National Care Service Charter of Rights

The rights and expectations in this Charter

British Sign Language (BSL) translation

The Charter summarises:

• your rights
• what you should expect from the support you receive 

Your rights

Where the Charter says ‘you have rights to’, it means:

• there are laws in Scotland that protect these rights in certain situations
• or there are laws which impose duties on public authorities and others in these situations
• people that work in social care, social work and community health must respect these rights when the law says they apply
• you can ask a court to enforce these rights 

These rights apply to everyone, including unpaid carers, unless otherwise stated. 

For more information about the rights in the Charter, you can read the ‘Charter and the Law' document.

What you should expect 

The Charter also tells you about what you should expect from your care and support.

When the Charter says ‘you should expect’, it means:

• this is what you should expect to happen for you when you access care and support
• people that work in social care, social work and community health should meet these standards

These expectations are based on:

• agreed standards for health and social care, including the Health and Social Care Standards
• recommendations from international human rights standards 

Because these standards are not found in domestic law, you cannot ask a court to enforce them but you should still expect these standards to be met.

What to do if these rights and expectations are not met

You can make a complaint if any of the rights or expectations in the Charter are not met. Find out how to make a complaint.

International human rights 

The Scottish Government is committed to following international human rights standards. Although some human rights, including the ones referenced in this section, are not yet enforceable in Scottish courts, the government still has a responsibility to respect, protect and fulfil them.

The United Nations monitors Scotland’s progress in meeting these human rights as part of its review of the UK’s overall performance. 

Everyone can help promote human rights by raising awareness and campaigning to ensure that rights are recognised, respected and protected in both law and everyday life.

These are some of the key international human rights that relate to social care and health, and information about how they are understood in international law.

Right to the highest attainable standard of health

(Article 12 of the International Covenant on Economic, Social and Cultural Rights)

This right means that you should have access to support for your physical and mental health. This is relevant to all health and care services. It also means you should be able to access help with other aspects of your life which affect your health and wellbeing. 

Right to an adequate standard of living 

(Article 11 of the International Covenant on Economic, Social and Cultural Rights) 

This right means being able to access things which support you to live with dignity. This includes having enough food, clothing, and housing.

Right to living independently and being included in the community 

(Article 19 of the United Nations Convention on the Rights of Persons with Disabilities) 

This right means disabled people should have equal rights to other people to live independently and to participate in the community, with choices equal to others.

There are lots of other international human rights which are relevant to social care, social work and community health. There are also specific rights and protections for  women, disabled people and people from ethnic minority groups.

You can find more information in the Human Rights and the Charter document.

The Health and Social Care Standards 

There are lots of standards and guidance that say how social care, social work and community health services should be delivered. 

The Health and Social Care Standards set out what you should expect when using these services in Scotland. All services should use them to help provide high-quality care.

The Standards are based on five principles:

• dignity and respect
• compassion 
• being included 
• responsive care and support
• wellbeing 

The Standards are rights-based and provide examples of how your rights including those in this Charter can be met. However, not every statement will be relevant for all of the care and support you receive.

The Care Inspectorate and Health Improvement Scotland inspect care providers to check that they are delivering the Health and Social Care Standards. 

Children’s rights

Children can use this Charter as well as adults. If you are a child, you have some extra rights that are now part of the law in Scotland. Many of these rights are reflected in this Charter. 

You should be treated fairly, and you have rights that should be respected, protected and fulfilled. You should feel safe, respected and listened to. This Charter tells you what to do if these things aren’t happening.

The trusted adults in your life should be able to help you to understand your rights, and what you should expect from public services.

People working in social care, social work and community health should listen to you. Your best interests should be a primary consideration in all decisions and actions that affect you. If you do not think that has happened or you have any other concerns about your rights, you can let someone know.

Information about your rights as a child and what to do if you think these have not been respected is available on Young Scot ‘Activate Your Rights’.

If you are a child and you feel you are in danger or risk of harm you should tell a trusted adult. This could be your teacher, social worker, youth worker or any other adult that you know and trust. You could also tell the Police. 

Childline offers support and you can talk to them about anything, big or small. Contact them on 0800 1111 or by online chat at any time.

Times when rights can be restricted

Some rights may apply differently or may be restricted in certain situations. For example, to keep you safe or to protect other people’s rights. Also, some rights in this Charter may apply differently or may be restricted if you have a court order, licence or treatment order. 

If this happens there must be good reasons for this that are set out in law. Any restrictions should be explained to you, and they should be both necessary and proportionate. 

Contact your social worker, local council or medical professional to find out more information.