Carers' Rights
People who are caring for a family member or friend have a legal right to an assessment if they are undertaking regular and substantial care.
Legislation
Pieces of legislation that apply specifically to Carers looking after someone eligible for Social Services are:
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The Carers (Recognition and Services) Act 1995
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The Carers and Disabled Children Act 2000
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Carers Equal Opportunities Act 2004
These Acts give carers the right to have their need for support, information and advice assessed and responded to.
The Carers (Recognition and Services) Act 1995
Wherever a carer provides, or intends to provide, support to someone eligible for Social Services help, they are entitled to a carers assessment under the Carers (Recognition and Services) Act 1995.
The carers assessment is not an assessment of how well the cared person is being looked after, but it is an opportunity for the carer to say how they feel about the tasks that they undertake and what they need to help them with their situation.
During the assessment process you will be asked about:
- Types of care you give
- How it has affected your life
- What help, support, and services you would find helpful
The result of the assessment might be:
- Information
- Advice
- A change in the care plan of the service user
- Services provided to the carer
This allows the Care Manager to give you information and (after discussion with the person you care for) make adjustments to the care being received. These changes are intended to help you cope more easily with the day to day demands of caring for someone. Charges may be made for some services provided to service users.
The Carers and Disabled Children Act 2000
This Act allows carers to receive services if the person being cared for is entitled to Social Services help. Services under this Act are provided directly to the carer to help make caring more manageable. This Act is also concerned with services for parent carers managing their children’s care.
This Act entitles a carer to an assessment of services which might help you continue to carry out care, even if the person who you look after will not accept services. These services might include extra help at home, or equipment that would help reduce the day to day stresses and strain on a carer. Services to carers may be provided by Direct Payments if this is more comnvenient to the carer.
Carers (Equal Opportunities) Act 2004
This Act gives carers the right to:
- Be informed about their entitlement to a carers assessment.
- Have their work, leisure and training needs assessed.
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