The Carers (Scotland) Act 2016

The Carers (Scotland) Act, 2016 came into effect yesterday (01/04/18). Here is a snapshot of the key changes and rights that apply under the legislation. Check out the links for full details and definitions. It is important that families are aware of the care/treatment processes and have access to the right information if they are recognised as carers (Young/Adult/Kinship).

The Carers (Scotland) Act 2016

 The Carers (Scotland) Act 2016 became law on the 1st April 2018.

  • The Act extends and enhances the rights of carers in Scotland to help improve their health and wellbeing, so that they can continue to care, if they so wish, and have a life alongside caring.
  • The responsible local authority must provide support to any carer who has identified needs (which meet local eligibility criteria) that cannot be met through support provided to the person being cared for, or through general local services.
  • The Act requires local authorities to have a local information and advice service for carers.
  • Adults: They (local authority) must prepare an adult carer support plan for anyone who meets the definition of a carer if that person requests one.
  • Young people: The responsible authority must offer a young carer statement to anyone they identify as a young carer.
  • Services must provide information and advice about a number of things relevant to carers, including the carers’ rights.
  • The definition of a carer and associated rights are set out in the Carers Charter & some of these include:
    • The right to be involved in services
    • The responsible local authority must offer a care support plan to anyone who identifies as carer.
    • The right to be involved in the hospital discharge process – either planned or unscheduled admission.
    • Involvement in the hospital discharge must happen whether or not the person moves from hospital to their normal home, including further treatment or rehab.
    • ‘Each health board must ensure that, before a cared-for person is discharged from hospital, it involves you in the discharge of the cared-for person.’

All local authorities and health boards have a responsibility to listen to the views of carers in the strategic planning of carer services. Carer representatives and carer organisations may do this on your behalf.

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