Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Carers (Scotland) Act 2016

Type Act of the Scottish Parliament

Publication 2016-03-09

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — KEY DEFINITIONS

“Carer”, “young carer” and “adult carer”

Guidance and directions to health boards and directing authorities

1

(1) In this Act “carer” means an individual who provides or intends to provide care for another individual (the “cared-for person”).

(2) But subsection (1) does not apply—

(a) in the case of a cared-for person under 18 years old, to the extent that the care is or would be provided by virtue of the person's age, or

(b) in any case, to the extent that the care is or would be provided—

(i) under or by virtue of a contract, or

(ii) as voluntary work.

(3) The Scottish Ministers may by regulations—

(a) provide that “contract” in subsection (2)(b)(i) does or, as the case may be, does not include agreements of a kind specified in the regulations,

(b) permit a relevant authority to disregard subsection (2)(b) where the authority considers that the relationship between the carer and the cared-for person is such that it would be appropriate to do so.

(4) In this Part “relevant authority” means a responsible local authority or a responsible authority (see section 41(1)).

Meaning of “young carer”

2

In this Act “young carer” means a carer who—

(a) is under 18 years old, or

(b) has attained the age of 18 years while a pupil at a school, and has since attaining that age remained a pupil at that or another school.

Meaning of “adult carer”

3

In this Act “adult carer” means a carer who is at least 18 years old but is not a young carer.

“Personal outcomes” etc.

Meaning of “personal outcomes”

4

(1) In this Act “personal outcomes”, in relation to carers, includes outcomes which would, if achieved, enable carers to provide or continue to provide care for cared-for persons.

(2) The Scottish Ministers may by regulations make further provision about personal outcomes, including provision about—

(a) which outcomes may be personal outcomes,

(b) the matters to which a relevant authority is to have regard in considering which outcomes may be personal outcomes.

Meaning of “identified personal outcomes” and “identified needs”

5

(1) In this Act “identified personal outcomes”, in relation to a carer, means the personal outcomes which are identified as relevant to the carer.

(2) In this Act “identified needs”, in relation to a carer, means the needs for support (if any) which are identified in order to meet the carer's identified personal outcomes.

(3) In this section “identified” means identified by virtue of section 8 or 14.

PART 2 — ADULT CARER SUPPORT PLANS AND YOUNG CARER STATEMENTS

CHAPTER 1 — ADULT CARER SUPPORT PLANS

Duty to prepare adult carer support plan

6

(1) In this Act an “adult carer support plan” means a plan prepared by a responsible local authority setting out—

(a) an adult carer's identified personal outcomes,

(b) an adult carer's identified needs (if any), and

(2) If a responsible local authority identifies a person as an adult carer, the responsible local authority must offer the person an adult carer support plan.

(3) The responsible local authority must prepare an adult carer support plan in relation to a person if—

(a) the person accepts an offer under subsection (2), or

(b) subsection (4) applies.

(4) This subsection applies if a person who appears to the responsible local authority to be an adult carer requests an adult carer support plan.

(5) A responsible local authority must exercise its functions under this section in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

(5A) The Scottish Ministers must by regulations prescribe timescales for the preparation of adult carer support plans.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adult carers of terminally ill cared-for persons

7

(1) The Scottish Ministers must by regulations prescribe timescales for the preparation of adult carer support plans in relation to adult carers of terminally ill cared-for persons.

(2) For the purposes of this section and section 13, a cared-for person is terminally ill at any time if at that time the person suffers from a progressive disease and death in consequence of that disease can reasonably be expected within 6 months.

Adult carers: identification of outcomes and needs for support

8

(1) The Scottish Ministers may by regulations make provision about the identification of adult carers' personal outcomes and their needs for support, including—

(a) how personal outcomes and needs for support are to be identified,

(b) the process for doing so (including arrangements for the involvement of adult carers and cared-for persons),

(d) the sharing of information about adult carers and cared-for persons for the purpose of identifying personal outcomes and needs for support,

(e) the factors to be taken into account in identifying adult carers' personal outcomes and needs for support,

(f) the circumstances in which adult carers' personal outcomes and needs for support should be reviewed.

(2) In identifying an adult carer's personal outcomes and needs for support, a responsible local authority must, in particular, take into account any impact that having one or more protected characteristic (within the meaning of section 149(7) of the Equality Act 2010) has on the adult carer.

Content and review of adult carer support plan

Content of adult carer support plan

9

(1) An adult carer support plan must contain—

(a) information about the adult carer's personal circumstances at the time of preparation of the plan, including—

(i) the nature and extent of the care provided or to be provided,

(ii) the impact of caring on the adult carer's wellbeing and day-to-day life,

(b) information about the extent to which the adult carer is able and willing to provide care for the cared-for person,

(c) information about whether the adult carer has arrangements in place for the provision of care to the cared-for person in an emergency,

(d) information about whether the adult carer has arrangements in place for the future care of the cared-for person,

(e) information about the identification of the adult carer's personal outcomes, including about the carer's identified personal outcomes,

(f) information about the identification of the adult carer's needs for support, including—

(i) if the adult carer has identified needs, those needs,

(ii) if no needs for support are identified, that fact,

(g) information about the support available to adult carers and cared-for persons in the responsible local authority's area,

(h) if the adult carer does not reside in the responsible local authority's area, information about the support available to adult carers in the area where the adult carer resides,

(i) if the adult carer's identified needs meet the local eligibility criteria, information about the support which the responsible local authority provides or intends to provide to the adult carer to meet those needs,

(j) if the adult carer's identified needs do not meet the local eligibility criteria, information about the support which the responsible local authority provides or intends to provide to the adult carer,

(k) information about whether support should be provided in the form of a break from caring,

(l) information about the circumstances in which the plan is to be reviewed.

(2) Each second and subsequent adult carer support plan must also contain information about the extent to which any support provided under a previous plan has assisted in the achievement of the adult carer's identified personal outcomes.

(3) The Scottish Ministers may by regulations make provision about—

(a) other information which an adult carer support plan must (or must not) contain,

(b) the form of adult carer support plans.

Review of adult carer support plans

10

The Scottish Ministers may by regulations make provision about the review of adult carer support plans, including—

(a) the circumstances in which plans are to be reviewed,

(b) the frequency of review,

(d) arrangements for obtaining the views of adult carers and cared-for persons.

Provision of information about plan

Adult carer support plan: provision of information to carer etc.

11

(1) The responsible local authority must provide the persons mentioned in subsection (2) with the information contained in the adult carer support plan.

(2) Those persons are—

(a) the adult carer to whom the plan relates, and

(b) any other person the adult carer requests.

(3) Subsection (1) does not apply to the extent that the responsible local authority considers that provision of the information would not be appropriate.

(4) The information is to be provided as soon as practicable after—

(a) the plan is prepared, or

(b) in the case of a revised plan, the revised plan is prepared.

CHAPTER 2 — YOUNG CARER STATEMENTS

Duty to prepare young carer statement

12

(1) In this Act a “young carer statement” means a statement prepared by a responsible authority setting out—

(a) a young carer's identified personal outcomes,

(b) a young carer's identified needs (if any), and

(2) If a responsible authority identifies a person as a young carer, the responsible authority must offer the person a young carer statement.

(3) The responsible authority must prepare a young carer statement in relation to a person if—

(a) the person accepts an offer under subsection (2), or

(b) subsection (4) applies.

(4) This subsection applies if a person who appears to the responsible authority to be a young carer requests a young carer statement.

(5) Subsection (3) applies whether or not the young carer requires a child's plan in accordance with section 33 of the 2014 Act.

(6) Where the responsible authority, in relation to a young carer, is not the responsible local authority, the responsible authority must not provide the young carer statement to the young carer without the approval of the responsible local authority.

(7) A responsible authority must exercise its functions under this section in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).

(7A) The Scottish Ministers must by regulations prescribe timescales for the preparation of young carer statements.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Young carers of terminally ill cared-for persons

13

The Scottish Ministers must by regulations prescribe timescales for the preparation of young carer statements in relation to young carers of terminally ill cared-for persons.

Young carers: identification of outcomes and needs for support

14

(1) The Scottish Ministers may by regulations make provision about the identification of young carers' personal outcomes and their needs for support, including—

(a) how personal outcomes and needs for support are to be identified,

(b) the process for doing so (including arrangements for the involvement of young carers and cared-for persons),

(d) the sharing of information about young carers and cared-for persons for the purpose of identifying personal outcomes and needs for support,

(e) the factors to be taken into account in identifying young carers' personal outcomes and needs for support,

(f) the circumstances in which young carers' personal outcomes and needs for support should be reviewed.

(2) In identifying a young carer's personal outcomes and needs for support, a responsible authority must, in particular, take into account any impact that having one or more protected characteristic (within the meaning of section 149(7) of the Equality Act 2010) has on the young carer.

Content and review of young carer statement

Content of young carer statement

15

(1) A young carer statement must contain—

(a) information about the young carer's personal circumstances at the time of the preparation of the statement, including—

(i) the nature and extent of the care provided or to be provided,

(ii) the impact of caring on the young carer's wellbeing and day-to-day life,

(b) information about the extent to which the young carer is able and willing to provide care for the cared-for person,

(c) information about the extent to which the responsible authority considers that the nature and extent of the care provided by the young carer is appropriate,

(d) information about whether the young carer has arrangements in place for the provision of care to the cared-for person in an emergency,

(e) information about whether the young carer has arrangements in place for the future care of the cared-for person,

(f) information about the identification of the young carer's personal outcomes, including about the young carer's identified personal outcomes,

(g) information about the identification of the young carer's needs for support, including—

(i) if the young carer has identified needs, those needs,

(ii) if no needs for support are identified, that fact,

(h) information about the support available to young carers and cared-for persons in the responsible local authority's area,

(i) if the young carer does not reside in the responsible local authority's area, information about the support available to young carers in the area where the young carer resides,

(j) if the young carer's identified needs meet the local eligibility criteria, information about the support which the responsible local authority provides or intends to provide to the young carer to meet those needs,

(k) if the young carer's identified needs do not meet the local eligibility criteria, information about the support which the responsible local authority provides or intends to provide to the young carer to meet those needs,

(l) information about whether support should be provided in the form of a break from caring,

(m) information about the circumstances in which the young carer statement is to be reviewed.

(2) Each second and subsequent young carer statement must also contain information about the extent to which any support provided under a previous statement has assisted in the achievement of the young carer's identified personal outcomes.

(3) For the purpose of subsection (1)(a)(ii), the responsible authority is—

(a) to assess the wellbeing of a young carer by reference to the extent to which the matters listed in section 96(2) of the 2014 Act are or, as the case may be, would be satisfied in relation to the young carer, and

(b) in doing so, to have regard to the guidance issued under section 96(3) of the 2014 Act.

(4) The Scottish Ministers may by regulations make provision about—

(a) other information which a young carer statement must (or must not) contain,

(b) the form of young carer statements.

Review of young carer statements

16

The Scottish Ministers may by regulations make provision about the review of young carer statements, including—

(a) the circumstances in which statements are to be reviewed,

(b) the frequency of review,

(d) arrangements for obtaining the views of young carers and cared-for persons.

Provision of information about statement

Young carer statement: provision of information to carer etc.

17

(1) A responsible authority must provide the persons mentioned in subsection (2) with the information contained in the young carer statement.

(2) Those persons are—

(a) the young carer to whom the young carer statement relates,

(b) any other person the young carer requests.

(3) Subsection (1) does not apply to the extent that the responsible authority considers that provision of the information would not be appropriate.

(4) The information is to be provided as soon as practicable after—

(a) the statement is prepared, or

(b) in the case of a revised statement, the revised statement is prepared.

Continuation of young carer statement

18

Despite the fact that a young carer has attained the age of 18 years, any young carer statement prepared in relation to that carer continues to have effect until the carer is provided with an adult carer support plan.

Meaning of responsible authority: young carers

Responsible authority: general

19

(1) For the purposes of this Chapter the “responsible authority”, in relation to a young carer, is—

(a) where the young carer is a pre-school child, the health board for the area in which the child resides,

(b) where the young carer is not a pre-school child, the local authority for the area in which the child resides.

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