The human rights of older and disabled people in Scotland have been compromised by cuts to their social care support, according to a watchdog.

In a Scottish Human Rights Commission report published today, cuts to care packages – or even complete removal – due to covid-19 are described as having a ‘direct and detrimental’ effect on people’s rights.

Many struggled to cope after changes came in “basically overnight” in some areas, the report warns.

In one case highlighted by the Commission, a disabled person was left for hours at a time in their wheelchair without the help they needed to get dressed – and ended up having a ‘physical and mental breakdown’.

The Scottish government and COSLA, which represents local councils, are being urged to restore care packages to the level that they were at before the pandemic.

Just under 60,000 people in Scotland receive care in their homes, according to the most up-to-date figures, from 2018.

In the early days of the pandemic there were concerns that councils across Scotland were reducing care packages to what one local authority described as “life and limb” support.

“Extremely concerning” figures on dementia deaths at the height of lockdown published last month prompted calls for an investigation into the role that support package reductions could have played.

Today’s report adds weight to those calls, warning that existing issues in social care were “horribly exposed in a way that no-one ever thought they would be”.

“It appears to be the case that many individuals have had their care and support packages removed suddenly, without dialogue and without the usual assessment processes which would act as procedural safeguards,“ the Commission says.

In many cases families were unfairly expected to pick up the slack of caring for vulnerable relatives, it says, with some councils using covid-19 emergency legislation to avoid the need for usual impact assessments.

The Commission says asking family members to do this is unlikely to be “sustainable over the long term”.

The watchdog says the Scottish government must commit to a series of recommendations, including publishing more information identifying which councils are using emergency covid-19 legislation and committing to the introduction of a new decision-making framework for social care that is grounded in rights and inclusion.

Another recommendation is for the United Nations Convention on the Rights of Persons with Disabilities (CRPD) to be incorporated into Scots law.

Judith Robertson, Chair of the Commission, said: "Social care is an essential investment in realising people’s rights, particularly those of us who are disabled, older or provide unpaid care. Delivered properly, social care should enable people to access their rights to family life, health, education, employment and independent living in the community, among others.

“That’s why the Commission is deeply concerned about the reduction and withdrawal of social care support to people during COVID-19, and the impact this is having on their rights.

“Looking ahead, human rights can and should be used by public authorities as a tool to strengthen how decisions are made about social care. This would ensure stronger protections and respect for people’s rights as we all continue to navigate our way through COVID-19.

“Ultimately the Commission wants to see a social care system, based on human rights, capable of delivering the outcomes which are enshrined in the UN Convention on the Rights of Persons with Disabilities.”

Responding to the report, a Scottish Government spokesperson said:

“We recognise that the COVID-19 pandemic has been incredibly difficult for both those receiving and providing adult social care.

"It is critical that social care support is maintained as far as possible to ensure the safety, dignity and human rights of people who already receive support, and that of their unpaid carers. We’ve allocated £150 million for social care as part of our additional COVID funding this year to help the sector mitigate the financial implications of the pandemic.

“Unavoidable short term changes in people’s support have been necessary due to a reduction in workforce capacity as a result of workers self-isolating or being unwell, or many group-based supports running at reduced capacity due to physical distancing measures. In some instances the support needs may also have changed and required review or amendment.

The spokesperson added that the government remains committed to reforming adult social care, with the independent review of adult social care set up by ministers adopting “a human-rights based approach to consider what changes are required to achieve the highest standards of support for the independence and wellbeing of people who use adult social care support”.

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