There are various pieces of legislation which are directly relevant to informal (ie unpaid) carers rights in the community care context and it gives the right to a carer to have a ‘Carer’s Assessment’ where they are providing ‘regular and substantial’ care. The Carer’s Assessment should consider the future sustainability of the carer’s role and should also take in to account the carer’s employment, education and leisure needs.
The duty upon a local authority to carry out a carer’s assessment arises only when a carer requests such an assessment. This is in contrast to a community care assessment for a disabled person, where a duty to assess is triggered by the appearance of need, and does not require an assessment to be requested. The right to a carer’s assessment applies to carers of both adults and children and it is vital tool in ensuring that the needs of both the disabled person and their carers are recognised.
At Sinclairslaw, we have considerable experience of carers’ rights and we are happy to help you obtain the support you need in your role as a carer.