A Brief History of the Legislation that Effects and Supports Carers
Since 1986 Government Legislation has begun to recognise the needs of carers and several acts have been passed that build upon carers rights.
This page provides you with an overview of relevant legislation that supports carers. More detailed version of the acts can be found on the following websites:
Department of Health
www.dh.gov.uk
Social Care Institute for Execellence (SCIE) www.scie.org.uk/publications/practiceguides/carersguidance/index.asp
Disabled Persons (Services, Consultation & Representation) Act 1986
Section 8 require that during an assessment of a disabled person the ability of carers who 'provide a substantial amount of care on a regular basis' should be taken into account.
Carers (Recognition and Services) Act 1995
This act gave carers new rights and a clear legal status. Under the act, individuals who provide or intend to provide a substantial amount of care on a regular basis are entitled to request (at the time the person they care for is being assessed for or receiving care from community care services), an assessment of their ability to care and to continue caring.
Local Authorities are required to take into account the results of that assessment in making decisions about the type and level of community care services to be provided to the person receiving care. The assessment under the 1995 Act is of the carer's ability to provide care and of his or her ability to sustain the care that he or she has been providing.
The Act applies to both adult and young carers regardless of the age of the person whom they provide care.
The Carers and Disabled Children Act 2000
This Act applies to carers over 16 and made the following principal changes to the law:
- it gave local councils mandatory duties to support carers by providing services to carers directly
- it gave carers the right to an assessment independent of the person they care for
- it empowered local authorities to make direct payments to carers
- it enabled councils to support flexibility in provision of short breaks through the short break voucher scheme
Carers (Equal Opportunities) Act 2004
The Carers (Equal Opportunities) Act 2004 came into force in England on the
1st April 2005 and in Wales on 18th April.
The Act gives carers new rights to information.
- Section 1 of the Act places a duty on local authorities to inform carers of their right to a Carer's Assessment. Ensures that work, life-long learning and leisure are considered when a carer is assessed.
- Section 2 means that when a Carer's Assessment is being completed it must take into account whether the carer works or wishes to work, any courses the carer is taking or wishes to take, and any other leisure activities the carer undertakes or wishes to undertake. Gives local authorities new powers to gain the help of housing, health, education and other local authorities in providing support to carers.
- Section 3 states that if the local authority requests another authority to plan services, that authority must give that request due consideration.
Work and Families Act 2006
This Act, which came into force in April 2007, makes provision for improved maternity and adoption leave for women. It also extends the right to request flexible working for carers.
Current government legislation affecting children is listed along with explanatory notes on each of the Acts
Acts include:
- Special Educational Needs and Disability Act 2001
- The Children Act 1989
- Convention on the Rights of the Child
The increased recognition of carers is present in other service specific legislation such as: Standard 6 of The National Service Framework for Mental Health and the Mental Capacity Act 2005.
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