Children and Young Persons Act 2008

Children and Young Persons Act 2008

2008 CHAPTER 23

Commentary on Sections

Part 2 - Functions in Relation to Children and Young Persons

Care breaks

Section 25: Breaks from caring for disabled children

109. Section 25 amends paragraph 6 of Schedule 2 to the 1989 Act (provision for disabled children) to impose a duty on local authorities to provide, as part of the range of services they provide for families, breaks from caring to assist parents and others who provide care for disabled children to continue to do so, or to do so more effectively. The intention is that breaks should not only be provided to those struggling to care for disabled children but also to those for whom a break from their caring responsibilities will improve the quality of the care they provide. Local authorities must provide such services in accordance with regulations made by the appropriate national authority. The first exercise of the power to make regulations is subject to the affirmative resolution procedure (see paragraph 18 for an explanation of this procedure and sections 104(3A) and (3C) and 104A(3) and (5) of the 1989 Act inserted, respectively, by paragraphs 25 and 26ofSchedule 3 to the Act).