Right to breaks for unpaid carers - implementation

Overview

The right to breaks provisions in the Care Reform (Scotland) Act 2025 will make changes to the Carers (Scotland) Act 2016 to deliver a right to personalised short breaks support for carers who can’t currently access “sufficient breaks” from caring.

In preparing for implementation this consultation seeks opinions on:

  • The definition of the key term, “sufficient breaks”
  • Types of breaks that should be in scope
  • Timescales for preparing adult carer support plans and young carer statements
  • Transitional arrangements from the current system to the new right to breaks

Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Consultation questions preview

The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.

Question 1: Is this definition clear enough to make decisions about a carer’s eligibility for a break from caring?

If you answered “no”, how could it be made clearer?

Question 2: Does this definition cover the appropriate aspects of the caring role to help make this decision?

If you answered “no”, what aspects of the caring role should the definition cover?

Question 3: Do you agree that it would be helpful to specify some of the types of support or activities which provide a break from caring?

If not, why not?

Question 4: List One: (Carers are more likely to have difficulty accessing this type of break)

  1. Are there any types of breaks you think are missing from this list?
  2. Are there any types of breaks listed which you think should not be included?

Question 5: List Two: (Carers are less likely to have difficulty accessing this type of break)

  1. Are there any types of breaks you think are missing from this list?
  2. Are there any types of breaks listed which you think should not be included?

Question 6: Do you have any concerns that providing a detailed list would have any unintended consequences?

Question 7 Would it be valuable to specify a list of circumstances (as above) that should not be viewed as a break from caring?

Question 8: List of circumstances (as above) that should not be viewed as a break from caring:

  1. Are there any circumstances you think are missing from this list?
  2. Are there any circumstances listed which you think should not be included?

Question 9: Do you agree that the law should specify accelerated timescales only for carers of terminally ill people? 

Question 10: In setting a timescale (i.e. time limit) for preparing an ACSP for other adult carers, would you support:

    • 8 weeks
    • 10 weeks
    • another timescale (please state)

Question 11: Should the timescales (i.e. time limit) for preparing a YCS for other young carers be the same timescales as for ACSPs?

Question 12: Would you support:

  • 8 weeks
  • 10 weeks
  • another timescale (please state)

Question 13: Do you agree with a phased approach for moving carers from the current system into the new system?

Question 14: Under such a phased approach, how long should be allowed for all carers to have their needs reviewed:

  • 2 years
  • 3 years
  • Another period – please specify

Question 15: Do you agree with using an interim definition of “sufficient breaks” as proposed above, to prioritise carers in the greatest need while the new right is bedding in?

Please explain the reasons for your answer.

Question 16: What would be the main benefits and risks of using an interim definition of “sufficient breaks” as proposed?

Question 17: Do you think the timescale for moving from an interim definition of “sufficient breaks” to a broader definition covering more carers should be:

  • set at the outset to provide certainty, e.g. 3 years, or
  • be guided by monitoring and evaluation of take-up, to ensure systems are geared up to support a greater number of carers?

Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

All relevant submitted responses will be analysed. This may be carried out by third party organisations who Scottish Government, its executive agencies or non-ministerial offices, contract to do this work. Such data sharing will be governed by appropriate contractual arrangements to keep your data secure.

An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us.

You can also join our consultation mailing list where we regularly list newly published analysis reports (as well as new consultations).

Why your views matter

To ensure that carers and those that support them have the chance to share their views, we now want to better understand what these proposed options might mean to people in relation to their experience of providing or receiving unpaid care.

Consultation responses will be analysed and considered with input from the right to breaks implementation steering group. Your responses will help the Scottish Government to develop the final regulations and associated guidance which are needed to support effective delivery of these new rights.

Give us your views

Begin consultation

Closes 22 May 2026

Opened 27 Feb 2026

Contact

Carerspolicy@gov.scot

Interests

  • Children and Families
  • Equality, Welfare and Rights
  • Health and Social Care
  • Main hub