Carers Legislation - Consultation on Proposals
A consultation on proposed legislative measures to further support carers and young carers in Scotland.
Footnotes
1. A body of research over the last few years commissioned by academia, research consultants and the national carers organisations.
2. The Registrar General has projected that the number of people in Scotland aged over 75 will grow by around 10,000 every year, over the decade ahead. Changes in demography will vary in scale depending on location. Around one quarter of Scotland's population will be aged 65 and over by 2033. For some of our more rural areas the proportion is predicted to rise to nearly one third.
3. Carers UK (2013):The State of Caring (295 carers in Scottish sample) http://www.carersuk.org/professionals/resources/research-library/item/3090-the-state-of-caring-2013
4. Scottish Household Survey 2007-08
5. The Scottish Government does not collect data on the number of student carers in Further and Higher Education. However, based on four years of data from the Scottish Household Survey (in order to have a big enough sample), and taking into account those caring for over 35 hours a week, a very rough estimate is 2,300 student carers, both adult and young carers.
6. If a looked-after child cannot remain with their birth parents they can be placed by a local authority in the care of family or friends, for either a short or long period of time. Under the Looked After Children (Scotland) Regulations 2009, these 'kinship carers' are defined as "a person who is related to the child (through blood, marriage or civil partnership) or a person with whom the child has a pre-existing relationship".
7. http://www.legislation.gov.uk/asp/2013/1/contents/enacted
8. http://www.scottish.parliament.uk/help/62233.aspx
9. http://www.scottish.parliament.uk/parliamentarybusiness/Bills/63845.aspx
10. Includes Scottish Welfare Fund, £20 million to local authorities for Discretionary Housing Payments to help mitigate the impact on the 'bedroom tax' and £7.9 million for advice and support services
11. http://www.scotland.gov.uk/Topics/People/welfarereform/EXPERTWORKINGGROUPONWELFARE
13. http://www.scotland.gov.uk/About/Review/publicservicescommission
14. Overcoming Barriers: Unpaid Care and Employment in England (2012), London School of Economics and Political Science/NIHR School for Social Care Research (Linda Pickard et al) - public expenditure costs of working age carers leaving employment as a result of their caring role are £1.3 billion each year in England. http://blogs.lse.ac.uk/healthandsocialcare/2012/04/25/dr-linda-pickard-public-expenditure-costs-of-carers-leaving-employment/
15. Yeandle S & Wigfield A (eds) (2011) - New approaches to supporting carers' health and well-being: Evidence from the National Carers' Strategy Demonstrator Sites programme http://www.sociology.leeds.ac.uk/assets/files/research/circle/151111-6121-circle-newapproaches-complete-report-web.pdf
16. NEF Consulting (2009) The Social and Economic Value of Short Breaks http://www.lx.iriss.org.uk/content/social-and-economic-value-short-breaks
17. Clifford, J. et al (2011) The Princess Royal Trust for Carers: Social Impact Evaluation using Social Return on Investment, London, The Princess Royal Trust for Carers http://www.carers.org/sites/default/files/prtc_draft_report_v7_final_version_3_with_edits.pdf
18. Buckner, L & Yeandle S (2011) Valuing Carers http://www.carersuk.org/professionals/resources/research-library/item/2123-valuing-carers-2011
19. Section 12AA of the Social Work (Scotland) Act 1968 and section 24 of the Children (Scotland) Act 1995
20. Section 12AB of the Social Work (Scotland) Act 1968 and section 24A of the Children (Scotland) Act 1995
21. Local authorities have powers under section 4 of the 1968 Act to involve other bodies or persons in helping them to carry out their functions, and may delegate functions to Health Boards in accordance with section 15 of the Community Care and Health (Scotland) Act 2002.
22. Carers: Community Care and Health (Scotland) Act 2002, Guidance on sections 8-12, Scottish Executive Circular CCD 2/2003 http://www.sehd.scot.nhs.uk/publications/cc2003_02full.pdf
23. http://www.jitscotland.org.uk/action-areas/talking-points-user-and-carer-involvement/
24. eg Change Fund Plans; note from Carers Trust Learning Exchange, October 2013
25. Carer's assessment and outcome focussed approaches to working with carers: A joint project between Midlothian Council Community Care Team and VOCAL Midlothian Carers Centre, 2013 (CRFR/IRISS) http://www.vocal.org.uk/assets/files/downloads/PROP%20Report%202013.pdf
26. Ordinary Residence Guidance was updated and amended in April 2010 and is set out in Circular CCD 3/2010 and associated regulations. The guidance aims to improve portability of care by introducing transitional arrangements for paying for care when an individual moves from one local authority to another. The guidance will be kept under regular review and will be amended as required to reflect policy changes eg integration of health and social care and self-directed support. http://www.scotland.gov.uk/Resource/0041/00411384.pdf
27. Section 86 of the Social Work (Scotland) Act 1968 deals with recovery of expenditure between local authorities in a number of circumstances involving moves between areas.
28. Carer's assessment and outcomes focused approaches to working with carers. A joint project between Midlothian Council Community Care Team and VOCAL, Midlothian Carers Centre, 2013, CRFR and IRISS http://www.vocal.org.uk/assets/files/downloads/PROP%20report%20summary.pdf
29. https://portal.livingitup.org.uk/
30. http://www.careinfoscotland.co.uk/home.aspx
31. Section 12AB of the Social Work (Scotland) Act 1968 and section 24A of the Children (Scotland) Act 1995
32. Section 12 of the Community Care and Health (Scotland) Act 2002
33. For example, section 12A(4)(b) of the 1968 Act
34. Section 20 of the Children (Scotland) Act 1995
35. http://www.legislation.gov.uk/asp/2011/5/contents/enacted
36. Sections 9 and 10 of the Social Care (Self-directed Support) (Scotland) act 2013
38. CIRCLE, New Approaches to supporting carers' health and wellbeing: Evidence from the National Carers Strategy Demonstrator Sites, University of Leeds, 2011 http://www.sociology.leeds.ac.uk/assets/files/research/circle/151111-6121-circle-newapproaches-complete-report-web.pdf
39. Under proposals in the Children and Young People (Scotland) Bill), every child from birth until they reach age 18 or older if still at school will have a Named Person made available to them.
40. Under (GIRFEC) where concerns about wellbeing require coordinated intervention from more than one service or agency, then a Lead Professional will be identified to take on that coordinating role.
41. http://scottishtransitions.org.uk/
42. Principles of Good Transitions Planning, Improving transitions for young people with Additional Support Need (Scottish Transitions Forum) ARC Scotland http://scottishtransitions.org.uk/scottish-transitions-forum-agenda-for-improvement-for-scottish-transitions/
43. http://www.scotland.gov.uk7915469f-50f2-407e-bd05-55a66ff16027 - Supporting Children's Learning - Code of Practice for Additional Support for Learning.
44. http://www.scotland.gov.uk/Publications/2012/11/3248 - Post-16 Transitions Policy and Practice Framework: Supporting all young people to participate in post-16 learning, training or work
45. Better Breaks, Evaluation Report on Round One of Better Breaks, April 2012 - March 2013, Dr Eleanor Logan
47. http://www.legislation.gov.uk/asp/2013/1/contents/enacted
48. Section 12A(1)(b)(ii) of the Social Work (Scotland) Act 1968 and section 23(4) of the Children (Scotland) Act 1995
49. http://www.sharedcarescotland.org.uk/_nonhtdocs/pdfs/Its%20About%20Time%20Report%20Nov%202010.pdf
51. Paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010 includes the definition: '"someone who cares for (or 'a person who cares for') a person, means someone who, being an individual, provides on a regular basis a substantial amount of care for that person, not having contracted to do so and not in the course of providing a care service." This definition is then referred to in section 12 of the Community Care and Health (Scotland) Act and in sections 14 and 16 of the Criminal Justice (Scotland) Act 2003.
52. Care 21, The Future of Unpaid Care in Scotland, 2006 http://www.scotland.gov.uk/Publications/2006/02/28094157/1
54. This does not go against section 23 of the Children (Scotland) Act where local authorities can provide services to, inter alia, children who are adversely affected by the disability of a family member but who are not young carers themselves.
55. Caring in Scotland: Analysis of Existing Data Sources on Unpaid Carers in Scotland - http://www.scotland.gov.uk/Resource/Doc/319575/0102110.pdf
56. Caring in Scotland: Analysis of Existing Data Sources on Unpaid Carers in Scotland - http://www.scotland.gov.uk/Resource/Doc/319575/0102110.pdf
57. Respite Care, Scotland 2011 - Official Publication - http://www.scotland.gov.uk/Resource/Doc/360950/0122052.pdf
58. Carers UK (2013):The State of Caring (295 carers in Scottish sample)- http://www.carersuk.org/professionals/resources/research-library/item/3090-the-state-of-caring-2013
59. Caring in Scotland: Analysis of Existing Data Sources on Unpaid Carers in Scotland - http://www.scotland.gov.uk/Resource/Doc/319575/0102110.pdf
60. Caring in Scotland: Analysis of Existing Data Sources on Unpaid Carers in Scotland - http://www.scotland.gov.uk/Resource/Doc/319575/0102110.pdf
61. LGBT Community Needs Assessment Report - http://lgbthealth.org.uk/sites/default/files/Needs%20Assessment%20Sept%2007%20_Updated%20Dec%2007_.PDF
62. 2011 Census: Key Results on Population, Ethnicity, Identity, Language, Religion, Health, Housing and Accommodation in Scotland - Release 2A- http://www.scotlandscensus.gov.uk/documents/censusresults/release2a/StatsBulletin2A.pdf
63. Informal Caring within Scotland's Black and Minority Ethnic Communities - http://www.mecopp.org.uk/files/documents/MECOPP%20publications/Informal%20Caring%20briefing%20sheet%203.pdf
64. Hidden Carers - Unheard Voices - Informal caring within the Gypsy/Traveller community in Scotland - http://www.scottish.parliament.uk/S4_EqualOpportunitiesCommittee/Inquiries/MECOPP.pdf
65. Caring in Scotland: Analysis of Existing Data Sources on Unpaid Carers in Scotland - http://www.scotland.gov.uk/Resource/Doc/319575/0102110.pdf
66. Valuing Carers 2011 - Calculating the value of carers' support - http://www.carersuk.org/media/k2/attachments/Valuing_carers_2011___Carers_UK.pdf
67. A body of research over the last few years commissioned by academia, research consultants and the national carers organisations.
68. Caring Together : The Carers Strategy for Scotland 2010-2015 and Getting it Right for Young Carers: The Young Carers Strategy for Scotland 2010-2015 - http://www.scotland.gov.uk/Publications/2010/07/23153304/0
69. An Introduction to Cultural Competence - http://www.mecopp.org.uk/files/documents/MECOPP%20publications/Cultural%20competence%20briefing%20sheet%206.pdf
70. Valuing Carers 2011 - Calculating the value of carers' support - http://www.carersuk.org/media/k2/attachments/Valuing_carers_2011___Carers_UK.pdf
71. A body of research over the last few years commissioned by academia, research consultants and the national carers organisations.
72. Section 12AB of the Social Work (Scotland) Act 1968 and section 24A of the Children (Scotland) Act 1995
73. Section 12 of the Community Care and Health (Scotland) Act 2002
74. For example, section 12A(4)(b) of the 1968 Act
75. Section 20 of the Children (Scotland) Act 1995
76. http://www.legislation.gov.uk/asp/2011/5/contents/enacted
77. Sections 9 and 10 of the Social Care (Self-directed Support) (Scotland) act 2013
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