Social Care (Self-directed Support) (Scotland) Act 2013: statutory guidance - updated 2025

Footnotes

1 See the section on Public Bodies (Joint Working) (Scotland) Act 2014 for links to more information about the models and organisations involved in health and social care integration and information about the legislative basis of conferring duties on local authorities.

2 Applies to all children assessed as needing a social care service and is not exclusive to disabled children.

3 See the full 2013 Act available online: Social Care (Self-directed Support) (Scotland) Act 2013. 

4 See the original 2014 Statutory Guidance: [ARCHIVED CONTENT] Social Care (Self-directed Support) (Scotland) Act 2013: statutory guidance - gov.scot.

5 See the full text of the 2014 Regulations available online: The Self-directed Support (Direct Payments) (Scotland) Regulations 2014.

6 See the SDS Practitioners Guidance: Eligibility - Self-directed Support: Practitioners Guidance - gov.scot.

7 Read the full IRASC report available online Adult social care: independent review - gov.scot.

8 Read the full Care Inspectorate Report available online: Thematic review of self directed support in Scotland.pdf.

9 Read the full Audit Scotland report available online: Self-directed support. 2017 progress report.

10 To support the consistent implementation of SDS, the Scottish Government, jointly with Social Work Scotland and COSLA published a revision of the SDS Framework of Standards in 2024: The Self-directed Support Framework of Standards - Social care - self-directed support: framework of standards - May 2024 - gov.scot.

11 Read the SDS pandemic guidance available online: [ARCHIVED CONTENT] Coronavirus (COVID-19) self-directed support: guidance - 11 March 2022 - gov.scot.

12 Read the Self-directed Support - Values and Principles Statement: Supporting documents - Self-directed Support - Values and Principles Statement - gov.scot.

13 As explained by the Independent Review of Adult Social Care, 2021

14 See: Article 19 – Living independently and being included in the community | United Nations Enable for more information.

15 See the Carers Act 2016 statutory guidance, Part 4, Chapter 1 on Carer Involvement in Services: Part 4: Carer involvement - Carers (Scotland) Act 2016: statutory guidance - updated July 2021 - gov.scot.

16 See Section 2 of the: Social Care (Self-directed Support) (Scotland) Act 2013: Statutory Guidance.

17 More information on human rights in Scotland is at Human Rights Based Approach | Scottish Human Rights Commission.

18 See Section 4 of this guidance on roles and responsibilities and Section 6 on eligibility criteria: Social Care (Self-directed Support) (Scotland) Act 2013: Statutory Guidance.

19 See the SDS Implementation Plan 2010-2021

20 Read the Audit Scotland Self-directed Support 2017 progress report: Self-directed support. 2017 progress report.

21 My Support My Choice reports are available online: My Support, My Choice research - Self Directed Support Scotland.

22 The Promise report on children’s social care emphasises the importance of positive relationships, nurturing and supporting families to stay together, and reducing barriers, can be read online: Reports - The Promise.

23 For more about the NCS, visit: National Care Service - Social care - gov.scot.

24 This includes community brokerage, independent support and advocacy.

25 See the 2024 SDS Framework of Standards: The Self-directed Support Framework of Standards - Social care - self-directed support: framework of standards - May 2024 - gov.scot.

26 See Section 4 of this guidance for information about Getting it right for every child and also the guidance on the Children and Young People (Scotland) Act 2014 Part 12: Services in Relation to children risk of Becoming Looked After: Supporting documents - Children and Young People (Scotland) Act 2014: National Guidance on Part 12: Services in relation to Children at Risk of Becoming Looked After, etc - gov.scot.

27 See the Children and Young People 2014 Act: Children and Young People (Scotland) Act 2014, which made some amendments to the Children (Scotland) Act 1995 Children (Scotland) Act 1995.

28 This may include mitigation of societal barriers placed that disabled children and their families may face with respect to their access to services, and to give those children the opportunities to live lives which are as normal as possible.

29 See the Carers Charter: Carers’ charter - gov.scot. 

30 For more information, see the section on the Carers 2016 Act.

31 See the full text of the 2014 Regulations available online The Self-directed Support (Direct Payments) (Scotland) Regulations 2014.

32 The following website has been created to help provide support to those affected: Help during the cost-of-living crisis. 

33 Read the full ECHR judgement for more information: European Court of Human Rights Case of McDonald v. UK.

34 See relevant section in Social Care (Self-directed Support) (Scotland) Act 2013 relating to incapacity, as well as the Social Care (Self-directed Support) (Scotland) Act 2013: Statutory Guidance and the SDS Practitioner Toolkit for helpful practice resources.

35 See Section 8: Employment of the Social Care (Self-directed Support) (Scotland) Act 2013: Statutory Guidance for further guidance on direct payments and employing family members.

36 See Self-directed Support Standard 13: Direct payments for employing Personal Assistants Core Component 13.3.

37 See Section 8: Employment of the Social Care (Self-directed Support) (Scotland) Act 2013: Statutory Guidance which includes information on the responsibility to check employment status and references the PA Handbook and PA Employer’s Handbook. Also see SDS Standard 13: Direct payments for employing Personal Assistants.

38 See Procurement threshold values guidance, which is revised by Scottish Ministers every two years, to ensure thresholds remain aligned to those set out in the World Trade Organisation’s Government Procurement Agreement (GPA). Further details can be found in Section 7: Budgeting, Charging, Commissioning and Procurement, Social Care (Self-directed Support) (Scotland) Act 2013: Statutory Guidance.

39 Organisations such as Care and Repair Scotland can provide independent advice and assistance to help elderly and disabled homeowners repair, improve or adapt their homes so that they can live in comfort and safety in their own community.

40 See more information in the: PA Employer’s Handbook and the Self-directed Support Standard 13: Direct payments for employing Personal Assistants | Care Inspectorate Hub.

41 See more information in the: Carers’ Charter.

42 See more information in the: SDS Framework of Standards: Standard 8 Worker Autonomy

43 See more information in the: Role of the registered social worker in statutory interventions: guidance for local authorities.

44 See more information on codes of practice: The Scottish Social Services Council Codes of Practice.

45 See more information on the role of the Chief Social Work Officer: The Role of Chief Social Work Officer Guidance (updated July 2016).

46 See more information on the finance functions within local authorities: Local Government in Scotland Act 2003.

47 See more information on the role of IJB’s: Integration Joint Board: roles, responsibilities and membership.

48 See more information on Councillor’s code of conduct in: Councillor’s Code of Conduct 2021.

49 See The Self-directed Support Framework of Standards - Social care - self-directed support: framework of standards - May 2024 - gov.scot for more information on roles and responsibilities.

50 For further information see: Section 22 of the Children (Scotland) Act 1995.

51 For further information on children’s services planning see: Part 3 of the Children and Young People (Scotland) Act 2014.

52 For further information see: Children’s services planning: guidance (updated 2020).

53 For more information on GIRFEC see: Getting it right for every child (GIRFEC).

54 The UNCRC (Incorporation) (Scotland) Act 2024 fully commenced in July 2024, which means that we have directly incorporated the UNCRC into our domestic law in Scotland (within the limits of our devolved competence): Statutory guidance on Part 2 of the UNCRC (Incorporation)(Scotland) Act 2024 

55 For more information on GIRFEC planning see: Getting it right for every child (GIRFEC): Child’s plan. 

56 For more information about the GIRFEC practice model see: Getting it right for every child (GIRFEC) Practice Guidance 1 - Using the National Practice Model.

57 For more information on child protection see: National Guidance for Child Protection in Scotland 2021 - updated 2023.

58 For more general information and resources on the Promise see: The Promise and on the Implementation plan see: Keeping the Promise Implementation Plan.

59 GIRFEC Wellbeing Indicators should be used in the transition planning process across services. For more information on transitions see: Supporting disabled children, young people and their families: guidance (transitions).

60 For more information on support planning see: Section 6 Social Care (Self-directed Support) (Scotland) Act 2013: Statutory Guidance.

61 For more information about the principles of good transitions see: Scottish Transitions Forum: Principles of Good Transitions.

62 For more information on Carers’ rights and access to support see: Carers (Scotland) Act 2016: statutory guidance - updated July 2021.

63 Access the Carers Charter is available online: Carers’ Charter.

64 For information about Carers’ right Under the Mental Health (Care and Treatment) (Scotland) Act 2003 see: Mental Health (care and treatment) (Scotland) Act 2003: Code of Practice Volume 1.

65 For more information about how carers can make decisions on someone’s behalf see: Adults with Incapacity (Scotland) Act 2000.

66 For further information see: Regulation 8(1) of the Self-directed Support (Direct Payments) (Scotland) Regulations 2014.

67 For further information see: Mental Welfare Commission for Scotland: Supported decision making: Good practice guide.

68 See guidance that must be applied when making decisions about the needs of adults who lack capacity: Adults with Incapacity (Scotland) Act 2000: principles.

69 See guidance on supporting adults with incapacity: Managing self-directed support for adults with incapacity: guidance.

70 See legal framework for the protection of adults who are unable to safeguard their own interests: Adult Support and Protection (Scotland) Act 2007.

71 See guidance on child protection for those aged under 18: National Guidance for Child Protection in Scotland 2021 - updated 2023.

72 Local contact details for raising concerns can be found online: Find your local contact - Act Against Harm.

73 Additional ASP policy information is available online: Adult support and protection - Social care - gov.scot

74 See the Code of Practice, updated July 2022: Adult Support and Protection (Scotland) Act 2007: Code of Practice - gov.scot

75 See the Procurement Reform 2014 Act Statutory Guidance available online: Procurement Reform (Scotland) Act 2014: statutory guidance - gov.scot

76 See the Procurement Best Practice Guide available online: sws-self-directed-support-and-prcocurement-best-practice.pdf

77 Statutory Guidance on the Public Bodies 2014 Act is available online: Public Bodies (Joint Working) (Scotland) Act 2014: statutory guidance - gov.scot

78 See Part 4 of the: Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016

79 See Guidance on Provision of communication equipment and support available online: Provision of communication equipment and support: guidance - gov.scot. An easy read version of the guidance is also available available online: Provision of communication equipment and support: easy read guidance - gov.scot. For more information on Augmentative and alternative communication, see: Augmentative and alternative communication (AAC): national core pathway - gov.scot

80 See the text of the Equality Act at Equality Act 2010 and further guidance at Equality | EHRC.

81 Access the Social Care (Self-directed Support) Bill: Equality Impact Assessment is available online: Social Care (Self-directed Support) Bill: Equality Impact Assessment (March 2012).

82 The My Support My Choice report 2020 is available online: My Support My Choice: People’s Experiences of Self-directed Support and Social Care in Scotland- National Report, October 2020.

83 The IRISS ten-year review is available online: Insight 35: Gypsy Travellers: Human rights and social work’s role.

84 The Care Inspectorate’s thematic review is available online: Thematic review of self directed support in Scotland.pdf

85 The National Care Service impact assessments are available online National Care Service - gov.scot

86 Access the SDS toolkit online: Self-Directed Support Resources — MECOPP.

87 The National Islands Plan is available online: Health and Social Care and Wellbeing - The National Plan for Scotland’s Islands - gov.scot

88 Access the ‘Understanding the Social Care Support Needs of Scotland’s Prison Population’ PDF report online: Understanding the Social Care Support Needs of Scotland’s Prison Population.

89 The Protection of Vulnerable Groups (Scotland) Act 2007: Protection of Vulnerable Groups (Scotland) Act 2007.

90 The Disclosure (Scotland) Act 2020: Disclosure (Scotland) Act 2020.

91 Apply to the PVG Scheme: If you’re self-employed or work for an individual - mygov.scot 

92 Section 56 of the Disclosure (Scotland) Act 2020.

93 Find an umbrella body - mygov.scot

94 PVG Scheme fees: If you’re self-employed or work for an individual - mygov.scot

95 The PVG Scheme: Protecting Vulnerable Groups (PVG) scheme - mygov.scot

96 The National Eligibility Criteria and Waiting Times for the Personal and Nursing Care of Older People (Scottish Government/COSLA 2009), can be found online : National Standard Eligibility Criteria and waiting times for The Personal and Nursing Care of Older People - Guidance.

97 See Part 3, Chapter 1 of the Part 3: Provision of support to carers - Carers (Scotland) Act 2016: statutory guidance - updated July 2021 - gov.scot

98 People with No Recourse to Public Funds (NRPF) can access social services. It is a common misunderstanding that people with NRPF status are restricted from accessing all public funds and services, as UK Government’s NRPF policy restricts access only to some public funds under immigration rules.:. Further information about our approach to supporting people who are subject to NRPF to access support and services can be found in the Ending Destitution Together strategy, jointly published by Scottish Government and COSLA in March 2021 at Supporting documents - Ending destitution together: strategy - gov.scot. In addition, good practice for social workers or other practitioners relating to the rights of migrant adults and children can be found at this website Social services’ support – introduction | Migration Scotland.

99 Further guidance concerning policy and legislation on children, young people and families can be found at Section 5 of this Guidance: Social Care (Self-directed Support) (Scotland) Act 2013: Statutory Guidance.

100 More information about how the Scottish Government considers the FAIR and PANEL model can be found online: Embedding a human rights-based approach - National health and wellbeing outcomes framework - gov.scot. See also the relevant components in the SDS Framework of Standards, Standard 12: Access to budgets and flexibility of spend and SDS Standard 13: Direct payments for employing personal assistants.

101 See also a discussion of key issues in the SDS Practitioner Guidance section on support planning

102 Further information on Looked After Children is available online: Part XII Review of the Child’s Case, Regulations 44 to 47 - Guidance on Looked After Children (Scotland) Regulations 2009 and the Adoption and Children (Scotland) Act 2007 - gov.scot

103 The SDS Framework of Standards can be found online: Self-directed Support Framework of Standards, Including Standard Descriptor and Practice Statement and Core Components and Practice Guidance (updated May 2024).

104 See section 5 of this guidance on SDS and how it applies to children: Social Care (Self-directed Support) (Scotland) Act 2013: Statutory Guidance.

105 See section of this guidance on funding, budget and flexibility: Social Care (Self-directed Support) (Scotland) Act 2013: Statutory Guidance and the relevant components in the SDS Framework of Standards: Self-directed Support Framework of Standards, Including Standard Descriptor and Practice Statement and Core Components and Practice Guidance (updated May 2024).

106 Research in England: Payment Cards in Direct Payments must not undermine choice and control - In Control.

107 Research in Scotland: My Support My Choice: People’s Experiences of Self-directed Support and Social Care in Dumfries and Galloway, October 2021.

108 Information on free personal care: Free personal and nursing care: questions and answers - gov.scot

109 Statutory Guidance for Carers Act 2016: Part 3: Provision of support to carers - Carers (Scotland) Act 2016: statutory guidance - updated July 2021 - gov.scot

110 CRAG guidance is available online: CCD 1/2022 - Revised guidance on charging for residential accommodation.

111 COSLA charging guidance is available online: COSLA-Social-Care-Charging-Guidance-2022-23.pdf

112 Social Care Briefing January 2022: Social care briefing.

113 For more information about integration, please see the Statutory Guidance for the 2014 Act Public Bodies (Joint Working) (Scotland) Act 2014: statutory guidance - gov.scot

114 Strategic Commissioning Guidance is available online: Strategic commissioning plans: guidance - gov.scot

115 Children’s services planning: guidance for Part 3 of the 2014 Act is available online: Children’s services planning: guidance - gov.scot

116 Public Bodies Act guidance available online: Public Bodies (Joint Working) (Scotland) Act 2014: statutory guidance - gov.scot

117 Procurement best practice is available online: Procurement of care and support services: best practice guidance - updated June 2021 - gov.scot

118 SDSS Procurement report is available online: Self-directed-Support-and-Prcocurement-Best-Practice.pdf

119 The LITRG factsheet: LITRG-factsheet-PA-employed-self-employed.pdf

120 HMRC tool: Check employment status for tax - GOV.UK

121 For more information on rules applying to off-payroll workers providing their services via an intermediary, such as a personal service company, please visit the HMRC website: off-payroll workers providing their services via an intermediary - Search - GOV.UK

122 2014 SDS Regulations are available online: The Self-directed Support (Direct Payments) (Scotland) Regulations 2014.

123 Information about the principles of the AWI Act 2000 are available online: Adults with Incapacity (Scotland) Act 2000: principles - gov.scot

124 See also frequently asked questions regarding power of attorney and the Adults with Incapacity (Scotland) Act 2000, available online: Self- directed support and powers of attorney: FAQ - gov.scot

125 See Section 5 of this guidance for more about the 2000 Act. See also the AWI Code of Practice (Chapter 6) available online: Chapter 6 The local authority as intervener or guardian - Adults with incapacity: code of practice for local authorities - gov.scot

126 See section 8 of this guidance for more information on Direct Payments and Power of Attorney:

127 See Section 8 of the 2014 Regulations for a list of circumstances where family member may provide support The Self-directed Support (Direct Payments) (Scotland) Regulations 2014.

128 PA Employer’s Handbook: The PA Employer Handbook - The SDS HandbookThe SDS Handbook and SDS Standard 13: Direct Payments for Employing Personal Assistants

129 PA Handbook: The PA Handbook - The SDS HandbookThe SDS Handbook

130 PA Network: PA Network Scotland.

131 The uplift is applied to a set percentage (national weighting) of contract values, in line with the average full workforce costs. A separate agreed weighted percentage has been set for Personal Assistants who are paid directly through SDS Option 1 budgets.

132 Through usual communications channels; this Guidance will not be revised to take account of updates beyond 2022.

133 The contribution from a local authority for mileage may be affected by individual policies regarding receipt of mobility benefits.

134 The Low Incomes Tax Reform Group factsheet on PA employment status contains guidance on travel expenses: LITRG-factsheet-PA-employed-self-employed.pdf See also the PA Employer’s Handbook for further advice on mileage: Welcome - The SDS HandbookThe SDS Handbook There is also HMRC guidance on business mileage: Expenses and benefits: business travel mileage for employees’ own vehicles: Rules for tax - GOV.UK

135 Death in Service scheme: [ARCHIVED CONTENT] Coronavirus (COVID-19): social care worker death in service payment - gov.scot

136 SPSO website: Home | SPSO.

137 Since April 2017, the Care Inspectorate and Healthcare Improvement Scotland have had joint statutory responsibility to inspect and support improvement in the strategic planning and commissioning of integrated approaches to health and social care.

138 EHRC website: Getting help and advice | EHRC.

139 More information on human rights in Scotland can be found online: Human Rights Laws | Scottish Human Rights Commission.

140 In Control report on human rights is available online: Accountability and the Implementation of SDS - Self Directed Support Scotland.

141 More information about judicial review can be found online: Judicial Review | Scottish Parliament.

142 Full text of the Human Rights Act is available online: Human Rights Act 1998.

143 National Taskforce reports is available online: Supporting documents - National Taskforce for Human Rights: leadership report - gov.scot

144 Authorities already contribute to several national data collections on health and social care, for example Insights in Social Care published by Public Health Scotland.

145 See the consultation page on the strategy, which links to further information about ‘Scotland’s Digital Health and Care Strategy’ (Scottish Government and COSLA): Data Strategy for health and social care - Scottish Government consultations - Citizen Space.

146 See also the Statutory Guidance on the Carers Act 2016, as this contains diagrams and information (in particular Figure 1 and Table 1) on functions similar to those for the supported person as illustrated in Diagram 1 and Diagram 2 of this guidance. Supporting documents - Carers (Scotland) Act 2016: statutory guidance - updated July 2021 - gov.scot

147 Statutory Guidance accompanying the Carers (Scotland) Act 2016 can be found online : Carers (Scotland) Act 2016 Statutory Guidance.

148 See statutory guidance for the Public Bodies (Joint Working) (Scotland) Act 2014 for more information on health and social care integration.

149 Guidance which supports public authorities to understand and fulfil their duties under section 6 of the United Nations Convention on the Rights of the Child (UNCRC) Act contains an explanation of the duties on public authorities as defined in section 6(2) of the Act: Statutory guidance on Part 2 of the UNCRC (Incorporation)(Scotland) Act 2024.

150 More information on Guardianship orders can be found online: Setting up guardianship - mygov.scot 

151 See the Role of the Registered Social Worker in Statutory Interventions: Guidance for local authorities, which focuses on the role of the registered social worker in formal settings. For more information and definitions concerning social work in Scotland, see Social work in Scotland: Contextual paper.