National Care Service: Charter and the Law
This is a supporting document for the National Care Service Charter of Rights. It sets out the legal bases for the rights that are included in the Charter, which are relevant to social care, social work and community health.
2. Quick reference guide
This section lists the charter rights or duty statements and provides links to their legal bases.
Equality, dignity and respect section
‘You have rights to be treated without discrimination and in a way that supports you to have equal opportunities to other people’
- Equality Act 2010
- Human Rights Act 1998
- Mental Health (Care and Treatment) (Scotland) Act 2003
- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
‘You have rights to respect for your private and family life. This right protects your physical and moral integrity and your right to make decisions about your own life’
- Human Rights Act 1998
- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
‘Public authorities like local councils and health boards must make reasonable changes that help to remove barriers to support for disabled people’
‘You have rights to not be treated in an inhuman or degrading way and to be protected from harm, neglect and abuse. You have rights to be safe in your home and your community, including if you live in a care home or other facility.’
- Human Rights Act 1998
- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
‘People who provide social care, social work and community health support have a right to be protected from harm.’
Your home, support network, unpaid carers and independent advocacy
‘You have rights to involve your support network in your support’
- Social Work (Scotland) Act 1968
- Children (Scotland) Act 1995
- Carers (Scotland) Act 2016
- Mental Health (Care and Treatment) (Scotland) Act 2003
‘You have rights to get support in a way that respects your private and family life, home and correspondence”
“If you receive support in your own home or in a residential setting such as a care home your right to a private and family life will be respected. The rights of other people that live with you or visit you will also be respected.’
- Human Rights Act 1998
- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
‘If you live in a care home, you can also choose at least one person who can act as your Essential Care Supporter, if that is your wish.’
‘Unpaid carers, including young carers have a right to:
- a personalised support plan - this can be an adult carer support plan or a young carer statement
- carer support, which may include support to enable breaks from caring
- be involved in decisions about support provided to them and the person they care for access to a local carer information and advice service’
- Carers (Scotland) Act 2016
- Carers (Scotland) Act 2016: statutory guidance
- Social Work (Scotland) Act 1968
‘People with mental illness, learning disability, autism or dementia have a right of access to independent advocacy’
‘Disabled people have a right of access to independent advocacy to help them through the Scottish social security system where this is needed’
‘Children and young people have rights to an advocate in certain situations, for example, if they’re going to a Children’s Hearing.’
- Children’s Hearings (Scotland) Act 2011
- Education (Additional Support for Learning) (Scotland) Act 2004
- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
Involvement, participation and choice
‘You have rights to information about the support that is available to help you make decisions.’
- Patient Rights (Scotland) Act 2011
- Social Work (Scotland) Act 1968
- Social Care (Self-directed Support) (Scotland) Act 2013
- Carers (Scotland) Act 2016
- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
‘You have rights to be listened to and have your views respected and responded to.’
- Patient Rights (Scotland) Act 2011
- Social Work (Scotland) Act 1968
- Children (Scotland) Act 1995
- Children and Young People (Scotland) Act 2014
- Adoption and Children (Scotland) Act 2007
- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
‘Local councils have a duty to assess your care and support needs and decide if they need to arrange any services for you.’
‘You have rights to be as involved as possible in planning and decisions about your support and how it is delivered.’
- Social Care (Self-directed Support) (Scotland) Act 2013
- Patient Rights (Scotland) Act 2011
- Children Act 1975
- Children (Scotland) Act 1995
‘The local council must provide you with information about your options and how to manage your support.’
- Social Care (Self-directed Support (Scotland) Act 2013
- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
‘You have rights in relation to the personal information held about you.’
Upholding your rights - feedback and complaints
‘You have rights to express your views about your care and support. You should expect that your views will be listened to and respected.’
- Patient Rights (Scotland) Act 2011
- Social Work (Scotland) Act 1968
- United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
- Human Rights Act 1998
‘All care services must have a complaints procedure in place and must provide details of this when requested. They have a duty to ensure any complaint raised under their complaints procedure is fully investigated. All public sector services must follow the Scottish Public Services Ombudsman rules for handling complaints.’
Contact
Email: nationalcareservice@gov.scot