In Carers UK’s 50 years of campaigning for greater support for families to help them care for older, disabled or ill relatives, the changes in the Care Act stand out as historic rights.
For the first time, the rights of those providing care for relatives and other loved ones are on the same legal footing as those they care for. Local authorities have a legal duty to put in place support for carers when the impact of their caring role reaches the nationally set eligibility threshold.
The other key change is that carers have a clear right to an assessment of what impact their caring role has on them – for instance, on their family finances, their ability to work and their health and wellbeing (given that they might be sleep-deprived or feeling pushed to breaking point).
Previously, carers have had to show that they are “providing regular and substantial care” before being entitled to a carer’s assessment. These are hugely significant changes for the 5.4 million carers in England.
More broadly, the Care Act crystallises in law important principles about how care and support should be provided. It should be designed around the needs and wishes of the individual and take account of the impact of disability and long-term conditions on the whole family with solutions put in place that support complex caring needs and responsibilities.
