Publication - Publication

Carers (Scotland) Act 2016: children's rights and wellbeing impact assessment

Published: 29 Mar 2018

Updated children's rights and wellbeing impact assessment (CRWIA) conducted for the Carers (Scotland) Act 2016.

31 page PDF

424.3 kB

31 page PDF

424.3 kB

Contents
Carers (Scotland) Act 2016: children's rights and wellbeing impact assessment
Annex A

31 page PDF

424.3 kB

Annex A

Impact of Carers (Scotland) Act 2016 Provisions and Compliance with UNCRC Requirements

Act - Provision

Aims of measure

Likely to impact on

Compliance with UNCRC requirements

Contribution to wellbeing indicators

s1 – Meaning of carer The Carers (Scotland) Act 2016 (Agreements of a Specified Kind) Regulations 2018

This section defines a "carer" as an individual who provides or intends to provide care for another individual.

There are further provisions which govern who can be considered to be a carer under the Act.

Parents of children and young people who require additional care over and above that required because of the child's age are included within the definition of "carer" under the Act. Persons who provide care under virtue of a contract are generally excluded from being 'carers' within the meaning of the Act, but this is subject to a power for the Scottish Ministers to adjust this by regulations. This Regulation specifies that a kinship care agreement under regulation 12 of the Looked After Children (Scotland) Regulations 2009 cannot be viewed as a "contract" for the purposes of the Act.

Cared-for children and young people will experience an indirect positive impact as a result of the provision.

Cared-for children who are looked after by a kinship carer with an agreement under regulation 12 of the Looked After Children (Scotland) Regulations 2009 will experience an indirect positive impact as a result of this Regulation.

In very rare circumstances, a young person under the age of 18 may be undertaking a kinship caring role as defined above and will benefit from the support provided to them as a carer.

Parents, kinship carers and/or guardians who provide additional care to children and young people over and above that required because of the child's age, will fall within the definition on carer in the Act. They will therefore be eligible for an adult carer support plan ( ACSP) and may benefit from all other provisions that relate to carers under the Act.

There is evidence to suggest that parents of such children and young people are in need of better support. By better supporting the carer, the cared-for person will also be better supported.

Support under the Act will be available to kinship carers with an agreement under regulation 12 of the Looked After Children (Scotland) Regulations 2009, only if they provide additional care to the child or young person over and above that required because of the child's age. There is evidence to suggest that kinship carers in this situation are in need of further support on top of kinship allowance or assistance to help meet their particular needs as an unpaid carer and by better supporting them, the cared-for child will also be better supported.

The provision does not infringe upon any of the indicators. It is likely to have a positive impact on the following indicators:

Healthy, Nurtured, Included

Research shows that the outcomes of the cared-for person are inextricably linked to the outcomes of the carer. Cared-for children and young people are likely to benefit from any therapeutic benefit or support received as a result of the new rights conferred upon their carer.

s2 – Meaning of young carer

This section defines a "young carer" as a carer who is under 18 years old or who has reached 18 years while a pupil at school and since attaining that age remains a pupil at that or another school.

Children and young people who are young carers may experience a direct impact from this provision.

The provision complies with Article 1 – definition of a child as every human being below the age of 18.

All wellbeing indicators have the potential to be met.

The Act defines young carers as any carer under 18. This means that, by law, any young person under the age of 18 with caring responsibilities may benefit from all the provisions within the Act which apply to young carers, such as the right to ask for or be offered a young carer statement.

s4 – Meaning of personal outcomes

Personal outcomes are defined in the Act, in relation to carers, as including outcomes which would, if achieved, enable carers to provide or continue to provide care for the cared-for persons.

Children and young people who are young carers may experience a direct impact from this provision.

Organisations representative of young carers have questioned whether this provision complies with Article 31 – right to leisure, play and culture.

It was felt that personal outcomes should be defined in relation to a child's rights, rather than in relation to the caring role.

Personal outcomes are fundamental to the assessment of a carer's needs for support under Part 2 of the Act. The intention is that personal outcomes are identified which include outcomes which when achieved enable carers to provide or continue to provide care for the cared for person. Within this there is scope to set personal outcomes creatively so that a child's right to leisure, play and culture can be achieved, if these are outcomes identified by the child or young adult. The Carers (Scotland) Act 2016 (Adult Carers and Young Carers: Identification of Outcomes and Needs for Support) Regulations 2018 (made under Section 14 of the Act) make clear that identification of personal outcomes and needs for support are integral to the duty to prepare the young carer statement (sections 12, 15 and 17 below). The policy memorandum to the Act is clear that the intention for young carers is that they should have a childhood similar to their non-carer peers.

In cases where the carer is very young (under 5) the focus will be on providing adequate support to the cared-for person so that the child can be managed out of their caring role.

All wellbeing indicators have the potential to be met.

Personal outcomes are relevant to the consideration of a carer's needs for support under Part 2 of the Act and provision of such support under Part 3. The extent to which wellbeing indicators may be met will be contingent upon the particular personal outcomes the child or young person chooses to set and the extent to which they regard these personal outcomes as having been achieved.

s6 – Duty to prepare an adult carer support plan

The Act places a duty on the responsible local authority to offer an adult carer support plan ( ACSP) to those persons it identifies as a carer or to those carers who request an ACSP.

The duty to offer an ACSP is placed on responsible local authorities. The Act confers a right on adult carers to request an ACSP.

Children and young people who require care over and above that required because of their age may experience an indirect positive impact as their parents/guardians may be better supported in their caring role, which will ultimately be of benefit to the child/young person.

The provision does not infringe upon any UNCRC Article. Scottish Government considers that it gives further effect to:

  • Article 3 – Best interests of the Child;
  • Article 5 – Parental guidance and a child's evolving capacities;
  • Article 6 – Life, survival and development;
  • Article 7 – Birth Registration, name, nationality, care;
  • Article 9 – Separation from parents;
  • Article 18 (1,2) – Parental responsibilities and state assistance;
  • Article 23 – Children with disabilities;
  • Article 24 – Health and health services;
  • Article 27(1-3) – Adequate standard of living.

Adult carers of children and young people who require care over and above that required because of the child's age will be able to assert their right to request an ACSP which the responsible local authority will be under a duty to prepare. The ACSP will be used to identify the adult carer's personal outcomes and needs for support. The carer's identified needs are assessed against the local eligibility criteria to determine whether support will be provided.

There is evidence to suggest that better supporting an adult carer will improve their health and wellbeing which will enable them to continue in their caring role. The child or young person, will be better supported by their parent/guardian/carer and, reducing the risk of the caring relationship reaching crisis point.

The provision does not infringe upon any of the indicators.

The provision may have a positive effect on the following indicators:

Safe, Healthy, Achieving, Nurtured, Active, Respected

Included

The right to an adult carer support plan for carers of children and young people may result in an improvement in the carer's health and wellbeing. This has the potential to lead to benefits for their child in terms of helping the parent to discharge their parental responsibilities and supporting the child to grow up in a healthy, nurturing and safe environment.

s9 – Content of adult carer support plan

This provision sets out what information an ACSP must contain. Among other provisions, this includes:

  • The extent to which the adult carer is able and willing to provide care for the cared-for person;
  • the support generally available to the adult carer and the cared-for person in the area of the responsible authority.

Cared-for children and young people may be indirectly affected as the adult carer support plan may record, for example, information about the cared-for child's needs for support.

The provision requires to be considered in the context of:

  • Article 16 – Right to Privacy

In order to comply with the requirements of the Act's provisions about the content of the ACSP and in particular provisions which require the inclusion of information about the caring role, local authorities may record information about the cared-for person. Some stakeholders expressed concerned about Data Protection and information sharing in this regard. In particular, it has been highlighted this could present a risk to the right to privacy of the cared-for person.

The Privacy Impact Assessment prepared for the Act sets out how the Scottish Government will ensure that an individual's right to privacy will be protected and enhanced.

Scottish Government considers that as a result of the provision, the following Articles will be given further effect:

  • Article 5 – Parental guidance and a child's evolving capacities;
  • Article 8 – Protection and preservation of identity;
  • Article 9 – Separation from Parents;
  • Article 12 – Respect the views of the child;
  • Article 13 – Freedom of expression.

As above.

Furthermore, guidance produced under the Act will enhance the Respected indicator. A cared-for child will be required to give explicit consent for any of their personal sensitive data to be recorded, handled and/or shared as part of their parent or guardian's adult carer support plan.

s11 – Adult carer support plan: provision of information to carer etc.

This section provides that the responsible local authority must provide the information contained in the ACSP to the adult carer to whom the plan relates and to any other person(s) at the carer's request.

Subsection (2) provides that local authority does not have to provide this information where it considers it would not be appropriate.

Cared-for children and young people may be indirectly affected as the adult carer support plan may record, for example, information about the cared-for child's needs for support.

The provision requires to be considered in the context of:

  • Article 16 – Right to Privacy

The provision sets out that the information contained within the ACSP should be provided to the adult carer. The adult carer may also specify any other person with whom they would like to share their ACSP.

In complying with this provision, information held on the ACSP may be shared. Some stakeholders are concerned that this may not be consistent with data Protection principles and the right to privacy of the cared-for person (cared-for child or young person) if the ACSP contains any of their personal sensitive data. However, the provision sets out that the local authority does not have to provide this information where it considers doing so would be inappropriate. In practice, this might be invoked if the local authority is in a situation where they do not have the consent of the cared-for person to share the information contained within the ACSP beyond the adult carer.

As the intention is to create guidance which will set out the requirement to obtain explicit consent from the cared-for for their information to be shared, Scottish Government would consider that this provision gives further effect to:

  • Article 3 – Best interests of the child;
  • Article 8 – Protection and preservation of identity;
  • Article 12 – Respect for the views of the child.

In addition, Scottish Government would consider that the provision gives further effect to:

  • Article 5 – Parental guidance and a child's evolving capacities;
  • Article 9 – Separation from parents;
  • Article 18 (1,2) – Parental responsibilities and state assistance.

As above

s12 – Duty to prepare a young carer statement

The Act places a duty on the responsible authority to offer a YCS to those persons it identifies as a young carer or to young carers who request a YCS.

This may be of direct benefit to children and young people who have caring responsibilities.

Cared-for young people may experience an indirect positive impact if the person caring for them is a child or young person ( e.g. their sibling). This is because the young carer will be better supported in their caring role which will ultimately be of benefit to the child/young person being cared for.

Some stakeholders felt that by making provision for a separate support plan for young carers, the Act could counter the spirit of Getting It Right For Every Child ( GIRFEC). They felt it could also undermine the child's plan and the intention for there to be one plan for every child.

It is the intention of the Scottish Government that the YCS will complement and be consistent with existing legislation which promotes the rights and wellbeing of children and young people, including the Children and Young People (Scotland) Act 2014. The introduction of a YCS provides for the situation where a young carer may not have an established child's plan. The intention and focus of the child's plan and young carer statement are different. The child's plan brings together into one place all the support a child receives. However it is not a vehicle with which to assess all of a child's needs and therefore other assessment or support tools such as the young carer statement are also required.

With regards to young carers at independent schools, the Act provides under s20 that the responsible authority for preparing a YCS is the directing authority of the independent school. The Scottish Government acknowledges that workforce development will be necessary to implement the Act's provisions. It is expected that such facilities will be made available to directing authorities of independent and grant-aided schools.

We would therefore consider that it gives further effect to:

  • Article 2 – Non-discrimination;
  • Article 3 – Best interests of the Child;
  • Article 5 – Parental guidance and a child's evolving capacities;
  • Article 6 – Life, survival and development;
  • Article 7 – Birth Registration, name, nationality, care;
  • Article 8 – Protection and preservation of identity;
  • Article 9 – Separation from parents;
  • Article 12 – Respect for the views of the child;
  • Article 15 – Freedom of association;
  • Article 17- Access to information; mass media;
  • Article 18 (1,2) – Parental responsibilities and state assistance;
  • Article 23 – Children with disabilities;
  • Article 24 – Health and health services;
  • Article 26 – Social security;
  • Article 27(1-3) – Adequate standard of living;
  • Article 28 – Right to education;
  • Article 30 – Children of minorities/indigenous groups;
  • Article 31 – Leisure, play and culture.

The provision is expected to have a positive effect on all wellbeing indicators.

The preparation of a YCS may lead to improved support for the young carer. This could mean that the young carer receives additional help to ensure they are living in a nurturing and safe home; the young carer receives a break from caring and is able to pursue other opportunities such as sport and leisure; that they receive help to overcome any inequalities experienced as a result of their caring role.

The Act aims to respect the young person's caring responsibilities. It aims to help them to achieve their personal outcomes, which may include developing skills or entering further education. Throughout the Act there are provisions which ensure that the young carer's views are sought and respected taken into account as far as practicable in relation to decisions that may affect them.

s15 – Content of young carer statement

This provision sets out what information a YCS must contain. These provisions include:

  • The extent to which the young carer is able and willing to provide care for the cared-for person;
  • Whether the nature and extent of the care provided by the young carer is appropriate;
  • the support generally available to the young carer and the cared-for person in the area of the responsible authority

Children and young people who are young carers will be directly affected by this provision as the content of the YCS will contain information which pertains directly to them in relation to their role as a young carer.

Cared-for young people may be indirectly affected if it is their sibling who provides them with care.

As with s9 and s11, the provision requires to be considered in the context of:

  • Article 16 – Right to Privacy.

The YCS will set out information pertaining to the young carer's caring role as well as information relating to the cared-for person, who may be a disabled child or young person.

Some stakeholders are concerned about information sharing. In particular, it has been highlighted there could be a risk to the right to privacy of the cared-for person.

As with s8, we would consider that this provision gives further effect to:

  • Article 8 – Protection and preservation of identity
  • Article 12 – Respect the views of the child;
  • Article 13 – Freedom of expression.

As above.

s17 – Young carer statement: provision of information to carer

This section provides that the responsible authority must provide the information contained in the YCS to:

  • the young carer to whom the YCS relates;
  • any other person the young carer requests.

Subsection 3 sets out that the responsible authority does not have to provide this information where it considers it would not be appropriate.

Children and young people who are young carers will be directly affected.

Young people who are the cared-for may be indirectly affected as the YCS may record, for example, information about their needs for support.

Originally the Carers (Scotland) Bill contained provisions which provided that the information contained in the YCS should be automatically provided to the young carers named person service and that the named person service should also be notified if a young carer was offered or requested a young carer statement. Some stakeholders raised concerns that this may prevent young carers from coming forward to request a young carer statement and that both provisions mitigated against the young carers right to privacy.

Scottish Government recognised those concerns and brought forward an amendment to remove those provisions from the Carers Bill, relying instead on the agreed framework under

section 26 of the Children and Young People (Scotland) Act 2014 Act. This provides the framework under which such information may be shared between service providers and the named person service provider.

As with s9, 11 and 15, the provision requires to be considered in the context of:

  • Article 16 – Right to Privacy

The remaining provisions set out that the information contained within the YCS should be provided to the young carer. The young carer may also specify any other person with whom they would like to share their YCS. In complying with this provision, information held on the YCS may be shared. However, the provision sets out that the local authority does not have to provide this information where it considers doing so would be inappropriate. In practice, this might be invoked if the local authority is in a situation where they do not have the consent of the cared-for person to share the information contained within the YCS beyond the young carer.

As above.

Young carers will be able to determine with whom the information in the young carer statement is shared.

With reference to section 26 of the Children and Young People (Scotland) Act 2014, the information contained in a YCS can only be shared with the young carer's named person service provider if the nature of that information is such that it is relevant to or necessary for the exercise of the named person's functions (and does not prejudice the conduct of any criminal investigation or prosecution of any offence).

In deciding what information to share, the local authority / health board with responsibility for the YCS must have regard to the views of the child / young carer, bearing in mind their age and maturity. It must also be considered that the likely benefit to the child/young person's well-being of sharing the information contained in a YCS outweighs any likely adverse effect of doing so.

s21 – Duty to set local eligibility criteria

This section requires the local authority to set local eligibility criteria for its area. Local eligibility criteria are defined as the conditions which a local authority must use to establish whether it is required to provide support to a carer to meet the carer's identified needs.

Before setting its local eligibility criteria, the local authority must involve and consult with such persons and bodies representative of carers as considered appropriate by the local authority. It must also take such steps as it considers appropriate to involve carers.

Children and young people who are young carers may be directly affected by this provision.

The provision does not infringe upon any UNCRC Article.

Scottish Government consider that it gives further effect to the general principles of the UNCRC. That is:

  • Article 2 – Non-discrimination;
  • Article 3 – Best interests of the child;
  • Article 6 – Life, survival and development; and
  • Article 12 – Respect for the views of the child.

The evidence gathered during consultation indicated strong support for children and young people to have a genuine input into the services that affect them.

By ensuring that local authorities must consult with groups representative of carers (including young carers) the Act will enable children and young people to be involved in the setting of local eligibility criteria.

The provision will have a positive effect on the following wellbeing indicators:

Respected.

Responsible.

Young carers must be involved and consulted by the local authority before it sets its eligibility criteria. In practice, this might mean a group of young carers are consulted and/or organisations representative of young carers.

s22 – Publication and review of criteria Regulations under 22 (2) and (3) - The Carers (Scotland) Act 2016 (Prescribed Days) Regulations 2017

This section requires that each local authority must publish and review its local eligibility criteria.

These Regulations prescribe to local authorities the date from which the six month period of publication of their local eligibility criteria begins; and prescribe a period by which the local authority must have reviewed its local eligibility criteria.

Children and young people who are young carers may be indirectly affected by this provision

Through the publication of the local eligibility criteria, children and young people who are carers will be able to access the information on their right to support under the Act.

These provisions and Regulations do not infringe upon any UNCRC article.

Scottish Government consider that they gives further effect to the general principles of the UNCRC. That is:

  • Article 42 – Knowledge of rights.

The provisions and Regulations will have a positive effect on the following wellbeing indicator:

Included.

s24 – Duty to provide support

Where a carer has needs which have been identified in the course of preparing a YCS and which cannot be met through the provision of general services in the responsible local authority's area (for example information and advice), the local authority is required to apply its local eligibility criteria.

Needs which meet local eligibility criteria are referred to as "eligible needs".

This section places a duty on the responsible local authority to provide support to the carer to meet those eligible needs. The responsible local authority also has a power to provide support to meet needs which do not meet the eligibility criteria.

Children and young people who are young carers who have eligible needs may benefit directly from this provision.

Cared-for young people whose parents or guardians have eligible needs may benefit indirectly from this provision.

The Act places a duty on local authorities to provide support to meet a carer's eligible needs. The provision has the potential to advance several of the UNCRC Articles for young carers. Which Articles are engaged will be dependent on the nature of the support to be provided to the young carer. For example, if the young carer identifies a break from caring to pursue leisure activities as a personal outcome they wish to achieve and the local authority determines that the young carer is eligible to receive support, then support can be provided to the young carer to facilitate this outcome. This could be seen to further Article 31 – the right to leisure, play and culture – which may have otherwise been infringed by the young person's caring responsibilities.

Cared-for young people whose parents or guardians may also benefit from this provision similarly stand to have several of their rights advanced. Evidence shows that families with children who have care needs over and above those required because of the child's age, such as disabled children, are often deprived of basic necessities, such as food, heating, leisure time, or specialist equipment, to sustain the health and wellbeing of their families. This carries repercussions for the cared-for person as the carer may not be able to source affordable and appropriate childcare.

Therefore, if the adult carer has eligible needs and subsequently receives support, the Act could advance a disabled child's rights under, e.g. Article 24 – Health and health services.

There is the potential for a positive impact on all wellbeing indicators where the young carer has eligible needs and receives support under this provision.

s25 – Provision of support to carers: breaks from caring

This section requires a local authority to consider whether any support provided under section 24 should include a break from caring.

As above.

As above.

As above.

s27 – Duty to involve carers in carer services

This section requires each local authority and health board to take steps to involve:

  • carers;
  • such persons and bodies representative of carers as the local authority or health board considers appropriate; in carer services.

"Carer services" is defined as all services provided by the local authority or health board to carers (in their role as such) and cared-for persons (in relation to care which they receive).

S27(5)(a) of the Act provides that children's services may be excluded from being 'carer services' Such services are only be excluded where equivalent consultation with carers and carer representatives has been carried out under the Children and Young People (Scotland) Act 2014. The purpose of this is to avoid unnecessary duplication of consultation requirements.

Children and young people who are young carers may directly benefit from this provision.

As with s21 the provision does not infringe upon any UNCRC Article.

The Scottish Government consider that this provision gives further effect to the general principles of the UNCRC. That is:

  • Article 2 – Non-discrimination;
  • Article 3 – Best interests of the child;
  • Article 6 – Life, survival and development; and
  • Article 12 – Respect for the views of the child.

The evidence gathered during consultation indicated strong support for children and young people to have a genuine input into the services that affect them.

The nature of this provision means that local authorities will have to consult with carers, young carers, and bodies representative of both groups in the provision of carer services. This will ensure that the views and interests of young carers will be taken into account by local authorities.

It is considered that the provision will have a positive effect on the following wellbeing indicators:

Respected.

Responsible.

Young carers must be involved and consulted by the local authority. In practice, this might mean a group of young carers are consulted and/or an organisation representative of young carers. This will ensure that young carers have valued input into the services and decisions which will impact them directly.

s28 – Carer involvement in hospital discharge of cared-for persons

This section requires that:

  • before a cared-for person is discharged from hospital, the relevant health board must involve the carer in the discharge.
  • The health board must take appropriate steps to inform the carer of the intention to discharge the cared-for person and invite the carer to give views about the discharge and take account of these views "as far as it is reasonable and practicable to do so".
  • The section applies where the health board can identify a cared-for person's carer "without delay" and where the cared-for person is likely to require further care after discharge.

Young people and children who are young carers may be directly affected by these provisions

Young people who are the cared-for person may be affected indirectly as a result of this.

This provision does not infringe upon any UNCRC Article.

The Scottish Government considers that it gives further effect to the general principles of the UNCRC. That is:

  • Article 2 – Non-discrimination;
  • Article 3 – Best interests of the child;
  • Article 6 – Life, survival and development;
  • Article 12 – Respect for the views of the child and
  • Article 13 – Freedom of expression.

These provisions will ensure that young carers have their opinions and views listened to in the hospital discharge of their cared-for person, impacting on decisions which may directly affect their caring role.

Cared-for young people may benefit indirectly from this as a result of their carer bring fully prepared in their caring role before, during and after hospital discharge.

It is considered that the provision will have a positive effect on the following wellbeing indicators:

Respected.

Responsible.

s29 – Involvement of, assistance to and collaboration with carers

This section requires a local authority to have regard to the general principles in section 1 of the Social Care (Self-directed Support)(Scotland) Act 2013 when exercising functions under Part 2 ( ACSP and YCS) and Part 3 (provision of support to carers) of this Act.

These general principles are that the carer must have as much involvement as he or she wishes in relation to the preparation of the ACSP or YCS and the provision of support under s24 of the Act, and that the local authority must collaborate with the carer in respect of those matters. The carer must also be provided with any assistance reasonably required in order to be able to express views or make an informed choice about options for self-directed support.

Children and young people who are young carers may directly benefit from this provision.

As above.

The nature of this provision means that young carers are involved in the preparation of their Young Carer Statement. This will give them the opportunity to express their views and for these to be listened to and respected by service providers.

Some young carers statements will be prepared by health boards and directing authorities (for pre-school children and children at grant-aided or independent schools, respectively).

It is intended that equivalent provisions for young carer involvement in these circumstances will be set out in directions or guidance.

As above.

s30 – Care assessments: duty to take account of care and views of carers

This section makes consequential amendments to section 12A of the Social Work (Scotland) Act 1968 and section 23 of the Children (Scotland) Act 1995, which concern assessments of people in need of community care services and of children affected by disability respectively.

The amendments require the authority preparing such assessments to take into account the care which is provided, or to be provided by any carer. This can be identified by reference to the information contained in the ACSP or YCS.

The local authority must also take into account the views of the carer, so far as it is reasonable and practicable to do so, when determining the needs of the person being assessed and deciding what services to provide and how to provide them.

Children and young people who are young carers will benefit directly from this provision.

As above.

The nature of this provision means that the views of young carers and the nature and the extent of the care they are willing to provide will be taken into account when an assessment of the cared-for person is carried out.

As above.

s31 – Duty to prepare local carer strategy

This section requires that each local authority and health board must jointly prepare a local carer strategy.

Before preparing its local carer strategy, the local authority and relevant health board must jointly consult with such persons and bodies representatives of carers as they consider appropriate. It must also take such steps as it considers appropriate to involve relevant carers.

Children and young people who are young carers may benefit directly from this provision.

Scottish Government do not consider that the provision infringes upon any UNCRC Article.

Scottish Government consider that it gives further effect to the general principles of the UNCRC. That is:

  • Article 2 – Non-discrimination;
  • Article 3 – Best interests of the child;
  • Article 6 – Life, survival and development; and
  • Article 12 – Respect for the views of the child.

The evidence gathered during consultation indicated strong support for children and young people to have a genuine input into the service(s) that affect them.

By ensuring that local authorities and health boards jointly consult with carers, young carers and organisations representative of these groups in the preparation of the local carer strategy, the views of young carers will be taken into account.

As above.

s32 – Preparation of local carer strategy

This section sets out a non-exhaustive list of factors to which the local authority must have regard in preparing its local carer strategy. This specifically includes the SHANARRI well-being indicators under the Children and Young People (Scotland) Act 2014.

Children and young people who are young carers may benefit indirectly from this provision.

Scottish Government considers that this provision gives further effect to the general principles of the UNCRC. That is:

  • Article 3 – Best interests of the Child
  • Article 24 – Health and health services

This is because the local carer strategy must be developed taking into account the SHANARRI well-being indicators and the aims under s9 of the Children and Young people(Scotland) Act 2014. These are that the local authority must ensure that children's services in the area concerned are provided in the way which—

(i) best safeguards, supports and promotes the wellbeing of children in the

area concerned,

(ii) ensures that any action to meet needs is taken at the earliest appropriate

time and that, where appropriate, action is taken to prevent needs arising,

(iii) is most integrated from the point of view of recipients, and

(iv) constitutes the best use of available resources.

This provision will ensure that a local authority gives due consideration to all wellbeing indicators when preparing its local carer strategy.

s34 – Information and advice service for carers

This section provides that each local authority must establish and maintain an information and advice service for carers in its area.

The information and advice must be provided in a manner that is accessible and proportionate to the needs of the persons to whom it is provided.

Children and young people who are young carers may benefit directly as a result of this provision.

Cared-for young people may benefit indirectly as their carers will benefit directly.

The provision does not infringe upon any UNCRC Article.

Scottish Government consider that it could give further effect to:

  • Article 17 – Access to information; mass media; and
  • Article 24 – Health and health services.

The nature of the provision is such that the information and advice service must be accessible and proportionate to young carers. For instance, this may involve the use of social media as an information and advice platform.

The provision may have a positive effect on the following wellbeing indicators:

Respected.

Responsible.

Included.

Healthy.

The information and advice must be provided to the young carer in a form that is appropriate and accessible. Such information and advice could improve the young carer's health and wellbeing.

s35 – Short breaks services statements

Regulations under s35(4) -The Carers (Scotland) Act 2016 (Short Breaks Services Statements) Regulations 2018

This section requires each local authority to prepare and publish a short breaks services statement.

This must accessible to and proportionate to the needs of the persons to whom it is provided.

Children and young people who are young carers may benefit directly from this provision.

As above.

The nature of the provision is such that the short breaks services statement must be published in an accessible format for the young carer. For instance, this may involve the use of social media as a platform for advertising any short breaks services in the local authority's area.

As above.

s36 – Carers' charter

This section requires that Scottish Ministers prepare a Carers' charter to set out the rights of carers as provided in or under the Carers (Scotland) Act 2016. The charter may contain other information such as rights that Scottish carers have under or by virtue of other Scottish and/or UK legislation or international conventions.

Children and young people who are young carers may directly benefit from this provision.

The provision is not considered to infringe upon any UNCRC Article.

Scottish Government consider that it could give further effect to:

  • Article 17 – Access to information; mass media.
  • Article 47 – Knowledge of rights.

Young people who are young carers will benefit from access to information contained in the carers' charter.

The provision may have a positive impact on the following wellbeing indicators:

Included.

Responsible.


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