Social Care (Self-directed Support) (Scotland) Act 2013: Draft Regulations and Statutory Guidance – Analysis of Consultation Responses

Report of the analysis of the written responses to the Scottish Government consultation on the Social Care (Self-directed Support) (Scotland) Act 2013 draft regulations and Statutory Guidance.


12.1 Section 9.3: Carers looks at the assessment of the needs of carers. Support for carers, the choices that must be available to them and the provision of information and additional advice and support to carers is also examined.

12.2 The guidance presents the choices available to carers under the 2013 Act alongside examples of each choice; a case study is used for illustration.

12.3 Guidance on support to carers out-with the formal carer's assessment looks at the need for preventative support for carers.

Question 10a: Was this section of the guidance clear and easy to understand?

12.4 Most of those who replied (68) said yes, this section of the guidance was clear and easy to understand. Six said no and 70 did not give an answer.

Question 10b: How useful did you find this section of the guidance?

12.5 Most of those who replied said that the guidance was quite useful (58). Fourteen said it was very useful, three said it was not very useful. Sixty-nine respondents did not address this question.

Table 12.2 Usefulness of Section 9.3 of the guidance

Respondent group Very useful Quite useful Not very useful Not at all useful No response
Individuals (21) 2 3 - - 16
Local authority (24) 2 17 2 - 3
Community Health Partnership (4) - 2 1 - 1
Health Board (2) - 1 - - 1
Voluntary sector organisation (57) 4 26 - - 27
Private Sector organisation (2) 1 - - - 1
Professional or regulatory body (8) 3 1 - - 4
Support & information/Advocacy (16) - 6 - - 10
Other (10) 2 2 - - 6
Total (144) 14 58 3 0 69

Question 10c: Do you have any further comments on this section of the guidance?

12.6 Seventy-two respondents commented on this question.

12.7 A number of respondents provided general comments on this question and two key themes emerged.

12.8 First, a number of respondents noted their support for the power to provide support to carers to assist in their caring role; for example, that this could provide a more flexible way to support carers if provided within the context of meeting positive outcomes for individuals.

12.9 Second however, there were a number of concerns over the costs of implementation and / or the lack of resources in place to support the elements outlined here; and this point was raised at a general level as well as in relation to specific paragraphs in this section of the guidance. A small number of respondents also noted that there may be inconsistent provision across different local authority areas.

12.10 A number of respondents also made reference for the guidance to take account of the needs of carers; many of whom referred to advocacy for carers as noted in the document Caring Together: The Carers Strategy for Scotland 2010-2015. Alongside this, there were a small number of requests for the guidance to be strengthened to ensure the views of carers are included early in the assessment and planning alongside consideration of the outcomes for the supported person.

12.11 There were also a few calls for reference to carers throughout the guidance, rather than simply in this section.

12.12 There were references to other legislation and information that also needs to be taken into account and these included:

  • Draft Carers (Waiving of Charges for Support) Regulations;
  • Community Care and Health (Scotland) Act Carers Guidance;
  • The Draft Directions (The Carer's Assessment) (Scotland);
  • Scottish Government Learning Strategy Keys to Life (2013);
  • The Guide to Carers issued by the Mental Welfare Commission;
  • Adult and Children and Family Services;
  • Children and Families Bill.

12.13 There were also a small number of requests for the guidance to encompass instances where the carer and support person may have different views about the support provided to give the carer a break and there may be a conflict between providing support to the carer and enabling the supported person to exercise choice and control.


Email: Aileen McIntosh

Back to top