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CARERS RIGHTS
 

The government increasingly recognises the vital role played by carers and has published several pieces of recent legislation and guidance to support them

The Carers & Disabled Children Act 2000…

- gives people who are providing or intending to provide regular and substantial* care the right to an assessment of their own needs by Social Services. The carer must only be aged over 16 and be providing or intending to provide care for someone aged over 18.

- a right for a carer to request an assessment of their needs even when the person for whom they are caring refuses to accept an assessment or services in their own right .

- local authorities can provide direct payment (i.e. cash instead of care) to parent carers, to carers for their own services and to young disabled people aged 16 or 17.

- the ability for local authorities to charge carers for their own service.

- provision of "vouchers" to some carers for breaks from caring.

*Herefordshire Council's definition of regular and substantial is that the service user's daily living situation would be 'at risk' if the carer did not provide the care that they do.

To see the Act in full

National Service Framework for Mental Health (NSF)
Standard Six- Caring for Carers

The NSF was published by the government in 1998 and is the blueprint for the development of mental health services over the next ten years. It recognises carers by devoting standard six (out of seven) to their needs and is summarised as follows:

All individuals who provide regular and substantial care for a person on Care Programme Approach (i.e. anyone being seen by specialist mental health services) should:

- have an assessment of their caring, physical and mental health needs, repeated on at least an annual basis

- have their own written care plan, which is given to them and implemented in discussion with them.


More on NSF


The Mental Health Act 1983


The "nearest relative" has a number of rights under the Act which enable him/her to
- require an approved social worker to assess someone who might need to be admitted to hospital
- ask for your relative to be admitted to hospital compulsorily
- prevent a compulsory admission taking place
- express his/her point of view when the patinets detention under the Act is reviewed by the Mental Health Act tribunal or hospital managers.

More on rights of nearest relative

More information for carers