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

4. Timescales for preparing adult carer support plans and young carer statements

This section asks for views on new mandatory timescales for preparing adult carer support plans (ACSP) and young carer statements (YCS).

4.1 Background

As explained in the introduction, all unpaid carers have the right to an ACSP or YCS to look at their caring situation and decide what support they might need.

At the moment, there are timescales set in law to make sure that this is done quickly for people caring for someone with a terminal illness. For these carers:

• Once the authority is aware of a carer in this situation, an ACSP/YCS must be offered within 2 working days
• There must be a substantive conversation focusing on their urgent personal outcomes and support needs – within 5 working days of them requesting an ACSP/YCS
• They must be given a light touch plan based on that conversation - within 10 working days of them requesting an ACSP/YCS
• That plan must include a review date for completion of full ACSP/YCS at a date that the authority and carer agree

For all other carers, there are no timescales currently set in law, but the guidance says that ACSPs and YCSs should be prepared within “reasonable timescales”.

The 2025 Act says that Ministers must now set timescales for preparation of ACSPs and YCSs for all carers.

While local authorities (and Health and Social Care Partnerships) often commission local carer organisations to prepare ACSPs and YCSs, the legal responsibility to do so, and achieve the new timescales, remains with them.

4.2 Why this is important

Because an ACSP or YCS has to be in place to decide on what support the carer needs, including under the new right to breaks, long delays can have a negative impact for the carer. Setting timescales in law will make practice more consistent across Scotland.

We want to do this in a way that benefits carers while not adding undue pressure on local authorities and the organisations they commission to prepare ACSPs and YCSs.

4.3 Proposed approach

We are looking for views on the following proposals:

a. to maintain the existing accelerated timescales for carers of terminally ill people noted above (We are giving consideration to creating an updated definition of terminal illness in line with the definition that appears in the 2025 Act^[1])

b. not to prescribe any additional priority carer groups who would receive accelerated ACSP/YCS timescales (i.e. time limit), because local practitioners will be best placed to decide how to prioritise, based on an individual’s circumstances

c. to set a single timescale for preparation of a light-touch plan for all other carers, covering at least:

• the carer’s personal circumstances
• the extent to which they are able and willing to provide care
• their personal outcomes
• their identified needs
• support to be provided
• timescales for reviewing the ACSP/YCS and for any outstanding issues to be addressed

We would also propose new guidance to ensure preparation is not left to the last minute and to assist with prioritisation depending on need.

4.4 Questions

9. Do you agree that the law should specify accelerated timescales only for carers of terminally ill people? This is because (a) these carers can often need urgent support and (b) because local practitioners will be best placed to decide when other people need urgent support, based on their individual situation.

10. In setting a timescale (i.e. time limit) for preparing an ACSP for other adult carers, would you support:

• 8 weeks
• 10 weeks
• another timescale (please state)

Please explain the reasons for your answer. You may wish to reflect on points which are relevant to you, such as what may be achievable for local authorities or carer organisations who develop ACSPs on their behalf, or what seems reasonable for adult carers.

11. Should the timescales (i.e. time limit) for preparing a YCS for other young carers be the same timescales as for ACSPs?

• Yes
• No

12. Would you support:

• 8 weeks
• 10 weeks
• another timescale (please state)

Please explain the reasons for your answer. You may wish to reflect on points which are relevant to you, such as what may be achievable for local authorities or carer organisations who develop YCSs on their behalf, or what seems reasonable for young carers. We would also welcome views on whether timescales should take account of key staff availability during school holidays.