1 South Lanarkshire Carers’ Network Carers’ Rights Welcome and Introduction Robert Anderson Chairperson - South Lanarkshire Carers’ Network

2 Carers’ Rights South Lanarkshire Carers’ Network October 23 rd 2013 Presentation by Claire Pearson Social Worker South Lanarkshire Council

3 Outline Background to carers’ rights (relating to adult carers). Young carers have specific legal rights. Background to carers’ rights (relating to adult carers). Young carers have specific legal rights. Carers’ existing rights – what are they? A brief outline of existing legal rights for carers in Scotland Carers’ existing rights – what are they? A brief outline of existing legal rights for carers in Scotland Exercising your rights Exercising your rights

4 Background National carers’ strategy (Caring Together) – commitment to developing a carers’ rights charter (Government, COSLA and partners) National carers’ strategy (Caring Together) – commitment to developing a carers’ rights charter (Government, COSLA and partners) Scottish Government’s Carer Policy Branch commissioned Carers Scotland and MECOPP – tender accepted (write the charter and consult with carers as well as providers) Scottish Government’s Carer Policy Branch commissioned Carers Scotland and MECOPP – tender accepted (write the charter and consult with carers as well as providers) Oversight group – South Lanarkshire’s involvement Oversight group – South Lanarkshire’s involvement

5 Why do we need a charter of rights for carers? So that carers are aware of their rights – equal partners So that carers are aware of their rights – equal partners A published charter will benefit carers, providers, the NHS, local authorities, employers, voluntary sector A published charter will benefit carers, providers, the NHS, local authorities, employers, voluntary sector Will aid future policy developments Will aid future policy developments Will raise standards Will raise standards

6 Progress to date Scottish Government’s charter in draft form Scottish Government’s charter in draft form Consultation taken place with carers on the draft Consultation taken place with carers on the draft Charter will document existing legal rights Charter will document existing legal rights  Carers in South Lanarkshire: - One step ahead! - Well informed: 11 legal rights

7 Interesting Findings from the Carers’ Rights Charter Survey … Interesting Findings from the Carers’ Rights Charter National Survey … Just 8 % of carers had been Just 8 % of carers had been told they have a right to choose told they have a right to choose to provide care or to limit the care to provide care or to limit the care they provide they provide 45% of carers rated their experience of hospital discharge as poor to very poor but… 45% of carers rated their experience of hospital discharge as poor to very poor but… 68% carers knew of their right to a carers’ assessment – over 50% said it was beneficial 68% carers knew of their right to a carers’ assessment – over 50% said it was beneficial Carers rated GPs most likely to work with carers as equal partners in care Carers rated GPs most likely to work with carers as equal partners in care

8 1. Right to respect for private and family life, home and correspondence A right to have your personal life respected and a life outside of your caring role A right to have your personal life respected and a life outside of your caring role If caring for an adult, the right to limit the care you provide or not to provide care If caring for an adult, the right to limit the care you provide or not to provide care If caring for a child/young person under 16, you have the right to agree the level of care you are willing to provide If caring for a child/young person under 16, you have the right to agree the level of care you are willing to provide A right to respect for your physical and mental wellbeing A right to respect for your physical and mental wellbeing To participate in decisions, which affect you and your caring role To participate in decisions, which affect you and your caring role For your expertise as a carer to be valued and recognised For your expertise as a carer to be valued and recognised European Convention on Human Rights (1998) Article 8 and Human Rights Act (1998)

9 2. Right to protection from discrimination Everyone has the right not to be discriminated against on the basis of gender, disability, age, culture, faith, sexual orientation, marital status or civil partnership If you provide care to someone in one of these groups you are protected from discrimination based on your relationship to them Equality Act (2010)

10 3. Right to a Carer’s Assessment if you provide a substantial amount of care on a regular basis including to a child/young person with a disability You should be provided with a timely and good quality assessment You should be provided with a timely and good quality assessment You have the right to a regular review and to be provided with information on the choices available to organise and manage any support you require as a carer You have the right to a regular review and to be provided with information on the choices available to organise and manage any support you require as a carer You have the right to expect the local authority to assess your ability to continue to provide care including the likely impact on your physical and mental health You have the right to expect the local authority to assess your ability to continue to provide care including the likely impact on your physical and mental health If you refuse a Carer’s Assessment, the local authority must still take into account your ability to continue to provide care If you refuse a Carer’s Assessment, the local authority must still take into account your ability to continue to provide care Social Work (Scotland) Act 1968 (sections 12SAA & 12SAB), Children (Scotland) Act 1995 (section 1A), Community Care & Health (Scotland) Act 2002, CCD2/2003 Disabled Person’s (Services, Consultation and Representation) Act 1986

11 4. Right to receive information from health services in relation to support in your caring role Any health service must provide you with accessible, appropriate and timely information to support you in your caring role Any health service must provide you with accessible, appropriate and timely information to support you in your caring role Community Care and Health (Scotland) Act 2002 CCD2/2003 and NHS Carer Information Strategies: Minimum Requirements and Guidance on Implementation, NHS Circular: HDL (2006) 22

12 5. Right to be treated as an equal partner in care You have the right to expect that your knowledge and expertise will be valued, recognised and respected by all professionals involved with you and the person you provide care for You have the right to expect that your knowledge and expertise will be valued, recognised and respected by all professionals involved with you and the person you provide care for You should have opportunities to be involved in local planning including locality planning partnerships for new integrated adult health and social care services You should have opportunities to be involved in local planning including locality planning partnerships for new integrated adult health and social care services Community Care and Health Scotland Act (2002) CCD2/2003 and Caring Together; a Strategy for Carers in Scotland. Public Bodies (Joint Working) (Scotland) Bill 2013

13 6. Right to request flexible working and to take reasonable time off for emergencies As a carer, you can make a request to your employer to work flexibly and to take time off to respond to emergencies or unplanned events involving the person you provide care for As a carer, you can make a request to your employer to work flexibly and to take time off to respond to emergencies or unplanned events involving the person you provide care for Employment Rights Act (1995)

14 7. (Over half way!) Right to complain about decisions that affect you You should be informed of your right to complain and be given details of external support to help you make your complaint You should be informed of your right to complain and be given details of external support to help you make your complaint You can expect to be treated fairly before and after the complaints process You can expect to be treated fairly before and after the complaints process All providers of public services must have a formal procedure for complaints All providers of public services must have a formal procedure for complaints Social Work (Scotland) Act 1968, Public Services Reform (Scotland) Act 2010

15 8. You have the right to access information held about you and held about your child (under 16) by the Social Work Department Everyone has the right to access personal information held about them by public services Everyone has the right to access personal information held about them by public services If a parent of a child/young person under 16 you have the right of access to information held by the social work department, their school or the education department If a parent of a child/young person under 16 you have the right of access to information held by the social work department, their school or the education department Parents also have the right to medical records held on their child under the age of 12 or under the age of 16 if the young person lacks ‘mental capacity’ and it is in their “best interests” Parents also have the right to medical records held on their child under the age of 12 or under the age of 16 if the young person lacks ‘mental capacity’ and it is in their “best interests” Information should be provided to you within 40 days of your request Information should be provided to you within 40 days of your request You will be advised of any limitations in the information provided and of any fee charged to access it You will be advised of any limitations in the information provided and of any fee charged to access it Data Protection Act 1998

16 9. Qualified right to succeed the Scottish secured tenancy of the person you care for on admission to long-term care or if that person passes away A qualified right means it depends on certain circumstances A qualified right means it depends on certain circumstances If you give up your home to move in to provide care for someone who lives in social housing, it becomes your main home and no-one else has a claim, you have a a right to succeed their tenancy If you give up your home to move in to provide care for someone who lives in social housing, it becomes your main home and no-one else has a claim, you have a a right to succeed their tenancy If you cannot succeed the tenancy for various reasons, the housing provider should take steps to provide you with suitable, alternative accommodation If you cannot succeed the tenancy for various reasons, the housing provider should take steps to provide you with suitable, alternative accommodation Housing (Scotland) Act 2001

Right, if you are a carer for someone subject to a Mental Health Tribunal Hearing, to be informed if they are to be transferred to another hospital You also have the right if you are the primary carer to make a request that the person cared for is assessed for community care services or mental health services You also have the right if you are the primary carer to make a request that the person cared for is assessed for community care services or mental health services If you are a carer supporting a person with mental health issues who is receiving compulsory treatment you have specific rights to information and to have your views heard If you are a carer supporting a person with mental health issues who is receiving compulsory treatment you have specific rights to information and to have your views heard Mental Health (Care and Treatment) Scotland Act 2003

Right, if you are a parent of a child with additional support needs still at school to request that the education authority develops or reviews a co-ordinated support plan You have the right to have your views heard, request mediation, appeal an Additional Support Needs Tribunal for Scotland or request independent adjudication You have the right to have your views heard, request mediation, appeal an Additional Support Needs Tribunal for Scotland or request independent adjudication You have the right to be involved in developing a plan for your child’s educational needs including planning for the future. You have the right to be involved in developing a plan for your child’s educational needs including planning for the future. You have a right to be provided with a copy of the plan and any information you need about their support needs You have a right to be provided with a copy of the plan and any information you need about their support needs You can expect that a transition plan will be put in place at least 12 months before they leave school You can expect that a transition plan will be put in place at least 12 months before they leave school Education (Additional Support for Learning) (Scotland) Act 2004

19 Self-directed Support Social Care (Self-directed Support) (Scotland) Act passed in January 2013 introduces new legal rights for carers who are eligible for services/support introduces new legal rights for carers who are eligible for services/support focus on ‘outcomes’ focus on ‘outcomes’ proposal to waive charges for carers proposal to waive charges for carers awaiting guidance from Scottish Government awaiting guidance from Scottish Government

20 Exercising your Rights Know your rights! Know your rights! Seek a local resolution in the first instance Seek a local resolution in the first instance Follow through the complaints procedure Follow through the complaints procedure Seek support (advocacy, carers’ support workers, dedicated support organisations) Seek support (advocacy, carers’ support workers, dedicated support organisations) Let South Lanarkshire Carers’ Network know of your issues ( ) Let South Lanarkshire Carers’ Network know of your issues ( ) If all else fails, seek independent advice (Ombudsman) If all else fails, seek independent advice (Ombudsman)

21 For Further Information Please contact Claire Pearson (Social Worker): South Lanarkshire Council 9 High Patrick Street Hamilton ML3 7ES Tel:

22 Harry Stevenson Executive Director Social Work Resources South Lanarkshire Council

23 Craig Cunningham Interim Head of South Lanarkshire Community Health Partnership (CHP) NHS Lanarkshire

24 Concluding Remarks Work to take forward after today:-  Summary report from the event (including discussion groups) event (including discussion groups)  Findings to be published in South Lanarkshire Carers’ Network’s newsletter – are you on the mailing list?! newsletter – are you on the mailing list?!  Decide how to raise the profile of carers’ rights among carers and professionals in South Lanarkshire – Practitioner Event next year?

25 Cont…  Issues raised today to be taken back to South Carers’ Strategy Group  Issues raised today to be taken back to South Lanarkshire’s Carers’ Strategy Group  If you feel you need support after today’s event, please contact The Lanarkshire Carers’ Centre ( ) or South Lanarkshire Carers’ Network ( )

26 Lastly… Carers are being listened to. 1 st October 2013 Scottish Government launched its intent to consult on making it a legal duty to provide support to carers who are eligible

27 Thank you!  Please complete your evaluation form  Have a look at the information on carers’ rights, more detailed information available on the legislation referred to  Remember to claim travel expenses  Enjoy lunch  Safe journey home