Carers’ Rights
//
There has been increasing recognition in legislation since 1995 of the key role that carers play in society. Much of the information here is from the Carers UK booklet Looking after someone in England, which they update each year. You can also call Carers UK for a copy on 0207 378 4999 or 0808 808 7777.
Local Authorities (Social Services)
Right to assessment
The Care Act 2014 and Children and Families Act 2014 have given carers legal rights like the people they support. All carers have a right to a Carer’s Assessment.
This follows on from the Carers and Disabled Children Act 2000 that says any carer regularly providing a substantial amount of care is entitled to a Carer’s Assessment.
The assessment is not about the ability to care but a chance to look at the carer’s own needs and the impact caring has on their life. This applies whether or not the person with care needs has received, or agreed to have, their own care needs assessment.
Right to services
Assessments can lead to the provision of services to meet ‘assessed need’. These can be directly provided, or direct payments/personal budgets given to people to make their own arrangements.
A carer’s service can be anything that could help the carer look after the person they support, or for trips, driving lessons, transport costs, training, laundry, gardening, housework help, or for a mobile phone. However, it cannot include intimate care for the cared for, which must come through their own assessment.
Right to be consulted
Assessment of need for community care services for the cared for is also a duty for local authorities and the views of carers should be taken into account in making these decisions. If it is felt to be inappropriate to include the carer, e.g. in situations of conflict, a record should be made of the reasons why.
If the person with care needs refuses an assessment, or services required to relieve the carer, the local authority is still obliged to look for ways to help e.g. by providing services direct to the carer.
If the cared for person is excluded from services because of their behaviour, the implications for the carer should be considered and the local authority has an obligation to work to find a resolution.
To arrange an assessment in Hertfordshire contact:
- Adult Care Services (if caring for an adult with a physical disability) 0300 123 4042.
- Children, Schools and Families (if caring for a disabled child) 0300 123 4043.
- Hertfordshire Partnership University NHS Foundation Trust (HPFT) Single Point of Access (if caring for someone with a mental health problem). 0800 6444 101
There is more information on Hertfordshire County Council’s website.
Employment
Carers should be supported to stay in work, or to return to work where this is what they want to do rather than it be assumed that they will give up work to care.
Apart from employment aspirations, a Carer’s Assessment should also give consideration to the help required to enable the carer to undertake education, leisure or training opportunities if they so wish.
Rights to time off
Anyone who is legally classed as an employee can take time off to help a dependant who needs long-term care. The law is the Carer’s Leave Act 2023. It came into effect on 6 April 2024. Learn about Carers Leave more on the ACAS website.
All employees in England, Scotland and Wales have the right to ask for flexible working arrangements from their first day of employment. Employers must give this due consideration. You can make two applications a year.
Parents, including parent carers with a disabled child under 18 (in receipt of disabled living allowance) who have worked for their employer for a year, have the right to up to four weeks leave a year to care for that child (to a total maximum of 18 weeks).
Any Carer’s Leave taken is likely to be unpaid. More information on employment legislation and time of for dependants can be found on the Gov.uk and ACAS websites.
National Health Service (NHS)
Right to have views taken into account or to be consulted
Government guidelines advise that the needs of carers should be taken into account in planning health services.
Carers should also be consulted when the person they usually look after is being discharged from hospital. This may well include arranging for them to have a Carer’s Assessment. The hospital has a duty to satisfy itself that the discharge is safe, taking into account the circumstances at home, and to ensure that support services are in place, including the additional help that will be needed if a carer is the patient.
Right to have requests considered
The NHS has a duty to cooperate with local authorities in providing health and welfare services. A health authority must now give due consideration to any request from the local authority to provide a specific service for a carer or to assist them in planning carer services.
Finance and Benefits
Rights in care services charging
Social Service departments can charge disabled people for services received. This will be based on their income not that of their carer. However, for married couples where the disabled person has the higher income, liability to maintain a spouse should also be considered.
If a carer lives with someone who goes into residential care, the use of the value of the house towards the costs of care may be restricted.
Rights to benefits
The main state benefits of relevance to carers are:
- Attendance Allowance (AA) – for disabled people over 65.
- Personal Independence Payment (PIP) – for people aged 16 to 64 with a disability or long-term ill health.
- Carer’s Allowance – paid to carers who are looking after someone receiving AA, PIP or Disability Living Allowance (DLA) and are either not working or are earning a low amount and who are not receiving certain other benefits.
If on a low-income, carers may also be entitled to the normal range of means tested benefits e.g. Income Support, Pension Credit, Housing Benefit, and Council Tax Benefit. Find out more about the benefits available to carers on the Gov.uk website.
General Rights
Right to be protected from discrimination (Equality Act 2010)
If you look after someone who is elderly or disabled, the law protects you against direct discrimination or harassment because of your caring responsibilities. This is because you’re counted as being associated with someone who is protected by the law because of their age or disability.
An example might be that you wish to book a local pub for your daughter or brother who has Down’s Syndrome. They cannot refuse to take your booking because you do not fit in with their image.
More information on discrimination legislation can be found on the Citizens Advice website.
Other sources of information
Citizens Advice
England Tel: 0800 144 8848
