Unpaid carers - right to breaks and timescales for support plans: consultation

2. Definition of “sufficient breaks”

This section seeks feedback on how to define the key term, “sufficient breaks”.

2.1 Background

As explained in the introduction, all unpaid carers have the right to an ACSP or YCS, which must contain information about whether support should be provided in the form of a break from caring. However, there are currently no standard criteria for local authorities to use to decide whether a carer needs a break from caring.

The 2025 Act will ensure that being able to take sufficient breaks from providing care is an “identified personal outcome” for every carer within their ACSP or YCS.

This will mean that if a carer is unable to take sufficient breaks their need for support will be recognised as an “identified need”. Their local authority or other responsible authority must then give them support to meet that need. Many carers will already be able to access “sufficient breaks” without local authority support, e.g. due to a lighter caring role or someone else helping.

The definition of “sufficient breaks” will be used to decide whether a carer is getting enough breaks and the level of short break support they should receive. This means all local authorities will use the same definition to make these decisions.

The legislation states that Ministers may choose to provide a definition of “sufficient breaks” and, if they do, it must “take account of a carer’s need to have time for rest and leisure”.

2.2 Why this is important

The definition of “sufficient breaks” is what local authorities will use to decide about the needs of each carer they speak to. This will help them to identify how the caring role impacts them and if they are getting enough time for themselves. If a carer is not getting enough breaks, resulting in negative impacts on their own life, a local authority or health and social care partnership must offer them support to address this.

Creating this new definition will ensure that all local authorities approach these decisions in the same manner and improve consistency across Scotland.

2.3 Proposed approach

We are proposing the following definition of “sufficient breaks”:

“Sufficient breaks” means “breaks from caring which enable a carer to have enough rest, leisure and time to:

a. avoid negative impacts from their caring role on their health and wellbeing; relationships with others; and life balance; and

b. help them to achieve their personal outcomes in these same areas”.

2.4 Questions

1. Is this definition clear enough to make decisions about a carer’s eligibility for a break from caring?

• Yes
• No
• Not sure

If you answered “no”, how could it be made clearer?

2. Does this definition cover the appropriate aspects of the caring role to help make this decision?

• Yes
• No

If you answered “no”, what aspects of the caring role should the definition cover?