Community Care & Health Act 2002

The Community Care & Health (Scotland) Act 2002 was given Royal Assent in March 2002 and legislated for a number of improvements in care services including new provisions to support carers.  From 1 September 2002: 

• substantial and regular adult carers, including parent/guardian carers of disabled children, are entitled to an assessment of their ability to care (“carer’s assessment”), independent of any assessment of the person they care for
• for the first time, young carers under 16 have the same right to an assessment
• local authorities have a duty to inform eligible carers of their right to an assessment
• local authorities have a duty to take account of the care provided by a carer, and the views of the person in need and their carer before deciding what services to provide

Also included in the Act was a power for Scottish Ministers to request that NHS Boards produce Carer Information Strategies detailing how they will inform carers of their rights and of the support available.  The Scottish Executive have now taken up this power and by 31 October 2006, Boards must have submitted these strategies for implementation on 1 April 2007.

The provisions are underpinned by the fundamental principle that carers should be recognised and treated as key partners in providing care.  This recognition of carers as partners rather than service users should underpin all support to carers and the people they care for.

This principle recognises the unique role that carers play in providing care in the community. They are usually the main care providers for the person they look after and have extensive knowledge and expertise about the needs of the person they care for.  Local authorities should recognise and draw on this knowledge and expertise to ensure that the cared-for person receives services that are right for their needs.