Supporting young and young adult carers under the Social Services and Well-being (Wales) Act 2014 A training resource

Young and young adult carers in Wales

My Caring Role [Note: Double click on the black box to access the video.]

This training… Briefly touches on the big changes in the Act, but does so specifically through the lens of young and young adult carers. A broader resource on the Act is available on the Hub. The presentation includes videos of young and young adult carers in Wales discussing their experiences.

Young and young adult carers According to the Act, a carer is “a person who provides or intends to provide care for an adult or disabled child”. The Code of Practice for Part 3 defines young adult carers as being aged 16-25. The Welsh Government defines young carers are being carers who are under the age of 18. Definition of a carer is in the Social Services and Well-being (Wales) Act: http://www.legislation.gov.uk/anaw/2014/4/pdfs/anaw_20140004_en.pdf Young carer and young adult carer definitions are in the Code of Practice for Part 3: http://gov.wales/docs/dhss/publications/151218part3en.pdf

Young and young adult carers According to the 2011 census there are 29,155 carers under the age of 25 in Wales. Wales has the highest proportion of carers under the age of 18 in the UK. It’s likely that the actual number of young people in Wales caring is significantly higher, perhaps as much as four times higher. ONS Census Data: https://www.nomisweb.co.uk/census/2011/LC3304EW/view/2092957700?rows=c_age&cols=c_carer Number of young people caring likely to be four times higher: http://www.bbc.co.uk/news/education-11757907

Young and young adult carers Being a young or young adult carer can place a significant strain on children and young people. The difference in attainment between carers and non-carers in exams is around nine lower grades (ie. the difference between achieving nine Cs and nine Ds). Young adult carers are more likely to be not in education, employment or training. Source for young adult carer statistics is Carers Trust Wales’ Time to be Heard Report: https://www.carers.org/sites/default/files/time_to_be_heard_report_final.pdf

Young and young adult carers Young adult carers are four times more likely to drop out of college or university. Young carers are more likely to have poor health than those without caring responsibilities. Impact of caring on young carers: http://webarchive.nationalarchives.gov.uk/20160105160709/http://www.ons.gov.uk/ons/guide-method/census/2011/carers-week/index.html

The Act

The Act The Social Services and Well-being (Wales) Act 2014 brings in new rights and duties for carers. This includes a new definition of a carer and a duty on local authorities to support carers.

New Definition “A person who provides or intends to provide care for an adult or disabled child.” This definition is from the Social Services and Well-being (Wales) Act: http://www.legislation.gov.uk/anaw/2014/4/pdfs/anaw_20140004_en.pdf

Part 2: General Functions

A Typical Day [Note: Double click on the black box to access the video.]

Well-being The Act requires any person exercising functions under the Act to ‘seek to promote well-being’ of: People who need care and support; and Carers who need support Code of Practice for Part 2, Page 7 http://gov.wales/docs/dhss/publications/151218part2en.pdf

‘When exercising functions under the Act in relation to children who need care and support and child carers who need support… any persons exercising functions under the Act must have due regard to Part 1 of the United Nations Convention on the Rights of the Child (UNCRC).’ Page 19, Code of Practice for Part 2 http://gov.wales/docs/dhss/publications/151218part2en.pdf

Population assessments Local authorities and local health boards must jointly assess: ‘The extent to which there are carers in the area of assessment who need support’ and ‘The extent to which there are people whose needs for care and support… are not being met’ This must include young and young adult carers. Page 25, Code of Practice for Part 2 http://gov.wales/docs/dhss/publications/151218part2en.pdf

Population assessments Engagement must take place with people, including children, who have experience of using care and support services. Page 27, Code of Practice for Part 2 http://gov.wales/docs/dhss/publications/151218part2en.pdf

Population assessments ‘Local authorities and local health boards may wish to consider specific activities to engage children with care and support needs or who act as carers.’ Page 27, Code of Practice for Part 2 http://gov.wales/docs/dhss/publications/151218part2en.pdf

Information, Advice and Assistance The local authority must ensure that information and advice is accessible in a variety of formats including easy read and material especially for children and young people and others in need of additional support. Page 68, Code of Practice for Part 2 http://gov.wales/docs/dhss/publications/151218part2en.pdf

Information, Advice and Assistance Local authorities must not charge for assistance provided to children. Page 70, Code of Practice for Part 2 http://gov.wales/docs/dhss/publications/151218part2en.pdf

Assessment

Missing Out [Note: Double click on the black box to access the video.]

Assessing young and young adult carers ‘The assessment must include: An assessment of the extent to which the carer is able and willing to provide the care and to continue to provide the care The outcomes the carer wishes to achieve both in terms of themselves If a child is the carer, the outcomes the person(s) with parental responsibility for that child wish(es) to achieve for them’ Page 7, Code of practice for Part 3 http://gov.wales/docs/dhss/publications/151218part3en.pdf

Assessing young and young adult carers ‘If the carer is a child, the assessment must have regard to his or her developmental needs and the extent to which it is appropriate for the child to provide the care.’ Page 7, Code of Practice for Part 3 http://gov.wales/docs/dhss/publications/151218part3en.pdf

Assessing young and young adult carers ‘A timely response to a child’s needs is vital; completion of a comprehensive assessment within 42 working days of referral (a requirement set out [in the Code of Practice] under the additional considerations for children) should not take precedence over an analysis of what is happening in the child’s life and what immediate action is needed, however difficult or complex the child’s circumstances.’ Page 7, Code of Practice for Part 3 http://gov.wales/docs/dhss/publications/151218part3en.pdf

Assessing young and young adult carers In assessing, must have regard ‘to the importance of promoting the upbringing of the child by the child’s family, in so far as doing so is consistent with promoting the well-being of the child.’ Page 7, Code of Practice for Part 3 http://gov.wales/docs/dhss/publications/151218part3en.pdf

Assessing young and young adult carers A parent is able to refuse a carer’s assessment on behalf of their child However, this refusal is overridden: Where the local authority is satisfied that the parent lacks capacity to decide Where the local authority is satisfied that the child can make an informed decision and disagrees with the parent’s view Where the local authority suspects the child is experiencing or is at risk of experiencing abuse, neglect or other kinds of harm Page 23, Code of Practice for Part 3 http://gov.wales/docs/dhss/publications/151218part3en.pdf

Assessing young and young adult carers The local authority is not obliged to carry out an assessment if a 16 or 17-year-old carer refuses an assessment. However, this refusal must be overridden if: ‘Where the child is experiencing or is at risk of abuse, neglect or other kinds of harm’ Page 22, Code of Practice for Part 3 http://gov.wales/docs/dhss/publications/151218part3en.pdf

Combined assessments If a local authority considers it beneficial to do so, they may combine a young or young adult carers’ needs assessment with the needs assessment of the person with care needs. However, the local authority may only do so if valid consent is given. Page 10, Code of Practice for Part 3 http://gov.wales/docs/dhss/publications/151218part3en.pdf

Education ‘When assessing a young adult carer who is aged between 16 and 25 the assessment must include an assessment of any current or future transitions the carer is likely to make into further or higher education, employment or training.’ Page 7, Code of Practice for Part 3 http://gov.wales/docs/dhss/publications/151218part3en.pdf

Examples of need A local authority is required to offer a carer’s assessment to any carer with a presenting need. Annex A of the Code of Practice includes a range of examples that relate to young carers including: ‘The child is unlikely to achieve development goals The individual is/will be unable to access and engage in work, training, education, volunteering or recreational activities’ Page 25, Code of Practice for Part 3 http://gov.wales/docs/dhss/publications/151218part3en.pdf

Meeting Need

Understanding us [Note: Double click on the black box to access the video.]

Automatic requirement to meet needs Young carers, as is the case with all children under the age of 18, are included in the automatic requirement to meet needs of children. ‘A local authority must meet the needs of children which the local authority considers it is necessary to meet in order to protect the child from abuse or neglect or a risk of abuse or neglect or in order to protect the child from other harm or risk of such harm. This is an overriding duty on a local authority irrespective of any application of, or outcome from, the determination of eligibility.’ Page 9, Code of Practice for Part 4 http://gov.wales/docs/phhs/publications/160106pt4en.pdf

Care and support ‘To promote the well-being of the child a local authority must take steps, which are reasonably practicable, to enable the child to live with his/ her family.’ Page 6, Code of Practice for Part 4 http://gov.wales/docs/phhs/publications/160106pt4en.pdf

Eligibility ‘The eligibility criteria must not be used as a tool to require individuals to demonstrate they have exhausted every other possible avenue of support before becoming eligible for local authority assistance.’ Page 8, Code of Practice for Part 4 http://gov.wales/docs/phhs/publications/160106pt4en.pdf

Eligibility ‘Local authorities must ensure that the ability of the carer to provide care is sustainable and that they comply with their general duty to promote the well-being of the carer and the person cared for.’ Page 8, Code of Practice for Part 4 http://gov.wales/docs/phhs/publications/160106pt4en.pdf

Eligibility ‘The local authority must identify all presenting needs in the assessment, including those needs which would be deemed as eligible if the carer or the child’s family was not meeting needs. This is so that the local authority is able to respond appropriately and quickly where the carer or the child’s family becomes unable or unwilling to meet some or all of the identified care and support needs.’ Page 9, Code of Practice for Part 4 http://gov.wales/docs/phhs/publications/160106pt4en.pdf

Eligibility ‘Where the carer is a child the local authority must have regard to his or her developmental needs and the extent to which it is appropriate for the child to provide the care. This should lead to consideration by the local authority of whether a child carer is actually a child with care and support needs in his or her own right.’ Page 10, Code of Practice for Part 4 http://gov.wales/docs/phhs/publications/160106pt4en.pdf

Care and support plans Care and support plans for young and young adult carers must use appropriate language so that young and young adult carers are able to fully participate in the planning process. Page 18, Code of Practice for Part 4 http://gov.wales/docs/phhs/publications/160106pt4en.pdf

Review of support plans All support plans for carers must have a review date. In the case of a child, the date of review must not exceed six months. Page 17, Code of Practice for Part 4 http://gov.wales/docs/phhs/publications/160106pt4en.pdf

Advocacy

Advocacy Advocacy is a thread that runs throughout the Social Services and Well-being (Wales) Act. When exercising particular functions under the Act, including carrying out assessments and meeting needs, the local authority ‘must consider individuals’ needs for advocacy support’. Page 14, Code of Practice for Part 10 http://gov.wales/docs/dhss/publications/151218part10en.pdf

Advocacy ‘It is a principle of the Act that a local authority respond in a person-centred, co-productive way to each individual’s particular circumstances. Individuals and their families must be able to participate fully in the process of determining and meeting their well-being outcomes through a process that is accessible to them.’ Page 7, Code of Practice for Part 10 http://gov.wales/docs/dhss/publications/151218part10en.pdf

Young and young adult carers in Wales

Supporting young and young adult carers The breadth of the Act brings in great changes for all carers including young and young adult carers. It’s important that the role of and unique challenges faced by young and young adult carers are recognised in population assessments, and that assessments recognise the unique position of young and young adult carers.

Supporting young and young adult carers There are a number of local young and young adult carer support services across Wales, these can provide an invaluable resource for understanding and developing support for young and young adult carers. The well-being of young and young adult carers includes their access to education, employment and training, and working closely with schools can help identify young carers and improve their well-being.