South Lanarkshire Carers

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South Lanarkshire Carers Network

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

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Carers Rights

• South Lanarkshire Carers Network
• October 23rd 2013
• Presentation by Claire Pearson
• Social Worker
• South Lanarkshire Council

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Outline

• 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
• Exercising your rights

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Background

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

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Why do we need a charter of rights for carers?

• So that carers are aware of their rights equal
  partners
• A published charter will benefit carers,
  providers, the NHS, local authorities, employers,
  voluntary sector
• Will aid future policy developments
• Will raise standards

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Progress to date

• Scottish Governments charter in draft form
• Consultation taken place with carers on the draft
• Charter will document existing legal rights
• Carers in South Lanarkshire
• - One step ahead!
• - Well informed 11 legal rights

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Interesting Findings from the Carers Rights
Charter National Survey

• Just 8 of carers had been
• told they have a right to choose
• to provide care or to limit the care
• they provide
• 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
• Carers rated GPs most likely to work with carers
  as equal partners in care

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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
• 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
• A right to respect for your physical and mental
  wellbeing
• To participate in decisions, which affect you and
  your caring role
• For your expertise as a carer to be valued and
  recognised
• European Convention on Human Rights (1998)
  Article 8 and Human Rights Act (1998)

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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)

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3. Right to a Carers 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 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
• If you refuse a Carers 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 Persons (Services,
  Consultation and Representation) Act 1986

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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
• 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

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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 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

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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
• Employment Rights Act (1995)

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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 can expect to be treated fairly before and
  after the complaints process
• All providers of public services must have a
  formal procedure for complaints
• Social Work (Scotland) Act 1968, Public Services
  Reform (Scotland) Act 2010

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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
• 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
• 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
• Data Protection Act 1998

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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
• 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
• Housing (Scotland) Act 2001

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10. 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
• 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

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11. 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 be involved in developing a
  plan for your childs 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 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

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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
• focus on outcomes
• proposal to waive charges for carers
• awaiting guidance from Scottish Government

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Exercising your Rights

• Know your rights!
• Seek a local resolution in the first instance
• Follow through the complaints procedure
• Seek support (advocacy, carers support workers,
  dedicated support organisations)
• Let South Lanarkshire Carers Network know of
  your issues (01698 285163)
• If all else fails, seek independent advice
  (Ombudsman)

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For Further Information

• Please contact Claire Pearson (Social Worker)
• South Lanarkshire Council
• 9 High Patrick Street
• Hamilton
• ML3 7ES
• Tel [phone]
• Email claire.pearson_at_southlanarkshire.gov.uk

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• Harry Stevenson
• Executive Director
• Social Work Resources
• South Lanarkshire Council

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

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Concluding Remarks

• Work to take forward after today-
• Summary report from the
• event (including discussion groups)
• Findings to be published in South
• Lanarkshire Carers Networks
• 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?

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Cont

• Issues raised today to be taken back to South
  Lanarkshires Carers Strategy Group
• If you feel you need support after todays event,
  please contact The Lanarkshire Carers Centre
  (01698 428090) or South Lanarkshire Carers
  Network (01698 285163)

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Lastly

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

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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