Carers Rights Day is an opportunity to ensure carers are informed to access their rights and support services. As a carer, it’s essential to understand the laws designed to protect your role, help you balance responsibilities, and support your wellbeing.
The Carers (Scotland) Act 2016
The Carers (Scotland) Act protects carers’ rights and was created to:
- Encourage carers’ views to be taken into account
- Improve support for carers
- Help with caring relationships
- Protect carers’ health and wellbeing
The rights for carers include:
- An Adult Carer Support Plan (ACSP) or a Young Carer Statement (YCS) to identify the carer’s needs and personal outcomes
- Carers’ views being taken into account in assessing the needs of the person being cared for and in decisions about the cared-for person being discharged from hospital
Councils must:
- Provide support to carers, based on the carer’s needs and the local eligibility criteria
- Have an information and advice service for carers where they can learn about things like: emergency and future care planning, advocacy, income maximisation and carers’ rights
Work and Families Act 2006
Balancing work with caring responsibilities can be challenging, and the Work and Families Act offers protections to support working carers. This act entitles carers to:
- Flexible Working Requests: Carers have the right to request flexible working arrangements, such as adjusted hours or remote work, to balance work with caring responsibilities.
- Parental Leave: If you are a working carer of a disabled child under 18, you are entitled to additional unpaid leave to manage your caring responsibilities.
Mental Health Act 2003
The Mental Health Act states that the rights and views of carers must be taken into consideration as much as possible when any decision about a cared-for person’s care and treatment is made.
- Carers have the right to be informed and consulted in treatment decisions when the individual they care for is receiving mental health treatment.
Equality Act 2010
The Equality Act protects people from discrimination in the workplace and in wider society.
- Under this act it is illegal to discriminate against a carer because of their responsibilities as a carer, or because of the individual(s) they care for.
- Employers must ensure carers are treated fairly, offering adjustments where necessary to support carers’ needs.
The Carers Leave Act 2023
The most recent addition to carers’ rights, the Carer’s Leave Act 2023, focuses on giving carers flexibility and time off from their roles. Under this new act:
- Employees are entitled to up to one week’s unpaid leave per year if providing or arranging care for someone with a long-term care need.
- This leave can be taken flexibly (in half or full days) for planned and foreseen caring commitments.
- It is available from the first day of employment.
On Carers Rights Day, take the time to ask yourself:
- Do I know what support is available from my local authority?
- Am I accessing all entitled breaks and services?
- Do I know my rights to flexible work and fair treatment?
- Am I protected from discrimination in my work and community?
For advice or more information on how VOCAL can support you, get in contact on 0808 196 6666 or email .
Partner organisations are invited to use our communications toolkit for Carers Rights Day! This is full of content you can use to spread the word about carers’ rights. Download the toolkit here (Word doc).
