Published: 23 July 2004
Assent for Carers
The Carers (Equal Opportunities) Act has received its Royal Assent today and the government claims that the Act will ensure that carers are able to take up opportunities, which those without caring responsibilities take for granted.
The Act is intended to:
- Ensure that all carers know that they are entitled to an assessment of their needs;
- Place a duty on councils to consider a carers outside interests (work, study or leisure) when carrying out an assessment; and
- Promote better joint working between councils and the health service to ensure support for carers is delivered in a coherent manner.
Health Minister Stephen Ladyman, said:
"Support for carers must revolve around ensuring they are able to make choices as individuals.
The Carers (Equal Opportunities) Act will provide a firm foundation for better practice by councils and the health service.
The Act provides councils with the appropriate levers to promote better joint working and cooperation. This will mean less duplication of work by social services and more focus on the needs of individual carers.
Most importantly, we believe it will deliver real and concrete changes for carers by placing a duty on councils to inform carers of their existing rights and extend those rights to consider the carers wish to combine normal everyday activities like work and hobbies with caring.
Carers are vital to our communities. They enable people to stay in their own homes and remain independent while enjoying a decent quality of life.
But the key to enabling carers to undertake this role is support that ensures that they can also make choices as individuals allowing them to care full time or combine normal everyday activities with caring."
The Act began as Private Members Bill introduced by Dr Hywel Francis MP and the Government is grateful to Dr Francis and Carers UK for their help in passing this legislation.
Further information
(Equal Opportunities) Act 2004: Act will appear here in due course
Latest version of Bill (scroll down alphabetical list) Bill will disappear in due course
DH Carers website
Main Clauses
Clause 1 (Duty to inform carers of right to an assessment)
Introduces new provisions into the Carers (Recognition and Services) Act 1995 and the Carers and Disabled Children Act 2000 that are intended to ensure that carers are made aware of their right to an assessment.
Assessments are often the first step to support and services for carers. Knowing about the assessment process is key to ensuring that carers are getting information in a more consistent way and at an appropriate time.
In addition, despite the wealth of best practice information and guidance some carers remain unaware of their rights.
Clause 2 (Assessment of carers)
This expands assessments under the 1995 and 2000 Acts by requiring councils to consider the carers wishes to work, undertake any education, training or leisure activities.
Carers will have the opportunity to discuss alternative care services and highlight the importance of equality of opportunity for all aspects of life.
Councils should then take into account the outcome of such holistic assessments when providing services.
Clause 3 (Co-operation between authorities)
Makes provision for consideration of carers in the planning process, as well as providing a specific duty to consider assistance in relation to individual carers.
It is intended to promote joint working by requiring bodies, including councils and the NHS, to give due consideration to requests for help from a local authority in relation to planning and the provision of services that might assist individual carers to care and to continue to care.
Related Articles
Carers (Equal Opportunities) Bill
05/04/2004 - Source Correspondent
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