Your Rights as a Carer

By law, anyone who 'regularly provides a substantial amount of care' is entitled to an assessment of their needs as a Carer. This is called a Carer's Assessment and it aims to find out what help you need with caring, and to help maintain your own health and wellbeing.

The assessment provides an opportunity to think about yourself and what you need. The discussion will also look at whether you are eligible to receive services and how your needs can best be met.
 
The idea of filling in a Carer's Assessment can be daunting, especially when caring for someone with mental health issues, as a lot of the support you will be providing may be emotional rather than practical.  Carers Link staff can help you through the process by arranging an assessment, and in completing the form.
 
It is important to know that you can also request a Community Care Assessment, which assesses the needs of the person you care for. An assessment is required to access most Social Work services such as Respite or Short Breaks.
 
Under the Mental Health Act, Carers also have some additional rights. These are explained in this useful booklet but are namely:
 
  • The rights and views of Carers must be taken into consideration as much as possible when any decisions about the service user’s care and treatment are made. Anyone involved in the care and treatment of the service user must provide Carers with the information they need to provide effective care. However, a Carer will not receive any information that the service user does not want to have shared.  Read our section on Carers and Confidentiality for more information.
  • Carers have the right to attend the Tribunal and present relevant information if the Tribunal considers the Carer to have an interest in the application being considered.
  • A Carer may be notified by a police constable that the person they care for has been removed to a place of safety because they have a mental disorder and they are in immediate need of care and treatment.
  • The Act requires that the primary Carer has the right to be notified by hospital management when the service user they support is going to be transferred to another hospital in Scotland under the Act. Unless this transfer is urgent (in which case they should be notified as soon as possible after the transfer) they have the right to be informed at least seven days beforehand.
  (Source: The New Mental Health Act, Rights of Carers, Scottish Executive 2006)