Module 2
The Rights of Unpaid Carers
The Care Act 2014 introduced legal rights for Carers. Regulations under the Care Act set out that an ‘assessment of need’ must be offered to all adults who undertake an informal/unpaid caring role to ensure that the needs of the whole family are considered.
Previously, Carers didn't have a legal right to receive support, although local authorities could provide support at their discretion. This meant that the ability to have an assessment and access a range of support varied depending on where you lived
This means more Carers are now able to have an assessment. In Cumbria, local Carer Support Organisations, will assess whether the Carer has needs and what those needs may be on behalf of the local authority. This assessment will consider the impact of caring on the Carer.
It will also consider the things a Carer wants to achieve in their own day-to-day life as well as other important issues, such as whether the Carer:
• Is able or willing to carry on caring
• Is employed or wants to work or study
• Or would like to do more socially
The Care Act does not deal with the assessment of people under the age of 18 who care for others. However, Young Carers can be supported under the law relating to children. The Children and Families Act gives Young Carers (and Parent Carers) similar rights to assessment as other Carers have under the Care Act
Carers Also Have Other Rights
Right to request flexible working
The Work and Families Act extends the right to request flexible working hours to unpaid Carers of adult partners or relatives, or an adult living at the same address. Employers have to consider this request but is not obligated to accept it.
Right to unpaid leave
Right to not be discriminated against
Right to be consulted on hospital discharges
Right to request a free flu jab
Right to request to be identified as a Carer on GP records