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Carers legislation
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Last modified date:20 November 2007
Government has supported three pieces of private members' legislation since 1995, which have given carers new and improved rights.
The Carers (Recognition and Services) Act 1995
This act gave carers important 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 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 1995 Act applies to carers of all ages.
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
The Carers (Equal Opportunities) Act 2004
This act made three main changes to the existing law around carers’ services as follows:
- it placed a duty on councils to inform carers, in certain circumstances, of their right to an assessment of their needs
- it provided that when assessing a carer’s needs, councils must take into account whether the carer works or wishes to work, undertakes or wishes to undertake education, training or leisure activities
- it facilitated co-operation between authorities in relation to the provision of services that are relevant to carers.
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Data on support for carers
The NHS Information Centre provides data on support provided to carers by councils.
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