Interim National Care Service Advisory Board: Advice to Scottish Ministers and Council Leaders - Rights to Breaks for Carers

Risks/challenges associated with advice

The Advisory Board considers it important to provide a balanced assessment of the potential risks associated with accepting and taking forward this advice. While the recommendations are intended to support successful implementation of the statutory Right to Breaks and improve outcomes for unpaid carers, their delivery will require careful management within a highly constrained system context. The information below outlines the principal risks and challenges associated with implementation, alongside actions and mitigations that could help to manage these risks and support sustainable delivery.

Risk/challenge: Increased financial pressure on local authorities and health and social care partnerships.

Response/mitigation: The Board recognises the significant fiscal challenges facing local systems. However, it considers that these pressures are already present and will become more acute over time if carers are not adequately supported. Early identification of demand, multiyear funding aligned to upper cost estimates and time limited transitional arrangements would support more sustainable planning and avoid reactive crisis responses.

Risk/challenge: System‑wide workforce and capacity constraints: Increased pressure on an already stretched workforce, including social work, carer support and commissioned services, particularly during transition.

Response/mitigation The Board recognises that commissioning and workforce pressures represent a key delivery risk, particularly during transition. Early commissioning signals, indicative allocations and workforce planning activity, supported by proportionate training and guidance, will be critical to maintaining service continuity and minimising disruption.

Risk/challenge: Limitations in existing data and increased reporting burden: Local and national monitoring of outcomes for carers and cared‑for individuals is not currently captured consistently and it may be challenging to obtain meaningful and measurable data without unduly impacting or burdening carers.

Strengthened monitoring and reporting requirements could add to the operational burden for local authorities, health and social care partnerships and providers if not carefully designed.

Response/mitigation The Board advises that any monitoring and reporting arrangements should be proportionate, codesigned with delivery partners, and focused on a small number of meaningful indicators. Building on existing systems rather than creating parallel processes will be critical to minimising burden. The Social Care Data and Intelligence Programme Board (SCDIPB) includes all relevant partners and can be used to assess requirements to minimise the burden for organisations.

The Board recognises that baselining current provision and embedding robust and transparent reporting processes may take some time, but points to the critical need for transparency in this area.

Risk/challenge: Risk of raised expectations among carers: Increased awareness of the Right to Breaks may lead to heightened expectations that cannot be immediately met in all areas, particularly during early implementation.

Response/mitigation: Clear communication about eligibility, assessment processes, transition arrangements and phased delivery will be essential. Nationally consistent messaging, supported by local engagement, can help manage expectations while reinforcing the intent of the statutory right.

Risk/challenge: Complexity of aligning national expectations with local flexibility under the Verity House Agreement.

Response/mitigation: The Board stresses the importance of joint development of expectations by Scottish Ministers and COSLA. Clear framing of expectations as enabling consistency and transparency, rather than constraining local decision making, will be key to successful implementation.

Risk/challenge: Risk that an increased focus on statutory provision constrains investment in preventative or easy access breaks: Emphasis on delivering the statutory Right to Breaks could unintentionally reduce flexibility or deprioritise low level, preventative support.

Response/mitigation: The advice explicitly recognises the continued importance of easy access breaks as part of the wider support infrastructure. Maintaining flexibility in the use of resources alongside statutory provision will support preventative outcomes and long term system sustainability.