Carers Rights & Legislation
Rights for Carers
Carers now have some specific rights enshrined in law such as the right to an assessment of their needs; the right to receive direct payments, if appropriate and employment rights.
Carers (Recognition and Services) Act 1995 – is the first piece of legislation which recognises the role of informal carers and provides for the assessment of the ability of carers to provide care.
Carers and Disabled Children Act 2000 – extends carers’ rights to support services (e.g. through Direct payments) giving them the right to an assessment of their needs.
Carers (Equal Opportunities) Act 2004 – extends the obligations in relation to assessment in that Social Services have a duty to inform Carers of their rights and undertake a carers’ assessment taking into consideration whether carers work or wish to and also their education, training or leisure needs.
Right to an assessment
The Carers and Disabled Children Act 2000 states that carers who are aged 16 and over and who provide regular and substantial care for someone aged 18 or over have the right to an assessment of their needs as a carer by the Social Care and Health Department of their local authority.
If there is more than one carer providing regular care in the household both carers are entitled to an assessment.
If carers have parental responsibility for a disabled child (even if they are not the mother or father), they will be assessed as part of a family needs assessment (rights under The Children Act 1989).
The Carers (Equal Opportunities) Act 2004 places a duty on local authorities to ensure that all carers know that they are entitled to an assessment of their needs, and to take into consideration a carer’s outside interests – work, study or leisure – when carrying out an assessment.
The Act also promotes better joint working between councils and the health services to ensure support for carers is delivered in a coherent way.
Right to Direct Payments
Direct payments are cash payments made instead of providing services directly, to someone who has been assessed as needing services. Direct payments can be made to carers aged 17 or over. There are some circumstances where direct payments are not given and your council can tell you about these.
The Carers and Disabled Children Act 2000 extends the right set out in the Community Care (Direct Payments) Act 1996, to include carers, where appropriate.
Vouchers, and direct payments to disabled children and persons with parental responsibility for them are also specified in the same Act, where appropriate.
Employment Rights
The Employment Act 2002 gives working parents of disabled children under 18 the right to request flexible working arrangements. Since April 2007, carers also have a statutory right to ask their employer for flexible working if they are caring for an adult who is a relative or lives at the same address as you. Carers also have the right to take (unpaid) time off work for dependants in cases of emergency.
Returning to work after being a carer may have an impact on any entitlements and benefits received as a carer. The amount of hours worked, how much earned and a carer’s savings will be taken into consideration.
Equality Act 2010. The Equality Act is a new law aimed at stopping discrimination and helping to
encourage equality. If you are looking after someone who is elderly or disabled, the law will protect you against direct discrimination or harrasement because of your caring responsibilities. This is because you are associated with someone who is protected by law because of their age or disability. You are already protected by the law if it happens at work, but the new law will also protect you when:
- shopping for goods
- when you ask for services
- when you get services
- when you use facilies like public transport
The Children Act 1989 - is designed to help keep children safe and well and, if necessary, help a child to live with their family by providing services appropriate to the child's needs.
Young Carers can also come under the remit of this act as ‘children in need’ – if they are ‘unlikely to have, or to have the opportunity to have, a reasonable standard of health or development without services from a local authority.’
Mental Capacity Act 2005 - The Mental Capacity Act 2005 (the Act) for England and Wales aims to support and protect people who may lack capacity to make some decisions. It also aims to maximise their ability to make decisions, or to participate in decision making, as far as they are able to do so. Link to Legal issues that affect carers.
Human Rights Act 1998 - Your human rights are protected by the law. If your employer is a public authority, they must follow the principles of the Human Rights.
Further information on Carers’ rights
dh_085344.pdf
Carers (Recognition and Services) Act 1995
Office of Public Sector Information: www.opsi.gov.uk/acts/acts2000/ukpga_20000016_en_1
Office of Public Sector Information: www.legislation.gov.uk/ukpga/2010/15/notes/contents?type=en
Office of Public Sector Information: www.opsi.gov.uk/acts/acts2004/ukpga_20040031_en_2
Mental Capacity Act
