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Carers Equal Opportunities Act 2004 and Carers Assessments

The Carers (Equal Opportunities Act came into force on the 1st April 2005. The Act is a result of a Private Members Bill which was taken through Parliament by Dr Hywel Francis MP for Aberavan. Dr Francis introduced his Private Members Bill in January 2004, the bill quickly received strong cross party support with co-sponsors. The main element of the ACT which concern work, leisure opportunities and life long learning are contained in clause 2 of the Act. However other elements of the Act are important to provide carers with the best possible support

Clause 1 of the ACT means that Local Authorities will now have a legal duty to inform Carers of their right to a separate assessment of their needs - A Carers Assessment . For parent carers of children with disabilities, this may be undertaken as part of a Children's Act Assessment.

Clause 2 amends earlier carer' legislation by ensuring when a Carers Assessment is being completed it must take into account if the Carer works or wishes to work. This means that during the assessment it is vitally important that you inform your Care Manager or Social Worker if you work or intend to work. You will also need to think about possible problems that may arise from juggling work and caring., and the possible help you may need to enable you to work or continue to working. When having a Carers Assessment you should also tell the Care Manager or Social Worker if you are currently involved in any courses or further education or wishing to do so. You may also be involved or wish to take up a leisure activity. The Carers (Equal Opportunities) Act now demands that all this needs to be taken into consideration when having a Carers Assessment. Even if you have had a Carers Assessment some time ago you are entitled to request an assessment at any time.

Clause 3 states that if the Local Authority requests another authority to plan or provide services for carers, that authority must give the request due consideration. The Local Authority can request any relevant authority to provide a range of services and support to an individual carer. It can also request cooperation in ensuring that issues for carers are addressed in planning processes. This will be of particular significance for joint planning between the Local Authorities, Primary Care Trusts and other local Health Trusts.

Carers Assessments

Under the Carers (Recognition & Services) Act 1995 ALL carers have a right to an assessment of their needs i.e. their ability to provide care, at the time of the assessment of the person they care for. The Carers & Disabled Children's Act 2000 extended this provision to give the right to all carers over the age of 16 caring for an adult the right to a separate assessment in their own right.

The act is to support carers and maintain your health and well being. The 2000 act also gave councils the power to supply certain services direct to carers following an assessment of need. Carers who are, or intend to provide substantial and regular care for someone should ask their local Social Care Team for a Carers Assessment. The words substantial and regular care are not clearly defined in the act, however if your caring role has an significant impact in your life you may be eligible for a Carers Assessment. You do not have to be living with the person you care for to receive an assessment.

You may also ask for an assessment if you are going to provide substantial and regular care in the near future, for example when someone is about to be discharged from hospital who will need care once they are home.

The assessment is sometime carried out in the presence of the person you care for. However sometimes it is difficult for certain issues to be discussed in this way. If you feel that there are issues which need to be discussed away from the person you care for. You should ask the Care Manager or Social Worker to carry out the assessment in private, either at your home or a mutually convenient time and location where you can have a private discussion. In many instances the most effective way for an Carers Assessment to take place is when the person you are caring for has their assessment. However one of the key aspects of The Carers & Disabled Children's Act is that if the person you care for refuses an assessment you may still have a Carers Assessment.

The Carers Assessment discussion between you and the Care Manager or Social Worker should be carried out face to face and will take a hour or so of your time.

The Carers Assessment may take into account the carers needs when decisions are made about the type of services which will best meet the needs of the person who is cared for. For example if the person who is cared for has to have help from the carer to get in and out of the bath, The Carers Assessment may highlight the need for bath aids as the carer has a back problem. The assessment should also take into account if you work or study full or part time. Just because you care it does not necessarily mean you have to give these up. The Carers Equal Opportunities Act which came into force on the 1st of April 2005 gives Carers a number of further rights which are outlined above. The assessment may also highlight the need for the carer to take a short term break (respite). The Social Worker or Care Manager may then look at the provision of additional services to provide those breaks.

A short term break can be provided in a number of ways. Short Term Breaks can be arranged via the Care Manager or Social Worker. Breaks may also be arranged via Carer Break Vouchers or Direct Payments For Carers.

You may have been caring for sometime, and your caring situation has changed or is becoming more difficult either physically or emotionally. In these cases it is worth remembering you may ask for a re-assessment.

Last updated September 2007