Know Your Rights: A Guide for Carers Rights Day
Understanding your rights as a carer: support and protection
Whether you’re caring at home, in the workplace, or dealing with healthcare services, it’s crucial to understand the support you’re entitled to. Finding clear information can be tricky, so VOCAL has put together this guide to help you navigate your rights as a carer.
Carers Rights Day: an oppportunity to learn
Carers Rights Day is an opportunity for carers to access vital information on their rights and available support services. It’s essential to understand the laws designed to protect your role, help balance responsibilities, and support your wellbeing.
The Carers (Scotland) Act 2016
The Carers (Scotland) Act safeguards carers’ rights and aims to:
- Encourage health and social care workers to consider unpaid carers’ views
- Improve support for carers
- Strengthen caring relationships
- Protect carers’ health and wellbeing
The Act provides carers with:
- Adult Carer Support Plan (ACSP) or Young Carer Statement (YCS) to identify personal needs and outcomes
- Consideration of carers’ views when assessing the needs of the person being cared for, especially when they are discharged from hospital
Councils must:
- Provide support based on the carer’s needs and local eligibility criteria
- Have an information and advice service where carers can access information on emergency care planning, advocacy, income maximisation, and more
The Work and Families Act 2006
Balancing work with caring responsibilities can be challenging, and the Work and Families Act provides protections for working carers, including:
- Flexible Working Requests: Carers have the right to request flexible working arrangements, such as adjusted hours or remote work, to better manage caring responsibilities.
- Parental Leave: Working carers of disabled children under 18 are entitled to additional unpaid leave to help manage caring duties.
The Mental Health Act 2003
Under the Mental Health Act, the rights and views of carers must be considered when decisions are made regarding the care and treatment of the person they care for. Carers have the right to be consulted and informed about treatment decisions, especially when the cared-for person is receiving mental health treatment.
The Equality Act 2010
The Equality Act protects carers from discrimination in the workplace and society. It is illegal to discriminate against carers because of their responsibilities. Employers must provide adjustments to support carers’ needs, ensuring fair treatment.
The Carers Leave Act 2023
The newest legislation, the Carer’s Leave Act 2023, provides more flexibility for carers. Under this act:
- Employees can take up to one week’s unpaid leave per year if they are caring for someone with long-term care needs.
- Leave can be taken flexibly, either in full or half-days, for planned care commitments.
- This leave is available from the first day of employment.
Key questions for Carers on Rights Day
On Carers Rights Day, take a moment to reflect on your situation:
- Do I know what support is available from my local authority?
- Am I accessing all entitled breaks and services?
- Do I understand my rights to flexible work and fair treatment?
- Am I protected from discrimination in my work and community?
For support or more information on how VOCAL can assist, contact us on 0808 196 6666 or email centre@vocal.org.uk.
Additional support for LGBTQ+ carers
If you’re an LGBTQ+ carer, LGBT Health and Wellbeing offers tailored support, including advice and safe spaces to connect with others who understand your unique challenges.