Whole Family Working: Making It Real For Young Carers New Legal Rights for Young Carers

The law before April 2015 Term “Young Carer” was not in prime legislation (Acts of Parliament) Carers Assessments had now lower age (and so included young carers) Young carers had to be undertaking regular and substantial care and request an assessment (which could be problematic) Several bits of guidance but were muddled and difficult to understand

Policy Background National Carers Strategy promotes whole family approaches to assessment Every Child Matters Care Act and Children and Families Act introduced in to Parliament Government recognises need to do more to prevent young carers being left with inappropriate care

Amended Children Act Section 17 Duty to assess on the appearance of need Young Carers must be identified and consideration given to whether they are “Children in Need” Assessment of young carer or person they look after addresses “inappropriate care”

Amended Children Act Section 17 Statutory regulations will require councils to take a whole family approach Proactive identification of young carers in the community (eg in school)

Care Act 2014 Section 17 of Children Act works in conjunction with Care Act and applies to adult assessments (as well as children’s) Young Carers Assessments can be combined with that for the person they look after Young carers must not be left with inappropriate levels of caring

Care Act continued Support to young carers in transition to adulthood Support for Young Adult carers (aged 18 to 24 years) Eligibility criteria for adult social care require consideration of parenting needs

Government Statement of Key Principles Joint Statement from Department of health and Department for Education Good high level summary: Useful to share with partners

Whole Council Approach A whole council approach essential for joined up approach A updated “Memorandum of Understanding” developed providing a nationally produced template for local agreements between Adult and Children’s Services about who does what

Who does What ? The service supporting the “service user” is responsible for initiating a response to the young carer Childrens Services responsible for “sibling young carers” of disabled children Adult Social Care responsible where young carer looks after an adult

Who does What ? Continued Adult Services consult Children’s Services where young carer may be a child in need Referrals to local Young Carers Service or Early Help A Joint protocol should be developed between Adult and Children’s Social Care (A template for a Young Carers Memorandum of Understanding is available for this purpose)