Explanatory Notes

Care Act 2014

2014 CHAPTER 23

14 May 2014

Commentary on Sections

Part 1 – Care and Support

Transition for children to adult care and support, etc.

Section 60 – Assessments of a child’s carer’s needs for support

369.This section requires a local authority to assess a child’s carer’s needs for support (as provided for by this Part), when it appears to the local authority that the carer is likely to have needs support after the child turns 18 and it is satisfied that there is significant benefit to the carer in carrying out the assessment.

370.A “child’s carer” is any adult providing care to a child, regardless of whether they are the parent of that child.

371.Child’s carers also have a right to an assessment under section 6 of the Carers and Disabled Children Act 2000, and support would normally be provided under the Children Act 1989, as part of a whole-family approach. However, there may be certain services available only through adult care and support.

372.If a child’s carer refuses an assessment, the local authority is not required to do anything further – although the child’s carer has the right to change their mind later.

373.The purpose of the assessment would be to consider what needs for support the child’s carer may have at the child’s 18th birthday, to support planning for transition to adult care and support. The local authority will therefore assess the child’s carer’s needs by reference to the adult care and support arrangements, and this power is not intended to be used to assess needs for children’s services.