7. Carers’ rights

Carers’ rights

2) Legislation for carers

There are several acts of legislation nationally and internationally for carers. For the purposes of this website only those which apply in Scotland are listed. Please check when seeking specific information that you have the correct information for Scottish law.

  • Equality Act 2010. This law aims to stop discrimination and help to encourage equality. This includes your rights as a carer and the person’s rights after stroke. See the following link for the advice guide Equality Act 2010: What do I need to know as a carer? [.pdf]
  • Community Care and Health (Scotland) Act 2002. This law gives carers who provide substantial and regular care the right to an independent carer assessment regardless of the need of the person being cared for. For the first time this includes carers who are under 16. Local authorities have a duty to inform eligible carers of their right to an assessment. However it is up to the carer themselves to request an assessment. For more information see the following link Community Care and Health (Scotland) Act 2002
  • Adults with Incapacity (Scotland) Act 2000. The Adults with Incapacity (Scotland) Act 2000 creates provisions for protecting the welfare of adults who are unable to take decisions for themselves because of a mental disorder or inability to communicate. It allows other people to make decisions on behalf of these adults about things like arranging services, managing finances and property and medical treatment. The act includes information on welfare and financial power of attorney, guardianship, interventions and access to funds. Scottish Government Publications . (See Topic 5 on Money, Benefits and Legal issues on this website)
  • Work and families Act 2006 Gives carers of adults the right to request flexible working, building on the existing rights which were introduced in April 2003 for parents of a disabled child under 18. Carers in employment now have more statutory rights to help them manage their work and caring responsibilities.
  • Human Rights Act 1998 Some carers have used human rights legislation to challenge decisions made about disabled people or the rights of carers themselves. This usually means challenging decisions in court and can be lengthy and expensive. See the Equality and Human Rights website for more information about your human rights or call their Scotland helpline on 0845 604 5510.

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