The newly passed Care Reform Bill will bring several long-awaited changes to Scotland’s social care system, including fast-tracked care assessments for people with a terminal illness, Anne’s Law, a right to breaks for unpaid carers, and better access to independent advocacy.

While organisations across the sector have broadly welcomed the passing of the legislation, many say they’re disappointed with its limited scope – warning that the watered-down legislation must only mark a first step in a more ambitious programme of reform.

 

 Anne’s Law

Campaigners have been fighting for the right of care home residents to be able to see their loved ones during exceptional circumstances for more than five years.

The final version of the Bill includes safeguards to stop the blanket suspension of visits during situations like pandemics, and will require ministers to prepare a code of practice to help care homes deliver the right to visits alongside residents and their families.

Speaking to BBC Radio Scotland’s Lunchtime Live programme ahead of Tuesday’s vote, Alison Leitch, co-founder of the Care Home Relatives Scotland campaigning group, said:

“The Bill recognises our role as essential care supporters and the importance of family contact in general.

“It’s a step in the right direction. I think a lot of details – we’ll have to wait and see what comes out with the code of practice.”

Unpaid carers

With the passing of the Bill, which will become an Act on receiving Royal Assent, local authorities will be required to ensure both adult and young carers can take breaks from their caregiving responsibilities.

The Coalition of Carers in Scotland, alongside other national carer organisations, has been campaigning for this right for several years.

The organisation says the passing of the Bill is a “huge step forward” for Scotland’s unpaid carers, but that the work is far from over:

‘The introduction of this new right has the potential to be truly life-changing. But we know that rights only matter if they can be realised. Turning this commitment into something carers can actually access will take time, funding, and serious action, especially around investment in suitable replacement care.

‘We’ll be working closely with the Scottish government and partners to make sure this right isn't just on paper, but becomes a reality that gives carers the rest, recognition, and balance they have needed for far too long.’

The charity Carers Scotland has also welcomed this part of the Bill, as well as provisions for Anne’s Law and a new duty on public bodies to promote and support unpaid carers to access the financial support they’re entitled to:

‘We know that carers are 56% more likely to be in poverty than non-carers, with greater deep poverty and significant food and fuel insecurity.

‘Given that carers save the state at least £15.9bn every year, it is appropriate that all public bodies have a clear role in ensuring they can access all financial support available.’

Fast-tracked care assessments

People living with a terminal illness will be entitled to priority care assessments, and quick reassessment if their needs change, under amended sections of the Bill.

This means the social care system will mirror Social Security Scotland in fast-tracking terminally ill people so they can receive support as soon as possible.

MND Scotland CEO Rachel Maitland said the setting of timescales for assessing the social care needs of people living with a terminal illness will bring much needed consistency across Scotland:

“The average life expectancy of someone living with motor neurone disease is just 18 months. They don’t have time to wait. This recognition that priority care assessments are needed will ensure people facing terminal illness receive the care and support they need without unnecessary delays.”

The timescale for secondary legislation, the regulations needed to deliver the different aspects of the Bill, is expected to be agreed by ministers over the coming weeks.

Another amendment recommended by MND Scotland to make care packages ‘portable’, so a person’s care and support will follow them if they relocate to another local authority area, was also passed.

A return to Feeley for the future

Several of the organisations behind a recent paper criticising the government’s decision to scrap many of the original provisions in the National Care Service Bill have responded to yesterday’s update with reservation.

Both health and care third sector intermediatory the ALLIANCE and the Coalition of Care and Support Providers in Scotland (CCPS), which represents not-for-profit providers, said the Bill will fail to deliver the change the sector needs.

Chief Officer of the ALLIANCE, Sara Redmond said, with many legislative commitments dropped, it is now unclear what social care reforms will be delivered and when:

“While the Bill has some potential to improve human rights and improve health and social care services that people need; overall it is a missed opportunity. Rights to breaks for carers, Anne’s Law, and improving access to independent advocacy are welcome developments.

“However, major elements have been removed from the Bill, meaning it will not bring about the long-overdue and long-term transformational change we had all hoped for.”

Alongside the Bill, an advisory board will be established to drive progress and scrutinise reform, replacing an interim board that met for the first time in May.

Former Minister for Social Care Maree Todd said the government remains “steadfast” in its commitment to deliver the sustainable change to social care people urgently need.

CCPS CEO Rachel Cackett – who is a member of the interim board – said the recommendations for social care transformation made by Derek Feeley in his independent review remain central to her organisation’s priorities for what comes next:

“We are immensely disappointed that what was described as the biggest public sector reform of a generation is now a much more limited Bill…  this legislation falls far short of the aspirations for much needed change we all signed up to in the Feeley review.”

 

Read more: Holyrood passes Care Reform Bill; Lived experience at centre of care advisory group; Government ‘lacks urgency’ on care reforms; Social work leaders welcome new care reform plans; "Watered down" care reforms disappoint sector

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