Rights in health and social care

People have particular rights when they are waiting for or receiving health treatment or social support.  

Some are set out in the Patient Rights (Scotland) Act 2011 and Equality Act 2010, while others come from targets that the Scottish Government has set. The Health and Social Care Standards set out what people should expect when using health, social care or social work services in Scotland. 

In general: 

• You should be told about the care and treatment options open to you, and should be encouraged and helped to be involved in decisions about your treatment. 

• You can give feedback, comment on or complain about your treatment. 

• You should be treated with dignity and respect. You should not be treated unfairly because of your age, gender, sexual orientation, disability, race, religion, pregnancy or maternity. 

• You should receive care in an appropriate, safe and clean environment. 

On healthcare specifically: 

• You should not wait more than 18 weeks for treatment after you have been referred for Child and Adolescent Mental Health Services or a psychological therapy. 

• You can request support in using NHS services: for example you might need to be accompanied at appointments or get help with transport. 

• You can refuse treatment, unless you are being treated under the Mental Health Act. 

• Your medical records should be kept secure and you should be allowed to see and, if necessary, correct your medical record, though there may be a charge for this. 

On social care support specifically: 

• You can ask your local authority to carry out an assessment of need if you think you (or someone you know) require help with day to day living or are caring for someone and need help to continue. 

• If your local authority decides you need social support, you should be offered Self Directed Support: where you manage your own care budget.