Carers (Scotland) Act 2016: statutory guidance - updated July 2021

Part 7: Delegation of Functions in the Carers Act

Summary

Each chapter of this guidance describes the different Carers Act functions of 'local authorities' and 'health boards' using those terms, as they appear in the Act.

References in the Carers Act guidance to 'local authorities' and 'health boards' will be understood to refer to the integration authorities of health and social care partnerships for all adult services and children's services where these have been delegated.

Purpose of this chapter

7.1.1. This chapter provides guidance on the health and social care integration context for the Act as a whole, taking account of the variation in approaches to integration for adults and children across different localities.

7.1.2. There was an overlap in the passage of the Public Bodies (Joint Working) (Scotland) Act 2014 (the '2014 Act') with the preparation of the Carers Act. This created uncertainty regarding final provisions of the 2014 Act so the Carers Act does not refer to the terminology of integration. This chapter therefore explains how bodies given responsibilities and powers under the Carers Act operate within health and social care integration.

7.1.3. The 2014 Act sets out the legal framework for the integration of health and social care. Regulations under that Act set out those functions which must be delegated to integration authorities (such as adult social care) and those which may be delegated to integration authorities (such as children's social care)^[199].

Integration models

7.1.4. There are two distinct models of integration in operation across Scotland. Within these two forms there is further flexibility and variation between local authority areas as to the detail of what these integration models entail. Therefore the exact implications of integration will vary between local authority areas.

7.1.5. The 'Corporate Body Model' has been adopted widely across Scotland. In this model the pattern for delegation is for:

• all adult social care to be delegated to integration authorities, as part of the minimum delegated functions^[200]; and
• Children's social care can also be delegated to integration authorities.

7.1.6. In integration models where children's social care is not delegated, the local authority retains responsibility for those relevant children's services.

7.1.7. The 'Lead Agency Model' is in operation in Highland. This is an alternative integration model in which all health and social care functions relating to adults and children are transferred to particular authorities separately. In the case of Highland this means:

• NHS Highland is responsible for all adult health and social care; and
• Highland Council responsible for all children's health and social care.

7.1.8. It is worth noting that a young carer, as defined in section 2 of the Carers Act, is a carer who is under the age of 18 or a carer over the age of 18 if they remain in school. The transition between children and adult social care services typically occurs from age 16 to 18. There will, therefore, be some instances where a young carer can be over 18.

Carers Act functions

7.1.9. Each chapter of this guidance describes the different Carers Act functions of 'local authorities' and 'health boards' using those terms, as they appear in the Act. (The terms 'responsible authority' and 'responsible local authority' are also used and defined).

7.1.10. Local authority functions which must be delegated to the integration authority are identified in the Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Amendment Regulations 2017^[201] and the Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Amendment (No. 2) Regulations 2017^[202]:

• Section 6 – Duty to prepare adult carer support plan (and associated responsibilities to review and provide information);
• Section 21 – Duty to set local eligibility criteria (and associated responsibilities to publish and review);
• Section 24 – Duty to provide support;
• Section 25 – Provision of support to carers: breaks from caring;
• Section 31 – Duty to prepare local carer strategy (and associated responsibilities to publish and review);
• Section 34 – Information and advice service for carers; and
• Section 35 – Short breaks services statements

7.1.11. In line with the approach noted above, the requirement to delegate the above functions only extends to adult social care. Delegation of these functions with respect to children's social care remains a matter for local decision.

7.1.12. Local authority functions under section 12 – duty to prepare young carer statement (and associated responsibilities to publish and review) may also be delegated.

7.1.13. Health board functions which may be delegated to the integration authority are identified in The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Amendment Regulations 2017^[203]:

• Section 12 – Duty to prepare young carer statement (and associated responsibilities to publish and review); and
• Section 31 - Duty to prepare local carer strategy (and associated responsibilities to publish and review).

7.1.14. Health board functions under section 28 of the Carers Act (Carer involvement in hospital discharge of cared-for persons) are subsidiary to any hospital functions delegated to integration authorities and will therefore automatically be delegated with those functions. (See expanded explanation of this point in Part 4, Chapter 2 – carer involvement in hospital discharge of cared-for persons.)

7.1.15. Local authority and health board functions under section 27 (Duty to involve carers in carer services) are not required to be delegated as integration authorities already have responsibilities to ensure carer involvement under the Public Bodies (Joint Working) (Scotland) Act 2014.