Carers (Scotland) Act 2016: consultation on draft regulations

Executive Summary

The Carers (Scotland) Act 2016 ("the Act") ^[1] will come into force on 1 ^st April 2018.

The intention of the Act is to ensure that Scotland's estimated 745,000 adult carers and 44,000 young carers ^[2] are better supported on a more consistent basis, so that they can continue to care, if they so wish, in good health and to have a life alongside caring.

Moreover, in relation to young carers, the intention is that young carers should have a childhood similar to their non-carer peers.

The Act sits within the wider context of the Scottish Government's intention to build a fairer Scotland and strong sustainable economy; tackling inequalities in society; and delivering public services in communities.

The case for supporting carers and the potential impact of caring is recognised in national health and well-being outcome 6, which the Carers Act supports:-

" People who provide unpaid care are supported to look after their own health and wellbeing, including to reduce any negative impact of their caring role on their own health and wellbeing."

Through the Carers Act Implementation Steering Group and a number of specific working groups, the Scottish Government is collaborating with key partners including COSLA, local authorities, health boards, carers, and National Carer Organisations to help inform the regulations and guidance to accompany the Act.

In preparing the content of this consultation, we have carefully considered the views of these stakeholders and working groups. It is important to note that the regulations in this consultation document are in draft.

Following discussion and informal consultation with these stakeholders, we have decided not to exercise all of the regulation-making powers provided under the Act at this stage. In particular, we have decided that further work is required before regulating on timescales for the preparation of adult carer support plans and young carer statements for carers of a terminally ill cared-for person (sections 7 and 13 of the Act). Due to the lack of an adequate evidence base with which to the determine appropriate timescales to regulate for, research is underway which will inform the preparation of these regulations in due course.

This consultation will run in parallel with a separate consultation on the draft Carers' Charter setting out carers' and young carers' rights under the Act, which can also be found on the Citizen Space area of the Scottish Government website. Please note, to align with legislative timeframes, this consultation on draft regulations will close on 24 September, while the Carers' Charter consultation will remain open until 22 October.

Future Opportunities

Analysis of the responses to this consultation will be considered by the Scottish Ministers. We intend for the Carers Act Implementation Steering Group to remain - not only to help inform successful implementation of the Act, but to also help inform the Scottish Government of how the legislation is having an impact 'on the ground' in the period following commencement on 1 April 2018.