Are you a carer?
Your rights as a carer
Caring can be both rewarding and demanding, and we understand that to enable carers to maintain their caring role, if they so wish, we must provide information, advice, support, and services. It is important that carers understand what their rights are in order to access support to help carers maintain their health, wellbeing and work/life balance.
Carers (Scotland) Act 2016
The Carers (Scotland) Act 2016 came into effect on 1 April 2018 to ensure better and more consistent support for carers so they can continue to care, if they wish to do so.
This Act places specific duties on local authorities and gives new rights for carers:
- The right for every adult carer to have an Adult Carer Support Plan (ACSP)
- The right for every young carer to have a Young Carers Statement
- A right to support to meet “eligible needs”
- Prepare a local Carer Strategy
- Provide an information and advice service
- Publish a Short Breaks Services Statement
- The right to be involved in the hospital discharge process of the person they are or are going to be caring for
- Scottish Ministers must prepare a Carers Charter
The Coalition Of Carers In Scotland have produced a series of leaflets to explain the different areas of The Carers Act. The full legislation can be found at Carers (Scotland) Act 2016 (legislation.gov.uk).
Other legislation/guidance/initiatives
Below are some key pieces of legislation, along with details of guidance and initiatives which are intended to support carers and enhance their rights.
- Carers Charter
The Scottish Government has published a Carers Charter to help carers understand their rights under the Act.
- Carer Positive
Carer Positive is a Scottish Government funded initiative that aims to encourage employers to create a supportive working environment for carers in the workplace. Over 250 employers in Scotland have been presented with the Carers Positive Award for demonstrating that they have a working environment where carers feel valued and supported. Employers include South Lanarkshire Council, NHS Lanarkshire, and Lanarkshire Carers. More information can be found on the Carers Positive website.
- Carers Leave Act 2023 and Employment Relations (Flexible Working) Act 2023
Two new pieces of legislation relating to employers and working carers came into force in 2024. Carer Positive have more information on the Carers Leave Act 2023 and the Employment Relations (Flexible Working) Act 2023.
- Equality Act 2010
The Equality Act 2010 protects carers against direct discrimination or harassment because of their caring responsibilities. For more information on how the Equality Act relates to carers, please visit Carers UK. website.