Publication - Consultation paper

Carers Legislation - Consultation on Proposals

Published: 22 Jan 2014
Part of:
Health and social care
ISBN:
9781784122256

A consultation on proposed legislative measures to further support carers and young carers in Scotland.

93 page PDF

1.0 MB

93 page PDF

1.0 MB

Contents
Carers Legislation - Consultation on Proposals
Footnotes

93 page PDF

1.0 MB

Footnotes

1. A body of research over the last few years commissioned by academia, research consultants and the national carers organisations.

2. The Registrar General has projected that the number of people in Scotland aged over 75 will grow by around 10,000 every year, over the decade ahead. Changes in demography will vary in scale depending on location. Around one quarter of Scotland's population will be aged 65 and over by 2033. For some of our more rural areas the proportion is predicted to rise to nearly one third.

3. Carers UK (2013):The State of Caring (295 carers in Scottish sample) http://www.carersuk.org/professionals/resources/research-library/item/3090-the-state-of-caring-2013

4. Scottish Household Survey 2007-08

5. The Scottish Government does not collect data on the number of student carers in Further and Higher Education. However, based on four years of data from the Scottish Household Survey (in order to have a big enough sample), and taking into account those caring for over 35 hours a week, a very rough estimate is 2,300 student carers, both adult and young carers.

6. If a looked-after child cannot remain with their birth parents they can be placed by a local authority in the care of family or friends, for either a short or long period of time. Under the Looked After Children (Scotland) Regulations 2009, these 'kinship carers' are defined as "a person who is related to the child (through blood, marriage or civil partnership) or a person with whom the child has a pre-existing relationship".

7. http://www.legislation.gov.uk/asp/2013/1/contents/enacted

8. http://www.scottish.parliament.uk/help/62233.aspx

9. http://www.scottish.parliament.uk/parliamentarybusiness/Bills/63845.aspx

10. Includes Scottish Welfare Fund, £20 million to local authorities for Discretionary Housing Payments to help mitigate the impact on the 'bedroom tax' and £7.9 million for advice and support services

11. http://www.scotland.gov.uk/Topics/People/welfarereform/EXPERTWORKINGGROUPONWELFARE

12. http://www.cosla.gov.uk/sites/default/files/documents/13-01-25_item_xx_charging_guidance_for_non-residential_social_care_-_charging_guidance__section_6_revised.doc_1.doc

13. http://www.scotland.gov.uk/About/Review/publicservicescommission

14. Overcoming Barriers: Unpaid Care and Employment in England (2012), London School of Economics and Political Science/NIHR School for Social Care Research (Linda Pickard et al) - public expenditure costs of working age carers leaving employment as a result of their caring role are £1.3 billion each year in England. http://blogs.lse.ac.uk/healthandsocialcare/2012/04/25/dr-linda-pickard-public-expenditure-costs-of-carers-leaving-employment/

15. Yeandle S & Wigfield A (eds) (2011) - New approaches to supporting carers' health and well-being: Evidence from the National Carers' Strategy Demonstrator Sites programme http://www.sociology.leeds.ac.uk/assets/files/research/circle/151111-6121-circle-newapproaches-complete-report-web.pdf

16. NEF Consulting (2009) The Social and Economic Value of Short Breaks http://www.lx.iriss.org.uk/content/social-and-economic-value-short-breaks

17. Clifford, J. et al (2011) The Princess Royal Trust for Carers: Social Impact Evaluation using Social Return on Investment, London, The Princess Royal Trust for Carers http://www.carers.org/sites/default/files/prtc_draft_report_v7_final_version_3_with_edits.pdf

18. Buckner, L & Yeandle S (2011) Valuing Carers http://www.carersuk.org/professionals/resources/research-library/item/2123-valuing-carers-2011

19. Section 12AA of the Social Work (Scotland) Act 1968 and section 24 of the Children (Scotland) Act 1995

20. Section 12AB of the Social Work (Scotland) Act 1968 and section 24A of the Children (Scotland) Act 1995

21. Local authorities have powers under section 4 of the 1968 Act to involve other bodies or persons in helping them to carry out their functions, and may delegate functions to Health Boards in accordance with section 15 of the Community Care and Health (Scotland) Act 2002.

22. Carers: Community Care and Health (Scotland) Act 2002, Guidance on sections 8-12, Scottish Executive Circular CCD 2/2003 http://www.sehd.scot.nhs.uk/publications/cc2003_02full.pdf

23. http://www.jitscotland.org.uk/action-areas/talking-points-user-and-carer-involvement/

24. eg Change Fund Plans; note from Carers Trust Learning Exchange, October 2013

25. Carer's assessment and outcome focussed approaches to working with carers: A joint project between Midlothian Council Community Care Team and VOCAL Midlothian Carers Centre, 2013 (CRFR/IRISS) http://www.vocal.org.uk/assets/files/downloads/PROP%20Report%202013.pdf

26. Ordinary Residence Guidance was updated and amended in April 2010 and is set out in Circular CCD 3/2010 and associated regulations. The guidance aims to improve portability of care by introducing transitional arrangements for paying for care when an individual moves from one local authority to another. The guidance will be kept under regular review and will be amended as required to reflect policy changes eg integration of health and social care and self-directed support. http://www.scotland.gov.uk/Resource/0041/00411384.pdf

27. Section 86 of the Social Work (Scotland) Act 1968 deals with recovery of expenditure between local authorities in a number of circumstances involving moves between areas.

28. Carer's assessment and outcomes focused approaches to working with carers. A joint project between Midlothian Council Community Care Team and VOCAL, Midlothian Carers Centre, 2013, CRFR and IRISS http://www.vocal.org.uk/assets/files/downloads/PROP%20report%20summary.pdf

29. https://portal.livingitup.org.uk/

30. http://www.careinfoscotland.co.uk/home.aspx

31. Section 12AB of the Social Work (Scotland) Act 1968 and section 24A of the Children (Scotland) Act 1995

32. Section 12 of the Community Care and Health (Scotland) Act 2002

33. For example, section 12A(4)(b) of the 1968 Act

34. Section 20 of the Children (Scotland) Act 1995

35. http://www.legislation.gov.uk/asp/2011/5/contents/enacted

36. Sections 9 and 10 of the Social Care (Self-directed Support) (Scotland) act 2013

37. http://www.scottish.parliament.uk/S4_Bills/Children%20and%20Young%20People%20(Scotland)%20Bill/b27s4-introd.pdf

38. CIRCLE, New Approaches to supporting carers' health and wellbeing: Evidence from the National Carers Strategy Demonstrator Sites, University of Leeds, 2011 http://www.sociology.leeds.ac.uk/assets/files/research/circle/151111-6121-circle-newapproaches-complete-report-web.pdf

39. Under proposals in the Children and Young People (Scotland) Bill), every child from birth until they reach age 18 or older if still at school will have a Named Person made available to them.

40. Under (GIRFEC) where concerns about wellbeing require coordinated intervention from more than one service or agency, then a Lead Professional will be identified to take on that coordinating role.

41. http://scottishtransitions.org.uk/

42. Principles of Good Transitions Planning, Improving transitions for young people with Additional Support Need (Scottish Transitions Forum) ARC Scotland http://scottishtransitions.org.uk/scottish-transitions-forum-agenda-for-improvement-for-scottish-transitions/

43. http://www.scotland.gov.uk7915469f-50f2-407e-bd05-55a66ff16027 - Supporting Children's Learning - Code of Practice for Additional Support for Learning.

44. http://www.scotland.gov.uk/Publications/2012/11/3248 - Post-16 Transitions Policy and Practice Framework: Supporting all young people to participate in post-16 learning, training or work

45. Better Breaks, Evaluation Report on Round One of Better Breaks, April 2012 - March 2013, Dr Eleanor Logan

46. http://www.sssc.uk.com/Educators-and-training-providers/better-outcomes-for-carers-and-young-carers.html

47. http://www.legislation.gov.uk/asp/2013/1/contents/enacted

48. Section 12A(1)(b)(ii) of the Social Work (Scotland) Act 1968 and section 23(4) of the Children (Scotland) Act 1995

49. http://www.sharedcarescotland.org.uk/_nonhtdocs/pdfs/Its%20About%20Time%20Report%20Nov%202010.pdf

50. http://www.scotland.gov.uk/Topics/Health/Quality-Improvement-Performance/NHS-Performance-Targets/Delayed-Discharge/Protocol)

51. Paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010 includes the definition: '"someone who cares for (or 'a person who cares for') a person, means someone who, being an individual, provides on a regular basis a substantial amount of care for that person, not having contracted to do so and not in the course of providing a care service." This definition is then referred to in section 12 of the Community Care and Health (Scotland) Act and in sections 14 and 16 of the Criminal Justice (Scotland) Act 2003.

52. Care 21, The Future of Unpaid Care in Scotland, 2006 http://www.scotland.gov.uk/Publications/2006/02/28094157/1

53. http://saulbecker.co.uk/v1/downloads/young_carers/research%20policy%20and%20planning%20article%202000.pdf

54. This does not go against section 23 of the Children (Scotland) Act where local authorities can provide services to, inter alia, children who are adversely affected by the disability of a family member but who are not young carers themselves.

55. Caring in Scotland: Analysis of Existing Data Sources on Unpaid Carers in Scotland - http://www.scotland.gov.uk/Resource/Doc/319575/0102110.pdf

56. Caring in Scotland: Analysis of Existing Data Sources on Unpaid Carers in Scotland - http://www.scotland.gov.uk/Resource/Doc/319575/0102110.pdf

57. Respite Care, Scotland 2011 - Official Publication - http://www.scotland.gov.uk/Resource/Doc/360950/0122052.pdf

58. Carers UK (2013):The State of Caring (295 carers in Scottish sample)- http://www.carersuk.org/professionals/resources/research-library/item/3090-the-state-of-caring-2013

59. Caring in Scotland: Analysis of Existing Data Sources on Unpaid Carers in Scotland - http://www.scotland.gov.uk/Resource/Doc/319575/0102110.pdf

60. Caring in Scotland: Analysis of Existing Data Sources on Unpaid Carers in Scotland - http://www.scotland.gov.uk/Resource/Doc/319575/0102110.pdf

61. LGBT Community Needs Assessment Report - http://lgbthealth.org.uk/sites/default/files/Needs%20Assessment%20Sept%2007%20_Updated%20Dec%2007_.PDF

62. 2011 Census: Key Results on Population, Ethnicity, Identity, Language, Religion, Health, Housing and Accommodation in Scotland - Release 2A- http://www.scotlandscensus.gov.uk/documents/censusresults/release2a/StatsBulletin2A.pdf

63. Informal Caring within Scotland's Black and Minority Ethnic Communities - http://www.mecopp.org.uk/files/documents/MECOPP%20publications/Informal%20Caring%20briefing%20sheet%203.pdf

64. Hidden Carers - Unheard Voices - Informal caring within the Gypsy/Traveller community in Scotland - http://www.scottish.parliament.uk/S4_EqualOpportunitiesCommittee/Inquiries/MECOPP.pdf

65. Caring in Scotland: Analysis of Existing Data Sources on Unpaid Carers in Scotland - http://www.scotland.gov.uk/Resource/Doc/319575/0102110.pdf

66. Valuing Carers 2011 - Calculating the value of carers' support - http://www.carersuk.org/media/k2/attachments/Valuing_carers_2011___Carers_UK.pdf

67. A body of research over the last few years commissioned by academia, research consultants and the national carers organisations.

68. Caring Together : The Carers Strategy for Scotland 2010-2015 and Getting it Right for Young Carers: The Young Carers Strategy for Scotland 2010-2015 - http://www.scotland.gov.uk/Publications/2010/07/23153304/0

69. An Introduction to Cultural Competence - http://www.mecopp.org.uk/files/documents/MECOPP%20publications/Cultural%20competence%20briefing%20sheet%206.pdf

70. Valuing Carers 2011 - Calculating the value of carers' support - http://www.carersuk.org/media/k2/attachments/Valuing_carers_2011___Carers_UK.pdf

71. A body of research over the last few years commissioned by academia, research consultants and the national carers organisations.

72. Section 12AB of the Social Work (Scotland) Act 1968 and section 24A of the Children (Scotland) Act 1995

73. Section 12 of the Community Care and Health (Scotland) Act 2002

74. For example, section 12A(4)(b) of the 1968 Act

75. Section 20 of the Children (Scotland) Act 1995

76. http://www.legislation.gov.uk/asp/2011/5/contents/enacted

77. Sections 9 and 10 of the Social Care (Self-directed Support) (Scotland) act 2013

78. http://www.scottish.parliament.uk/S4_Bills/Children%20and%20Young%20People%20(Scotland)%20Bill/b27s4-introd.pdf


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