also have the same employment protection as taking other family leave (such as maternity leave) so cannot be dismissed for taking the leave. Your employer isn’t allowed to ask you to provide evidence that you are an unpaid carer. 


Carers UK have created a helpful website about your rights to unpaid leave here: https://www.carersuk.org/help-and-advice/work-and-career/the-carers-leave-act-2023 

Table of Contents