Carers

Under The Care Act 2014, carers have the right to an assessment of their support needs. The local authority has a duty to carry out this kind of assessment if it appears that a carer may have needs for support (either currently or in the future). This is true regardless of the type or amount of care they provide, their financial means, their level of need and whether or not the person they care for is themselves receiving local authority support.

A parent who is caring for a disabled child, and younger carers who are under the age of 18 have a right to an assessment under different legislation. If you are in this situation, please contact us to discuss the best route to finding support.

  • The assessment will focus one the carer’s ability to provide, and continue to provide care. It should identify the carer’s needs and how these affect their wellbeing and the outcomes that they wish to achieve in their day to day life.

    A carer can request an assessment by contacting the local authority social services department. If the carer may have substantial difficulties in being involved in the assessment and communicating their needs and there is nobody appropriate to represent them, the local authority must arrange for an independent advocate.

    The assessment should take into account:

    • whether the carer works, or wants to work

    • whether the carer is in or wants to be in education/training

    • any specific difficulties the carer has identified

    • the carer’s relationship with the person being cared for

    • the day to day tasks the carer performs

    • any additional support provided by friends/family etc

    • the carer’s emotional, mental and physical health

    • the carer’s willingness/ability to continue to provide care

    • the carer’s other responsibilities eg childcare commitments

    Following the assessment, the local authority must decide whether the carer’s needs are ‘eligible’.

  • A carer’s support needs will be eligible if:

    • they arise as a result of providing necessary care; and

    • the carer’s physical or mental health is, or is at risk of, getting worse; or

    • the carer is unable to achieve at least one of the ‘specified outcomes’ because of their support needs; and

    • as a result, there is, or is likely to be, a significant impact on the carer’s ‘wellbeing’.

  • The ‘specified outcomes’ are:-

    • being able to carry out any childcare responsibilities

    • being able to take care of any other adults

    • managing and maintaining proper nutrition, for example being able to prepare meals and go food shopping

    • keeping the home clean, habitable and safe

    • being able to develop and maintain family or other personal relationships

    • accessing and taking part in work, training, education or volunteering

    • using community services and facilities, for example using public transport to get to the shops, place of worship or community centre

    • taking part in recreational activities

    A carer will be considered to be unable to achieve an outcome if they need help to achieve it or, if they could achieve it on their own, doing so would cause them pain, distress or anxiety or would endanger their (or someone else’s) health or safety.

  • The Care Act 2014 relates ‘wellbeing’ to the following areas:-

    • personal dignity

    • physical and mental health and emotional wellbeing

    • protection from abuse and neglect

    • control over day to day life (including over care and support and the way in which it is provided)

    • participation in work, education, training or recreation

    • social and economic wellbeing

    • domestic, family and personal relationships

    • suitability of living accommodation

    • the carer’s contribution to society

  • If the local authority decides that the carer’s needs are eligible, then they should agree a support plan which sets out how those needs will be met. This may include things such as:

    • help with transport costs

    • help with housework

    • respite care for the person being cared for

    If the local authority decide that a carer’s needs are not eligible, it is best to request their reasons and a copy of the assessment in writing. If the carer disagrees with the decision, or is dissatisfied with the way the assessment was carried out they should seek advice as it may be possible to challenge the local authority.

  • Under The Care Act 2014, the local authority can only provide support to carers with NRPF if their needs do not arise only from destitution or its effects. This is known as the ‘destitution-plus’ test.

    In addition, some migrants are specifically excluded for accessing local authority support under Schedule 3 of the Nationality, Immigration and Asylum Act 2002. However, the local authority cannot apply this exclusion if the individual’s human rights would be breached by their failure to provide support.

    Therefore, although carer’s with NRPF can be entitled to support from social services, the process can be difficult to navigate. If you would like further advice please contact us .