Carers (Equal Opportunities) Act 2004

1 Duty to inform carers of right to assessment

(1) In section 1 of the Carers (Recognition and Services) Act 1995 (c. 12) (assessment of ability of carers to provide care), after subsection (2A) there is inserted—

“(2B) In any case where—

(a) a local authority are carrying out an assessment mentioned in paragraph (a) of either subsection (1) or subsection (2) above in relation to the relevant person or (as the case may be) a disabled child, and

(b) it appears to the local authority that an individual may be entitled to request (but has not requested) an assessment under the subsection in question of his ability to provide and to continue to provide care for the relevant person or the disabled child,

the local authority must inform the individual that he may be so entitled before they make their decision as to the needs of the relevant person or the disabled child.”

(2) After section 6 of the Carers and Disabled Children Act 2000 (c. 16) there is inserted—

“6A Duty to inform carers of right to assessment

(1) Subsection (2) applies if it appears to a local authority that it would be required to carry out a carer’s assessment on being asked to do so by—

(a) the carer, or

(b) a person with parental responsibility for a disabled child (“the responsible person”).

(2) The local authority must inform the carer or, as appropriate, the responsible person that he may be entitled to a carer’s assessment (but this is subject to subsections (3) and (4)).

(3) Subsection (2) does not apply in relation to the carer if the local authority has previously—

(a) carried out a carer’s assessment for him in relation to the person cared for,

(b) informed him that he may be entitled to a carer’s assessment in relation to the person cared for, or

(c) carried out an assessment of him under section 4(3) of the Community Care (Delayed Discharges etc.) Act 2003 in relation to the person cared for.

(4) Subsection (2) does not apply in relation to the responsible person if the local authority has previously carried out a carer’s assessment for him in relation to the disabled child or informed him that he may be entitled to a carer’s assessment in relation to the disabled child.

(5) In this section “carer’s assessment” means—

(a) in the case of the carer, an assessment under section 1 of his ability to provide and to continue to provide care for the person cared for,

(b) in the case of the responsible person, an assessment under section 6 of his ability to provide and to continue to provide care for the disabled child.”