Consultation Response to the UK Government
September 2026
- Please indicate whether you are responding as
Children and Young People’s Commissioner Scotland
- Which region are you based in?
Scotland
Chapter 1 – Information on unpaid carers
9. In your view, are there any factors that prevent employees accessing information on the rights that support their caring responsibilities in the workplace?
There are a number of factors which may prevent employees from accessing this information and these should be considered when seeking to improve the situation of unpaid carers and parents of seriously ill children.
The legislative landscape is complex and uses legal terms which can be difficult to understand for many employees. It can be difficult to navigate the system and understand what your entitlements are. Care should be taken that simple guidance is given in easy-to-understand formats.
Where legal interpretation and understanding is complex – employees may need access to appropriate legal advice.
There are specific barriers to accessing information for some groups of people. For example, some people with disabilities may have difficulty obtaining information in formats that are suitable for their needs. Tackling this can involve needing; easy to read formats, larger text or braille formats available, suitability with text readers. Employees may need assistance from advocacy workers to understand these texts.
Some people facing poverty may be experiencing digital exclusion and not have access to resources online.
Some employees may use English as a second language so having information available in a range of languages is important.
There can also be a fear of retaliation if employers find out that such information is being accessed and this can prevent employees seeking this out.
11. Would specific guidance on support for carers in particularly challenging situations help employers and carers in the workplace (e.g. – parents of seriously ill children, those providing end-of-life care)?
• Yes
12. If yes, what challenging situations should this guidance cover?
There should be specific guidance on caring for seriously ill and disabled children and the complexities of responsibilities. This would not only help employees understand their rights but encourage a climate of understanding and support from employers who are fully informed of the best way to offer support and understanding.
Chapter 2 – Employment rights for unpaid carers
14. From your perspective, how effective are existing employment rights at helping unpaid carers balance work and care?
• Quite ineffective
We are concerned with the position of unpaid carers, particularly those of disabled children or children with long-term support needs. We are aware that this is a group who are facing considerable challenges to accessing employment. There are large numbers of unpaid carers trying to balance life between their work and caring responsibilities, often to the detriment of their own health.
Recent research with unpaid carers indicates the scale of the problems they face, the pressures of working in environments which are not flexible, cause stress, exhaustion and ultimately meaning many cannot continue to work.[1] This puts these carers, their families and children at risk of experiencing poverty. There is recent data to suggest that 52% of employers refuse requests from carers of disabled people, including children, to work flexibility.[2] Unpaid carers transition into poverty at a higher rate than adults overall, and exit poverty at a lower rate once there.[3]
We are aware of instances where unpaid carers require to take time off and are penalised for this, with a growing number of situations where they even lose their jobs. This group are far more likely to experience unemployment and be reliant on benefits. Flexible working arrangements are one layer of protection which could help ensure that they can remain in the workplace, as many of them want to do.
We recently responded to the UK Gov consultation on flexible working requests and feel that better protections surrounding these would benefit unpaid carers.
Further protections should be urgently considered – these include the expansion of entitlement to carers leave including paid carers leave.[4]
At present, unpaid carers are only entitled to 5 days of unpaid carers leave a year. This is insufficient to allow most carers to carry out their caring roles and does not allow for sufficient protection in their employment if they need more time off for unforeseen circumstances. Caring responsibilities, especially those involving children can be unpredictable and limiting the number of days available may be insufficient for their child’s needs. Greater flexibility could be built in – for having a minimum number of days set (at a far higher number than 5) but with the ability to request more and not have these unreasonably refused.
There has to be serious consideration given to introducing paid carers leave – unpaid carers are a group at risk of experiencing poverty. This will also mean their children experiencing poverty. Unpaid carers will lose income by taking unpaid leave and of course are also at risk of losing employment if they are not given sufficient protection. Carers UK have called for Government to build on the protections in the Carers Leave Act 2023 and work towards giving unpaid carers the statutory right to 10 days of paid Carer’s Leave a year, accompanied by a longer period of unpaid leave with the added protection of a right to return to work[5]. We would support this call.
A right to return to work could also be beneficial for unpaid carers who require to take further time off work and these provisions should be given consideration alongside the other options. Ultimately, we feel that priority should be given to the introduction of paid carers leave alongside some longer-term protection. The longer-term protection – which would take effect after the paid days were used up could take the form of ‘unpaid leave’ or a right to return to work. Both have their upsides as the ‘unpaid leave’ entitlement could be a set number of days taken over a period of time but not all at once – whereas the right to return to work could be after a continuous period of absence and function more like parental leave – we would like to see a full set of proposals to assess how these measures might operate together.
It should be noted that the responsibility of unpaid caring duties lies disproportionately on women, as such adequately protecting the rights of unpaid carers is also an essential step in eliminating gender inequality, including the gender pay gap.
Unpaid carers create savings for UK Taxpayers at both a Government and Council authority level by taking on caring responsibilities that social care services do not undertake. However, it is important that the social care sector is invested in – there is a severe lack of affordable, appropriate and accessible care available. This is even more so for disabled children – there are a lack of suitable nursery or after school places suitable for disabled children. This often places parents in an impossible situation where there is no other option available to them.
Carer’s leave eligibility
15. In what circumstances should unpaid carers be able to take carer’s leave entitlements? (tick all that apply)
• To provide personal and emotional support
• To provide practical support (for example cleaning, gardening, paying bills)
• To help with official or financial matters
• To provide personal and/or medical care (for example washing, dressing, administering medicine)
• To make arrangements for the provision of care
• To accompany people to appointments
• To allow the carer to rest and recuperate, take up carer support, and/or maintain their health and wellbeing
• Other (please specify)
We are concerned with the situation of unpaid carers for disabled or seriously unwell children – we can see that there are caring responsibilities which could require elements from all of these categories to be applicable.
Extending Carer’s Leave
17. Would extending the existing unpaid carer’s leave entitlement be helpful for carers balancing work and care?
• other
Extending the unpaid carers leave entitlement will only be helpful if it is accompanied by the introduction of paid leave and a right to return to work.
19. In your view, what would be the impact of extending unpaid carer’s leave on employees with caring responsibilities?
The impact on employees of extending entitlement of unpaid leave is limited if it is not accompanied by the introduction of paid leave and right to return requirements.
A right to return
21. Would a longer period away from work with a “right to return” be helpful in supporting carers to balance work and care?
• Very helpful
If this is introduced alongside paid carers leave.
25. In your view, what would be the impact of having access to a “right to return” on employees with caring responsibilities?
As stated above, the right to return to work after an extended period of time could offer an important employment protection for unpaid carers – we see that this would need to sit as a measure alongside a system of paid and unpaid carers leave and perhaps work as an appropriate tool where a carer needs to take an extended period of absence rather than sporadic days.
Paid carer’s leave
27. Would the introduction of a statutory paid carer’s leave entitlement be helpful in supporting carers to balance work and care?
• Very helpful
29. How long would be appropriate and reasonable for a potential paid leave entitlement? (per year, pro-rata depending on working hours)
• Other (please specify)
We are aligned with the call from Carers UK which wants the UK Gov to work towards an entitlement of 2 weeks paid carers leave.
31. From your perspective, what would be the impact of introducing paid carer’s leave on employees with caring responsibilities?
There would be very real positive benefits to extending unpaid carers leave on employees – this could allow them to undertake their caring duties effectively without unnecessary strain. This could help to reduce their stress levels and aid their own health and wellbeing.
Protecting the employment rights of unpaid carers can help prevent them experiencing poverty.
It will of course benefit the children in their care too – that may include the disabled child they care for alongside any other children in the family who can benefit from this arrangement overall.
32. From your perspective, what would be the impact of introducing paid carer’s leave on employers?
While this might impose some financial impact on the employer there are also positive outcomes to introducing paid carers leave which would help to offset this.
The employer would be able to retain trained and experienced staff members. They will also benefit overall from the improvements to the health and wellbeing of the employee who is afforded the time they need to manage their caring responsibilities.
Focus of government interventions
34. In your view, which, if any, of the approaches discussed in Chapters 1 and 2 would best address this focus and why?
As stated, we favour the introduction of paid carers leave – we see that in addition to this – unpaid carers leave and the right to return to work would also be required to operate a flexible system and help the varying care needs of disabled children.
35. From your perspective, which potential approach might best help employers and carers balance work and care?
We think that a range of measures are required as the system needs to involve flexibility.
Chapter 3 – Employment rights for parents of seriously ill children (Hugh’s Law)
37. Would the introduction of a paid leave entitlement for parents of seriously ill children help parents in this situation?
• Very helpful
38. If paid leave for parents of seriously ill children was introduced, how should we define “serious illness”?
Whilst we agree that this should relate to cases of ‘serious illness’ we do feel that care should be taken not to set the bar as to what is included too high or too narrow. This may be something that a doctor needs to assess and provide medical guidance on.
39. If paid leave for parents of seriously ill children was introduced, who should be eligible to use this entitlement?
While the term used here is ‘parents’ we of course think that this entitlement should be available to more than just the legal parents of the child. This should include the stepparents, carers or guardians of that child. Sometimes family set ups can be complex – a child who is in the care system might legally be looked after by their grandparents, other family members or a foster carer but still have contact and a relationship with their parents who would want to be available to a seriously ill child. Children are increasingly part of blended households where ‘traditional’ structures do not exist, and this should be reflected in the provisions.
44. From your perspective, what would be the impact of introducing paid leave for parents of seriously ill children on parents in this situation?
If properly implemented, then the introduction of paid leave for parents of seriously ill children could make a hugely positive impact for the situation of these families. this would improve their financially security – help prevent them from experiencing poverty.
[1] The ‘tipping point’: when unpaid carers can no longer combine work and care | Carers UK
[2] Reasonable Adjustments for Carers | Disability Law Service
[3] What pushes unpaid carers into poverty? | Joseph Rowntree Foundation
[4] Juggling work and unpaid care | Carers UK
[5]carers-uk-briefing-for-organisations-responding-to-the-governments-consultation-on-employment-rights-for-carers-july-2026-final.pdf