Advocacy for Carers - legislation

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The Children Act 1989 gives Local Authorities the duty to safeguard and promote the welfare of children and is therefore relevant both to young carers and parent carers of children with disabilities and special needs.

The Carers (Recognition and Services) Act 1995 built on previous legislation and gives carers the right to ask for their own assessment. Assessment is the key both to individual choice and provision of appropriate support and is also integral to the development of a systematic collation of carers’ needs to support service planning. It is therefore vital to ensure that carers’ needs are considered and recorded as part of any assessment. However, the right to assessment is qualified by two main factors:

  • The carer must be providing or intending to provide “substantial care on a regular basis”.
  • The person cared for must also have an assessment for community care.

The Carers and Disabled Children Act 2000 gives carers the right to an assessment even when the disabled person refuses an assessment or services. It also gives parents of children with disabilities the right to request an assessment and empowers Local Authorities to provide services.

Having listened to the carers view, the Local Authority must take into account the result of the carer’s assessment when deciding what services to provide to the person who is being cared for.

The Carers (Equal Opportunities) Act 2004 places a duty on local authorities to inform carers of their rights to an assessment and to ensure that work, life-long learning and leisure are considered when a carer has an assessment.

The objectives of the Department of Adult and Community Services are:

  • To raise awareness of carers issues and help to keep them on the agenda of all relevant agencies.
  • To set out key values and principles for services to carers in the form of our local Carers Policy and Strategy.
  • To improve the quality and increase the availability of information to carers.
  • To promote and support the appropriate involvement of carers in:
    • Discussions and decisions around the individual care of the people they care for.
    • Monitoring the quality and standards of care.
    • The development of strategies and services.

Contact Details

By Post

Social Care Help Desk
Wiltshire County Council
Department of Community Services
(Adult Social Care Services)
County Hall
Trowbridge
BA14 8LE

By Email

socialcarehelpdesk@wiltshire.gov.uk

By Telephone

01225 713001

By Fax

01225 713355

Opening Hours

Monday to Thursday 9.00am - 5.00pm
Friday 9.00am - 4.00pm

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