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Updated - Adult Carer Support Plans and Young Carer Statements 2019/2020 and 2020/2021

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Carers Trust Scotland

Dear Shetland Islands Council,

Cross Party Group on Carers requests the following recorded information under the terms of the Freedom of Information (Scotland) Act 2002.

The Carers (Scotland) Act 2016 provides a duty on local authorities to prepare an Adult Carer Support Plan (ACSP) (Section 6) or young carer statement (YCS) (Section 12) for anyone they identify as a carer, or for any carer who requests one.

Carers (Scotland) Act 2016 Statutory Guidance directly states in relation to ACSP:

“Where a person self-identifies as a carer they may request an adult carer support plan (ACSP). If they appear to meet the definition of carer, the responsible local authority must prepare an ACSP.

When carers are identified by practitioners, whether in the community or acute
settings, they must be offered an ACSP. If they accept the offer the responsible
local authority must prepare an ACSP.”

Carers (Scotland) Act 2016 Statutory Guidance also directly states in relation to YCS:

“Where a young person self-identifies as a carer they may request a young carer statement (YCS). If they appear to meet the definition of a young carer, the responsible authority must prepare a YCS.

When a young carer is identified by practitioners, whether in the community or acute settings, they must be offered a YCS. If they accept the offer the responsible authority must prepare a YCS.”

However, at the start of the COVID-19 pandemic the Coronavirus Act 2020 (temporary legislation) was introduced, which allowed local authorities to ease some assessment duties. Section 16 of the Act allowed for temporary relaxation of local authorities duties in relation to preparation of adult carer support plans/young carer statements under the Carers (Scotland) Act 2016.

Please indicate the following:
A. Exact number of ACSPs that have been completed in financial year 2019/2020.
B. Exact number of ACSPs that have been completed in financial year 2020/2021.
C. Exact number of carers with completed ACSPs in financial year 2019/2020 that met local eligibility criteria for support.
D. Exact number of carers with completed ACSPs in financial year 2020/2021 that met local eligibility criteria for support.
E. Average timescales from request to completion of ACSPs in financial year 2019/2020.
F. Average timescales from request to completion of ACSPs in financial year 2020/2021.
G. Confirm whether there was a waiting list for ACSPs in financial year 2019/2020 and what the average waiting time was.
H. Confirm whether there was a waiting list for ACSPs in financial year 2020/2021 and what the average waiting time was.
I. Confirm which service/s are responsible for undertaking ACSPs.
J. Exact number of YCSs that have been completed in financial year 2019/2020.
K. Exact number of YCSs that have been completed in financial year 2020/2021.
L. Exact number of young carers with completed YCSs in financial year 2019/2020 that met local eligibility criteria for support.
M. Exact number of young carers with completed YCSs in financial year 2020/2021 that met local eligibility criteria for support.
N. Average timescales from request to completion of YCSs in financial year 2019/2020.
O. Average timescales from request to completion of YCSs in financial year 2020/2021.
P. Confirm whether there was a waiting list for a YCS in financial year 2019/2020 and what was the average waiting time.
Q. Confirm whether there was a waiting list for a YCS in financial year 2020/2021 and what was the average waiting time.
R. Confirm which service/s is responsible for undertaking a YCS.

Paul Traynor, Carers Trust Scotland, Secretariat on behalf of the Cross Party Group on Carers

Cross Party Group on Carers Co-Convenors: Mark Griffin MSP and Tom Arthur MSP

Shetland Islands Council

2 Attachments

Dear Paul Traynor,

I refer to your request (original dated 18th May 2021 and updated 20th May), in which you asked for the information detailed in your email below.

I can advise you that the Council is able to respond to your request in part, in that information in relation to your questions A,B,E,F, I-M, P-R is recorded information held by the Council, as attached.

I have to advise, in terms of Section 17 of the FOISA, your questions G,H, N, O are not recorded information held by the Council.

I must also advise you that questions C and D are information which the Council has contained within across a number of individual’s files on the system and having considered the time that it would take for staff to locate and provide the information you have requested, it is considered that this would be over the statutory threshold of £600. Given the current workload of those staff, it would be impractical for the Council to spend time in providing you with the level of detail you have asked for, and to do so would not be the best use of the Council’s resources.

In this regard the Council is refusing to provide you with this information in terms of Section 12 of the FOISA in terms of the excessive cost of compliance.

Where the number is less than 10 it is felt that to give any more detailed information would potentially identify individuals. Due to the small numbers involved, this information has not been provided in detail, and has been classed by the Council as being exempt from public disclosure under Sections 36 (Confidentiality) and 39 (Personal Information) of the Freedom of Information (Scotland) Act 2002. The Council is of the view that to release this detailed information to the public could give rise to the identification of individuals, which would place the Council in breach of its obligations under the Data Protection Act 2018, and could lead to legal proceedings against the Council.

I trust that this response meets your request. However, if you are dissatisfied with the way in which the Council has dealt with your request for information then you may ask the authority to review its actions and decisions in relation to your request, by submitting a formal appeal. The process for lodging appeals is set out in the attached leaflet.

Kind regards,

Pam Shead
Business Support Officer
Community Health & Social Care

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We don't know whether the most recent response to this request contains information or not – if you are Carers Trust Scotland please sign in and let everyone know.