Carers Rights

Carers Rights

• There is no legal obligation to be a carer
• Carers have the right to choose if they want to be an unpaid carer or not.
• Coercion or manipulation to care is illegal.
• People may feel a moral obligation to be a carer, however, willingness and ability should not be assumed.
• Carers are entitled to protection from the impact of the caring role.

Carers Statutory Rights:

• The Health and Care Act 2022 mandates that NHS trusts must involve unpaid carers in discharge planning as soon as possible when a patient requires post-discharge care. This means that NHS bodies and local authorities should ensure that, where appropriate, unpaid carers and family members are involved in discharge decisions.
  
• The Care Act 2014 identifies different wellbeing principles and recognises that a carer’s wellbeing is to be protected equally to those they care for.
  
• The Care Act 2014 states that local councils have a duty to protect carers. These duties include:

• • Assess carers when they come to their attention.
  • Provide carers with support to meet their needs, according to national eligibility criteria
  • Provide information and advice, to promote wellbeing and, where possible, to prevent people needing support.
  • Carer’s Assessment – under Section 10 of the Care Act 2014 the local authority has a duty to undertake an appropriate and proportionate assessment for individual need.
  • Carer's Leave Act 2023, gives unpaid carers the right to request flexible working and unpaid carers can request 1 week of unpaid leave.
  • Under the Equality Act 2010, being a carer is not a protected characteristic. But carers are protected by association with someone who has a disability, long-term condition etc. This is for the provision of goods and services.
  • The Children and Families Act 2014, and the Care Act 2014, both significantly strengthened young carers' rights. Local authorities have a duty to offer all young carers an assessment of need — no matter how old they are, who they look after, how many hours they provide support for, and why they care.
  • Section 97 of the Children & Families Act 2014 amends the Children Act 1989 to require local authorities to assess parent carers on the appearance of need or where an assessment is requested by the parent.

We would like to thank the funders of this project, The Department of Health and Social Care.