All Carers have immutable rights granted to them in the form of various legislation detailed below:

Carers (Scotland) Act 2016

The Carers (Scotland) Act 2016 takes effect from 1 April 2018.

The Act extends and enhances the rights of carers in Scotland to help improve their health and wellbeing, so that they can continue to care, if they so wish, and have a life alongside caring.

As required by section 36 of the Act the Scottish Ministers have prepared the Carers' charter, setting out the rights of carers in or under the Act. Click on the link below to view the charter:

Carers' Charter

The Act also requires local authorities to have a local information and advice service for carers. These services must provide information and advice about a number of things relevant to carers, including the carers' rights set out in the Carers' charter.

You can view the full Carers (Scotland) Act here: 

The Carers (Scotland) Act 2016

Other Relevant Legislation

The Right to Respect  for Private Family life, home and correspondence

The Right to Protection from Discrimination  

The Right to a Carers Assessment if you Provide a Substantial of care on a regular basis including to a Child/young person with a disability:

The Right to Receive Information From Health Services in relation to Support in your caring role

The Right to be treated as an Equal Partner in Care

The Right to Request Flexible Working and to take Reasonable time off for emergencies

The Right to complain about decisions that affect you 

The Right to access information held about you and about your child (under 16) by the Social Work Department

The Qualified Right to succeed the Scottish Secured tenancy of the person you care for on Admission to Long Term Care of if that person passes away

The 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

The Right, if you are a Parent of a Child with with Additional Support Needs still at School to request that the Education Authority develops or reviews a co-ordinated support plan


Other Pieces of Legislation to Note:


Last Reviewed March 2018