Meeting of the Parliament 04 February 2016
The definition of young carer that is presently on the face of the bill aligns with the named person service provisions as set out in the Children and Young People (Scotland) Act 2014. Ms Grant’s amendment would extend the definition of young carer beyond the age of 18 and in some cases to the age of 22, 23 or older, depending on when their course ends, which would take the young carer well into adulthood.
Extending the definition of young carer in the Carers (Scotland) Bill will create a misalignment with other legislation. For example the Children and Young People (Scotland) Act 2014 makes no statutory provision for the continuation of the child’s plan after the age of 18.
Having spoken with Ms Grant, I understand that her amendment is motivated by a shared aspiration. I recognise the need to manage effectively the transition between young carer statements and adult care support plans. That is why there is a safeguarding provision in section 16. It provides that, where a young carer statement is in place, it will continue after the age of 18 until an adult carer support plan is provided. That provision provides young carers with the knowledge that their support will continue in advance of any adult carer support plan being put in place.
I want to ensure that the transition from young carer to adult carer and, accordingly, from a young carer statement to an adult carer support plan, is not unduly delayed, with a negative impact on the young carer. Therefore I envisage using the regulation-making powers in section 14 to set a trigger for a review of the young carer statement in the period approaching the young carer’s 18th birthday, but also, crucially, to take account of the need not to cause duress to the young carer. Where, for instance, a young carer is in the middle of their school examination period, it is important that they face no disruption as a consequence of the review.
I am committed to ensuring that regulations reflect that. I expect the review also to include consideration of the young carer’s ability and willingness to sustain the caring role as they move into further or higher education. My ambition is that we support carers to achieve their full potential, just as we aspire to do that for all Scotland’s young people. That being the case, and given that amendment 21 would result in inconsistent arrangements with other legislation, I respectfully ask Ms Grant to withdraw amendment 21.