Publication - Guidance

Carers (Scotland) Act 2016: statutory guidance

Published: 23 Mar 2018

Statutory guidance to accompany the Carers (Scotland) Act 2016.

150 page PDF

1.2 MB

150 page PDF

1.2 MB

Contents
Carers (Scotland) Act 2016: statutory guidance
Footnotes

150 page PDF

1.2 MB

Footnotes

1 Public Bodies (Joint Working) (Prescribed Local Authority Functions Etc.) (Scotland) Amendment (No. 2) Regulations 2017 and the Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Amendment Regulations 2017.

2 http://www.legislation.gov.uk/ukpga/1995/36/section/23

3 Kinship carer is a term that is used to define someone who is looking after another individual’s child because they are unable to do so. The individual must either be:
- a person who is related to the child; or
- a person who is known to the child and with whom the child has a pre-existing relationship.
There are a number of recognised “types” of kinship carer and situations will differ depending on the family’s circumstances .

4 SSI 2017/257 http://www.legislation.gov.uk/ssi/2017/257/made

5 Under regulation 12 of the Looked After Children (Scotland) Regulations 2009 ( SSI 2009/210) http://www.legislation.gov.uk/ssi/2009/210/part/V/made

6 The body responsible for preparing the young carer statement – as defined in section 41 of the Act.

7 Defined in the glossary.

8 Exceptions would include where the child has been removed from the care of the parent or guardian and placed in a residential setting by the Children’s Reporter, it would be unlikely that they would be undertaking the role of an unpaid carer.

9 A Supreme Court decision in July 2015 highlighted the care provided by parents to a disabled child during a long-stay in hospital: https://www.supremecourt.uk/cases/docs/uksc-2014-0166-press-summary.pdf.

10 SSI 2017/449 http://www.legislation.gov.uk/ssi/2017/449/contents/made

11 This is defined differently to the ‘responsible authority’ for young carer statements, explained in Chapter 2 of Part 2.

12 See MECOPP’s publication, ‘Carers (Scotland) Act 2016 and Equalities’ for further information on issues to consider for particular groups of carers with protected characteristics. http://www.mecopp.org.uk/files/documents/mecopp%20publications/mecopp_briefing_sheet_10pdf

13 https://www.scie.org.uk/publications/guides/guide18/teaching/howtaught.asp

14 http://arcuk.org.uk/scotland/files/2011/08/JIT-Good-conversations.pdf

15 https://personaloutcomes.files.wordpress.com/2014/04/talk_about_outcomes_01.pdf

16 http://www.gov.scot/Topics/Health/Support-Social-Care/Adult-Support-Protection

17 http://www.enable.org.uk/families/Pages/Emergency-Planning.aspx

18 http://www.gov.scot/Publications/2016/03/5362

19 http://ihub.scot/anticipatory-care-planning-toolkit/

20 http://ihub.scot/anticipatory-care-planning-toolkit/

21 http://www.gov.scot/Topics/Health/Support-Social-Care/Unpaid-Carers/Implementation/UsefulResources

22 See MECOPP’s publication, ‘Carers (Scotland) Act 2016 and Equalities’ for further information on issues to consider for particular groups of carers with protected characteristics. http://www.mecopp.org.uk/files/documents/mecopp%20publications/mecopp_briefing_sheet_10pdf

23 http://www.gov.scot/Topics/Health/Support-Social-Care/Support/Self-Directed-Support

24 http://www.gov.scot/Resource/0044/00446933.pdf

25 SSI 2018/33 http://www.legislation.gov.uk/ssi/2018/33/contents/made

26 See MECOPP’s publication, ‘Carers (Scotland) Act 2016 and Equalities’ for further information on issues to consider for particular groups of carers with protected characteristics. http://www.mecopp.org.uk/files/documents/mecopp%20publications/mecopp_briefing_sheet_10pdf

27 http://www.gov.scot/Resource/0041/00417256.pdf

28 http://www.gov.scot/Publications/2011/04/04090720/0

29 http://www.gov.scot/Publications/2007/12/05100056/0

30 http://www.gov.scot/Publications/2014/05/3052/0

31 http://www.gov.scot/Topics/Health/Support-Social-Care/Adult-Support-Protection

32 http://www.gov.scot/Topics/People/Young-People/gettingitright/publications/revised-draft-guidance

33 http://www.enable.org.uk/families/Pages/Emergency-Planning.aspx

34 http://www.gov.scot/Publications/2016/03/5362

35 http://www.gov.scot/Topics/Health/Support-Social-Care/Unpaid-Carers/Implementation/UsefulResources

36 See MECOPP’s publication, ‘Carers (Scotland) Act 2016 and Equalities’ for further information on issues to consider for particular groups of carers with protected characteristics. http://www.mecopp.org.uk/files/documents/mecopp%20publications/mecopp_briefing_sheet_10pdf

37 http://www.legislation.gov.uk/asp/2014/8/contents

38 http://www.gov.scot/Topics/Health/Support-Social-Care/Support/Self-Directed-Support

39 http://www.gov.scot/Resource/0044/00446933.pdf

40 SSI 2018/33 http://www.legislation.gov.uk/ssi/2018/33/contents/made

41 http://www.gov.scot/Topics/Health/Support-Social-Care/Unpaid-Carers/Implementation/Guidance

42 SSI 2017/190 http://www.legislation.gov.uk/ssi/2017/190/contents/made

43 SSI 2017/449 http://www.legislation.gov.uk/ssi/2017/449/contents/made

44 The power and duty to support carers at section 24 replace the power to support adult carers under section 3 of the Social Care (Self-directed Support) (Scotland) Act 2013, which is repealed.

45 This is set out in section 7 of the Social Care (Self-directed Support) (Scotland) Act 2013 (“the SDS Act”). The consequential amendments to section 7 of the SDS Act made by paragraph 5 of the schedule to the Carers Act have the effect that any support provided under section 24 of the Carers Act must be provided through the option for self-directed support as chosen by the carer.

46 As defined in section 7(7) of the SDS Act as inserted by the schedule to the Carers Act.

47 Part 2 of the guidance on adult carer support plans and young carer statements includes guidance on personal outcomes and needs for support. The ACSP and YCS seek to support carers in relation to the substantive care that they provide to the cared-for person. They also seek to put in place measures that will help a carer to live their own life and to achieve their own goals and aspirations without compromising their responsibilities as a carer. These day-to-day goals and longer-term aspirations are to be documented within the ACSP and YCS as the carer’s ‘personal outcomes’ (see glossary).

48 The four options for self-directed support are: Option 1 – the making of a direct payment by the local authority for the provision of support; Option 2 - the selection of support by the carer, the making of arrangements for the provision of it by the local authority on behalf of the carer and, where it is provided by someone other than the authority, the payment by the local authority of the relevant amount in respect of the cost of that provision (directing the available support); Option 3 - the selection of support for the carer by the local authority, the making of arrangements for the provision of it by the authority and, where it is provided by someone other than the authority, the payment by the authority of the relevant amount in respect of the cost of that provision (the local authority arranges support); and Option 4 - the selection by the carer of Option 1, 2 or 3 for each type of support and, where it is provided by someone other than the authority, the payment by the local authority of the relevant amount in respect of the cost of the support.

49 http://www.gov.scot/Publications/2014/04/5438/8#table9

50 See examples later in this chapter on approaches to delivering short breaks as a form of support.

51 http://www.legislation.gov.uk/asp/2014/8/contents

52 http://www.legislation.gov.uk/ukpga/2014/23/contents

53 http://gov.wales/docs/dhss/publications/151218part3en.pdf

54 http://gov.wales/docs/phhs/publications/160106pt4en.pdf

55 http://www.legislation.gov.uk/anaw/2014/4/pdfs/anaw_20140004_en.pdf

56 http://www.legislation.gov.uk/nia/2002/6/contents

57 http://shortbreakstories.org.uk/

58 http://lx.iriss.org.uk/sharedcarescotland

59 https://www.sharedcarescotland.org.uk/respitality/

60 http://www.gov.scot/Publications/2008/03/20114619/0

61 http://www.legislation.gov.uk/asp/2000/4/contents

62 http://www.legislation.gov.uk/asp/2003/13/contents

63 http://www.mwcscot.org.uk/media/73341/a_guide_to_named_persons.pdf

64 http://www.gov.scot/Resource/0045/00450942.pdf

65 Charging legislation refers to both ‘services’ and ‘support’. This chapter uses ‘support’ to encompass both.

66 SSI 2014/65 http://www.legislation.gov.uk/ssi/2014/65/contents/made as amended by The Carers (Waiving of Charges for Support) (Scotland) Amendment Regulations 2018 ( SSI 2018/31) http://www.legislation.gov.uk/ssi/2018/31/contents/made

67 Under Section 87 of the Social Work (Scotland) Act 1968.

68 See COSLA ‘Charges Applying to Non-residential Social Care Services’ 2017/18 sections 6.17-6.19 for further information.

69 However, if a carer wishes to supplement and pay for carer support above the agreed level they receive through self-directed support, then this is a matter entirely for the individual carer.

70 Section 26 of the Act updates section 87 of the Social Work (Scotland) Act 1968 ( http://www.legislation.gov.uk/ukpga/1968/49/section/87). The Carers (Waiving of Charges for Support) (Scotland) Amendment Regulations 2018 ( SSI 2018/31 http://www.legislation.gov.uk/ssi/2018/31/contents/made) update the 2014 Regulations. The Self-directed Support (Direct Payments) (Scotland) Amendment Regulations 2018 ( SSI 2018/29 http://www.legislation.gov.uk/ssi/2018/29/contents/made) update the Self-directed Support (Direct Payments) (Scotland) Regulations 2014.

71 Carer support under the Act - The Act makes provision for planning carer support at a strategic level; for providing information and advice about that support and for putting in place personalised support to individual carers. Part 5 of the Act requires the preparation of local carer strategies, setting out plans to support carers. Part 5 of this guidance contains more information on preparing these strategies. Part 6 of the Act and Part 6 of this guidance deal with the duty on local authorities to provide information and advice services, including, among other things advice on carers’ rights, advocacy, income maximisation, education and training, counselling, bereavement support and emergency planning. Parts 2 of the Act and of this guidance deal with the identification of personal outcomes and needs in an ACSP or YCS for individual carers. Part 3 of the Act and Chapter 2 of this Part of the guidance deal with the duty and power to provide support to individual carers and the SDS options in relation to support.

72 See Part 2, Chapter 2 on young carer statements, in particular, guidance on section 15(1)(c) and explanation of ‘responsible authority’.

73 http://www.gov.scot/Publications/2010/07/23153304/0

74 https://www.sharedcarescotland.org.uk/resources/tools/consultation-toolkit/

75 http://www.gov.scot/Publications/2014/04/5438/4

76 http://www.gov.scot/Publications/2014/04/5438/0

77 http://www.legislation.gov.uk/ukpga/1968/49

78 http://www.gov.scot/Publications/2004/10/20066/44708

79 http://www.gov.scot/Resource/0052/00523204.pdf

80 http://www.legislation.gov.uk/ukpga/1978/29/section/108

81 http://www.legislation.gov.uk/ukpga/1978/29/section/102

82 http://www.sehd.scot.nhs.uk/publications/CC2003_09.pdf

83 https://www.legislation.gov.uk/asp/2003/13/contents

84 Dellasega C & Nolan M (1997) Admission to care: facilitating role transition amongst family carers, Journal of Clinical Nursing 6, 443–451; Shepperd S, Parkes J, McClaran J & Phillips C (2004) Discharge planning from hospital to home, Cochrane Database of Systematic Reviews 1, 1–38; Goodwin V & Happell B (2006) Conflicting agendas between consumers and carers: the perspectives of carers and nurses, International Journal of Mental Health Nursing 15, 135–143.

85 The Princess Royal Trust for Carers, Out of Hospital’ Project – Learning from the Pilot Projects

Final Report, May 2010

86 https://www.nice.org.uk/guidance/qs136/chapter/Quality-statement-5-Involving-carers-in-discharge-planning

87 http://www.knowledge.scot.nhs.uk/home/portals-and-topics/equal-partners-in-care/about-equal-partners-in-care.aspx

88 Carers Trust Scotland, The Triangle of Care: Carers Included: A Guide to Best Practice in Mental Health Care in Scotland, 2013: http://www.mwcscot.org.uk/media/140311/triangle_of_care_-_final.pdf.

89 http://ihub.scot/anticipatory-care-planning-toolkit/

90 Carers UK, Missing Out: The Identification Challenge November 2016 provides an overview of some of the reasons for and challenges of carer identification.

91 http://arcuk.org.uk/scotland/files/2011/08/JIT-Good-conversations.pdf

92 As defined in section 1(6) of the Adults with Incapacity (Scotland) Act 2000 http://www.legislation.gov.uk/asp/2000/4/section/1

93 http://www.gov.scot/Resource/0045/00454245.pdf; For a learning resource that captures wider issues around patient incapacity, please see the learning resource “Think Capacity, Think Consent”, http://www.nes.scot.nhs.uk/media/1557644/capacity_and_consent-interactive.pdf

94 See ICO statement to local authorities health boards and Police Scotland on Information Sharing - 15 September 2016: http://www.gov.scot/Resource/0050/00507298.pdf

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

96 http://www.gmc-uk.org/guidance/ethical_guidance/30605.asp

97 http://www.wdhscp.org.uk/media/1256/revised-code-of-confidentiality-final.pdf

98 SSI 2017/449 http://www.legislation.gov.uk/ssi/2017/449/contents/made

99 SSI 2017/381 http://www.legislation.gov.uk/ssi/2017/381/contents/made

100 http://www.gov.scot/Topics/Statistics/Browse/Health/scottish-health-survey

101 http://www.scotlandscensus.gov.uk/

102 Professor John Bolton, Predicting and Managing Demand in Social Care, Discussion Paper, Institute of Public Care, Oxford Brookes University, 2016 - https://ipc.brookes.ac.uk/docs/John_Bolton_Predicting_and_managing_demand_in_social_care-IPC_discussion_paper_April_2016.pdf

103 http://www.gov.scot/Publications/2015/03/1081

104 https://www.ndti.org.uk/our-work/our-projects/community-led-support

105 https://www.enable.org.uk/get-support-information/families-carers/future-planning/

106 Social Work in Scotland, December 2016 ( www.audit-scotland.gov.uk/report/social-work-in-scotland); Changing Models of Health and Social Care, March 2016 ( www.audit-scotland.gov.uk/report/changing-models-of-health-and-social-care); Health and Social Care Integration, December 2015 ( www.audit-scotland.gov.uk/report/health-and-social-care-integration)

107 Indirect support is services put in place for the cared-for person which are of benefit to the carer and include technology enabled care, day care, support for disabled children, medicine management and social care services.

108 SSI 2014/326 http://www.legislation.gov.uk/ssi/2014/326/contents/made

109 http://www.gov.scot/Publications/2016/12/8683

110 http://www.legislation.gov.uk/asp/2014/8/section/96/enacted

111 SSI 2014/343 http://www.legislation.gov.uk/ssi/2014/343/contents/made

112 http://www.gov.scot/Topics/Statistics/Browse/Health/GPPatientExperienceSurvey/HACE2015-16

113 Health and Social Care Standards: My support, my life. (2017). Produced by the Scottish Government. http://www.gov.scot/Publications/2017/06/1327

114 SSI 2017/190 http://www.legislation.gov.uk/ssi/2017/190/contents/made

115 SSI 2017/449 http://www.legislation.gov.uk/ssi/2017/449/contents/made

116 Creating a stronger information, advice and advocacy system for older people. (2009) John Rowntree Foundation. https://www.jrf.org.uk/report/creating-stronger-information-advice-and-advocacy-system-older-people

117 Rest Assured? A Study of Unpaid Carers Experiences of Short Breaks. (2012). Produced by the Institute for Research and Innovation in Social Services (Iriss), in partnership Shared Care Scotland, the Coalition of Carers in Scotland & MECOPP https://www.iriss.org.uk/sites/default/files/2016-03/iriss-rest-assured-full-report-2012-07.pdf

118 Carers, Employment and Services in Scotland: focus on East Ayrshire, Falkirk and Highland (2007) Yeandle, S. Bennett, C., Buckner, L., Fry, G. and Price, C., Leeds: Carers UK and University of Leeds http://circle.leeds.ac.uk/publications/carers-employment-and-services-reports/

119 Scotland’s Carers: An Official Statistics Publication for Scotland. (2015) Scottish Government. http://www.gov.scot/Resource/0047/00473691.pdf

120 http://www.carerpositive.org/

121 https://carers.org/benefits-calculator

122 0808 800 9060 between 9am - 8pm Monday to Friday and 10am - 2pm on Saturday

123 https://www.citizensadvice.org.uk/scotland/benefits/

124 http://www.legislation.gov.uk/asp/2003/13/pdfs/asp_20030013_en.pdf

125 Information, advice and advocacy for older people: Defining and developing services. John Rowntree Foundation https://www.jrf.org.uk/report/information-advice-and-advocacy-older-people-defining-and-developing-services

126 http://www.gov.scot/Publications/2016/03/5362

127 The Scottish Independent Advocacy Alliance: http://www.siaa.org.uk/ https://www.siaa.org.uk/find-advocate/

128 http://www.gov.scot/Publications/2014/04/5438/6

129 https://www.nhsinform.scot/healthy-living/mental-wellbeing/therapy-and-counselling/benefits-of-talking-therapy

130 http://www.carersuk.org/help-and-advice/practical-support/when-caring-ends/bereavement

131 When someone has died. (2016) NHS Scotland. http://www.nhs24.com/~/media/nhsinform/bereavementzone/whensomeonehasdied2016.ashx

132 What to do after a death in Scotland. (2017) One Scotland, Scottish Government. http://www.gov.scot/Resource/0051/00510301.pdf

133 https://www.gov.uk/funeral-payments

134 https://www.gov.uk/bereavement-support-payment

135 See MECOPP’s publication, ‘Carers (Scotland) Act 2016 and Equalities’ for further information on issues to consider for particular groups of carers with protected characteristics. http://www.mecopp.org.uk/files/documents/mecopp%20publications/mecopp_briefing_sheet_10pdf

136 SSI 2017/190 http://www.legislation.gov.uk/ssi/2017/190/contents/made

137 SSI 2017/449 http://www.legislation.gov.uk/ssi/2017/449/contents/made

138 http://www.carersuk.org/for-professionals/policy/policy-library/state-of-caring-report-2017

139 It always comes down to the money. (2013). Kirsten Stalker (University of Strathclyde) et al. for Scotland’s Commissioner for Children & Young People. http://lx.iriss.org.uk/sites/default/files/resources/it-always-comes-down-to-money.pdf

140 SSI 2018/32 http://www.legislation.gov.uk/ssi/2018/32/made

141 https://www.sharedcarescotland.org.uk/directory/?action=search

142 https://www.sharedcarescotland.org.uk/funding-your-break/funding-directory/

143 https://www.euansguide.com/

144 https://www.aliss.org/

145 http://shortbreakstories.org.uk/

146 http://www.autism.org.uk/directory.aspx

147 http://www.careinspectorate.com/index.php/care-services

148 https://www.oscr.org.uk/

149 http://www.gov.scot/Resource/0045/00455705.pdf Note: this guidance was written before the passing of the Carers (Scotland) Act 2016.

150 Midlothian Short Break Strategy 2010–2013: Enhancing support systems for carers. Midlothian Council http://www2.midlothian.gov.uk/Council/Meetings/Public/Cabinet/20100504/CM_CA_20100504_11_2.pdf

151 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/245580/Short_Breaks_for_Carers_of_Disabled_Children.pdf

152 Short Breaks Statement. Enfield Joint Service for Disabled Children, Enfield Council https://new.enfield.gov.uk/services/children-and-education/local-offer/short-breaks-and-activities/short-breaks/local-offer-information-short-breaks-statement.pdf

153 Short Breaks Statement for Parents and Carers of Disabled Children and Young People in Kent. Kent County Council https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwi2hf2GjuzZAhUBNhQKHaYACx0QFggnMAA&url=https%3A%2F%2Fconsultations.kent.gov.uk%2Fgf2.ti%2Ff%2F347266%2F14532677.1%2FPDF%2F-%2FFinal_ShortBreaksstatementfordisabledchildren_2013.pdf&usg=AOvVaw1_4sPMHQ_fzaKvb1a5dlex

154 http://includeusall.org.uk/

155 http://www.gov.scot/Topics/Health/Policy/Health-Social-Care-Integration/Statutory-Guidance-Advice/HSCFuncNote

156 Pg. 3 for minimum delegation requirements http://www.gov.scot/Topics/Health/Policy/Health-Social-Care-Integration/Statutory-Guidance-Advice/HSCFuncNote

157 SSI 2017/190 http://www.legislation.gov.uk/ssi/2017/190/contents/made

158 SSI 2017/449 http://www.legislation.gov.uk/ssi/2017/449/contents/made

159 SSI 2017/381 http://www.legislation.gov.uk/ssi/2017/381/contents/made

160 SSI 2018/34 http://www.legislation.gov.uk/ssi/2018/34/made

161 Scottish Executive Circular CCD 2/2003 http://www.sehd.scot.nhs.uk/publications/cc2003_02full.pdf

162 Carer Positive is the Scottish Government’s accreditation scheme which recognises employers who support carers in the workplace. It is operated by Carers Scotland on behalf of the Scottish Government.
http://www.carerpositive.org/

163 https://www.legislation.gov.uk/ukpga/1998/29/schedule/2

164 https://www.legislation.gov.uk/ukpga/1998/29/schedule/3

165 https://www.privacy-regulation.eu/en/6.htm

166 https://www.privacy-regulation.eu/en/9.htm


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