Carers provide invaluable support to family members, friends or loved ones. Although the work is unpaid, the Government has introduced legislation that gives carers specific rights to make sure they are supported in their role. Below is a brief look at the rights carers have, with links to the relevant legislation for more information.
The right to a carer’s assessment
Under the Care Act 2014, all carers have the right to request a carer’s assessment. In Sefton, this assessment will be completed by Sefton Council. You do not need to be living with the person you care for to request an assessment.
A carer’s assessment looks at the needs of the carer, including what impact caring has on their daily life and what support might help them in their role. The assessment is completely free and available to anyone who provides unpaid care.
If the assessment finds that the carer has eligible needs, a support plan will be put in place. This plan will look at what support the carer needs in the role and may include:
- Respite care, allowing carers to take breaks from their role.
- Help with household tasks.
- Information and advice services.
- Emotional support or counselling.
The right to financial support
As a carer, you may be able to receive financial support. This is usually in the form of Carers Allowance but may include other means tested benefits such as Pension Credit. For more information, visit the Financial Information for Carers page.
Young carers rights
The Children Act 1989 and Children and Families Act 2014 work together to protect young people. Young carers (under the age of 18) face specific challenges balancing their education, social life, and caring responsibilities. Under these Acts, young carers have a right to an assessment that looks at the impact caring has on their life and whether its appropriate for the young person to remain a carer.
Sefton Council works closely with schools to actively identify young carers and provide support to protect their wellbeing.
Parent carers rights
Councils, including Sefton Council, must assess parent carers of disabled children under 18 under the Children and Families Act 2014. This assessment is similar to the Carer’s Assessment but looks specifically at the challenges faced by parents caring for their own children. Many parents find it difficult to separate the role of a parent and of a carer – the assessment will help people to do this and put in place appropriate support for the parent and their child.
Rights at work
If you are in work and look after someone who could not manage without your help, you have employment rights to support you. The Employment Rights Act 1996 gives carers the right to request flexible working arrangements. Carers who have been employed for 26 weeks can make a formal request to adjust their working hours, work remotely, or reduce their hours.
The Carers Leave Act 2023 gives all unpaid carers the right to (up to) a week of unpaid leave per year to help with their caring responsibilities. This can be taken flexibly and is available to all carers from day one of their employment.
Protection from discrimination
The Equality Act 2010 protects carers from discrimination in the workplace and in accessing services. Under the Act, carers are considered to be ‘associated’ with disabled or elderly individuals, which means they can’t be treated unfairly because of their caring responsibilities.
For example:
- A carer can’t be denied a promotion or employment opportunity because of their responsibilities.
- A pub can’t refuse entry because the person with the carer is disabled.
- A shop assistant verbally abusing a parent carer because of their child’s mental health condition may be discriminating against both people.