What rights do I have?

Right of assessment
Consumer rights
Right to complain
Right of advocacy
Right to appoint an attorney
Human rights
Protection from harm

 

 

 

Right of assessment

You have a right to an Assessment of your Care Needs from your local Social Work Department.  

If you are an unpaid carer, you have a right to a separate Carers Assessment.

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Consumer rights

When you buy services, the law gives you certain rights as a consumer.  It is important for you to know your rights and be confident about enforcing them. 

You are entitled to expect that a service will be:

• carried out with reasonable care and skill
• finished by the date you have agreed with the person providing the service
• provided at the cost you have agreed beforehand

 

Find out more about your consumer rights on the following websites:

Adviceguide Scotland provides information on a range of welfare and consumer rights information. Includes subjects such as benefits, tax, health, housing and civil rights.

Consumer Focus Scotland is a statutory organisation campaigning for a fair deal for consumers in Scotland, England and Wales.

Consumer Direct provides advice on energy and postal issues

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Right to complain

If you are unsatisfied with the level of service you receive from a care service provider, you have the right to complain.  For more details, see our Complaints section.

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Right of advocacy

You have the right to have an advocate present who can support you in situations where you need to make your wishes heard, for example, during an Assessment of your Care Needs or a complaints hearing. 

For more information on advocacy please see Advocacy Information and Support.

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Right to appoint an attorney

You have the right to appoint a welfare or financial attorney to make decisions on your behalf. 

For more information, contact the Office of the Public Guardian.

Their website includes a sample Power of Attorney and other useful information.

The Office of the Public Guardian, Hadrian House, Callendar Business Park, Callendar Road, Falkirk FK1 1XR.  Telephone 01324 678300

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Human rights

The Human Rights Act, which came into effect in October 2000, enshrined the European Convention on Human Rights into UK law. 

All of the human rights protected by the European Convention apply to and may be
relevant for older people.  Among these are:

• the right to life
• the right not to be treated in an inhuman or degrading way
• the right to respect for private and family life, home and correspondence

 

To find out more, see the website of the Scottish Human Rights Commission. 

The British Institute of Human Rights produce the following guide:

Your Human Rights - a Guide for Older People (PDF)   

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Protection from harm

You have the right to protection from harm. 

Harm may be defined as "a single or repeated act or lack of appropriate action which causes harm or distress".

Older people are among the least likely to report instances of harm.  Many people do not fully realise what constitutes harm and how they can access help and support.  Both older men and women can be at risk of being harmed.

Harm may include

• Physical harm
• Psychological harm
• Financial harm
• Sexual harm
• Neglect

 

Harm can occur in anywhere, for example:

• someone's own home
• a carer's home
• a day care centre
• a care home
• a hospital

 

The person causing harm may be a stranger or may be known to the person being harmed. They may be

• a partner, child or relative
• a friend or neighbour
• a paid or volunteer care worker
• a health or social worker or other professional
• a person they are a carer for

 

If you are being harmed or suspect that an older person you know is being harmed, it is very important to talk through your concerns with someone who is trained to listen and can offer you emotional support and appropriate information. 

Please see our page on the Adult Support and Protection Act.

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