Unpaid carers - right to breaks and timescales for support plans: consultation
The right to breaks provisions in the Care Reform (Scotland) Act 2025 will make changes to the Carers (Scotland) Act 2016 to deliver a right to personalised short breaks support for carers who can’t currently access “sufficient breaks” from caring. We now seek views on options for implementation.
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68 days to respond
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3. Types of breaks
This section asks for views on more clearly defining the types of support or activities which could provide a break from caring.
3.1 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.
At the moment, the law does not provide a list of the types of support that would be considered as a break for a carer. Guidance states that a break can be any form of support that enables a carer to have time away from their normal caring responsibilities. Guidance also includes some examples of suitable break support.
The 2025 Act will allow Ministers to provide more certainty on what should be seen as a break, to help ensure that a wide variety of breaks should be open to carers. Importantly, it will ensure that short breaks can be taken with or without the cared-for person, depending on the carer’s needs and preferences. It will also confirm that breaks do not need to be a complete break from providing care if that is the carer’s preference. They could involve a break from the normal caring routine:
- through limiting the intensity of caring or the time spent caring;
- or through changing the circumstances or location in which the care is provided.
3.2 Why this is important
Carers and carer organisations have told us that variations in local practice mean that in some areas it can be challenging to access some types of breaks that are easy to access in other areas. Therefore we are seeking to clarify some of these types of breaks which local areas may not typically consider as a break. We aim to set out examples of types of breaks which should be permitted once the right to breaks is introduced to improve consistency between areas. The following lists are not intended to be exhaustive, but to emphasise creativity and flexibility, to make sure that the types of breaks offered locally can meet carers’ diverse needs and priorities.
3.3 Proposed approach
We are looking for views on the draft lists we have created which identify some of the types of break options we want to clarify are acceptable. The first list covers breaks which may often be challenging for carers to access and the second list covers breaks which may sometimes be difficult depending on the availability of appropriate facilities.
a. List One (carers are currently more likely to have difficulty accessing this type of break)
- Group based breaks / carer peer support activities (e.g. carers’ craft group, choir, exercise classes)
- Targeted breaks for young carers - including breaks with other young carers (e.g. young carer vouchers for cinema, zoo etc, as well as young carer group activities such as residentials, days out, movie nights)
- Funding support for young carers to join activity-group based breaks (e.g. Scouts, Guides)
- One-off family breaks at or immediately following transition periods/periods of significant change (e.g. during / after periods of significant illness, transition from children to adult services)
- Culturally appropriate / culturally diverse breaks - including measures to address potential language barriers (e.g. linking with ethnic minority community groups to deliver targeted breaks for ethnic minority carers, ensuring diversity of short breaks under regulations, translating information about right to breaks)
- Replacement care within the home, allowing the carer and cared-for person to enjoy activities without the need for the carer to provide care
- Giving carers more time for themselves by providing support with regular tasks (e.g. housework, gardening etc.)
b. List Two (carers are currently less likely to have difficulty accessing this type of break where suitable facilities are available)
- Building-based day care for the cared-for person - allowing the carer to have a break whilst the cared-for person is away from home (e.g. day services for older adults or people with learning disabilities or dementia)
- Overnight short break stays for the cared-for person
- Overnight short break stays for the carer, with replacement care for the cared-for person
- Longer-term holiday breaks (e.g. hotel stay, holiday park, caravan etc) for the carer (with or without the cared-for person and/or wider family) with or without replacement care
- Day trips and activities for the carer with or without the cared-for person (spa day, zoo, sporting event etc)
- Subscription-based or item-based grants to enable the carer to try new activities/undertake hobbies etc
We are also considering specifying a list of circumstances that should not be viewed as short break support for a carer, such as:
- the carer going to work
- the carer attending medical appointments
- the cared for person attending education.
3.4 Questions
3. Do you agree that it would be helpful to specify some of the types of support or activities which provide a break from caring?
- Yes
- No
If not, why not?
4. List One: (Carers are more likely to have difficulty accessing this type of break)
a. Are there any types of breaks you think are missing from this list?
b. Are there any types of breaks listed which you think should not be included?
5. List Two: (Carers are less likely to have difficulty accessing this type of break)
a. Are there any types of breaks you think are missing from this list?
b. Are there any types of breaks listed which you think should not be included?
6. Do you have any concerns that providing a detailed list would have any unintended consequences?
- Yes
- No
7. Would it be valuable to specify a list of circumstances (as above) that should not be viewed as a break from caring?
- Yes
- No
8. List of circumstances (as above) that should not be viewed as a break from caring:
a. Are there any circumstances you think are missing from this list?
b. Are there any circumstances listed which you think should not be included?
Contact
Email: Carerspolicy@gov.scot