Legal Update: In a Nutshell - Entitlements of young carers

What is a young carer?
A young carer is a child or young person under the age of 18 who provides regular and ongoing care and emotional support to a family member who suffers from physical or mental illness, disability or substance misuse. While most children provide some level of help around the home, the term carer applies to young people with a greater level of responsibility, or whose caring responsibilities are important and relied upon within the family.

How many young carers are there in England?
According to May 2013 census data, there are 166,363 young carers in England, and in its study, Hidden From View: The Experiences of Young Carers in England, the Children’s Society estimates that these numbers are even higher. Young carers face particular vulnerabilities, and their responsibilities have direct consequences for their educational outcomes. At GCSE level young carers have been shown to have significantly lower educational attainment than their peers, and 16- to 19-year-old carers are less likely to be in education, employment or training than their peers.

What are the local authority’s responsibilities?
When young carers’ responsibilities become excessive, inappropriate or risk having a harmful impact on their lives, it may be necessary for local authorities to intervene and provide support to the family. A young carer may fall within the definition of a “child in need” under Section 17 of the Children Act 1989. This will be the case where the carer is unlikely to achieve or maintain a reasonable standard of health or development without the provision of services from a local authority. If a young carer is at risk of suffering harm, including emotional harm or neglect, a local authority will have a duty under s.47 of the Children Act 1989 to make enquiries to establish what action, if any, is needed to promote and safeguard the welfare of the child.

Also, under the Carers (Recognition and Services) Act 1995, where a child is providing a substantial amount of care on a regular basis for a parent, the child is entitled to an assessment of his or her ability to provide care. The local authority must consider this assessment when determining the forms of support and services to provide to the parent. It is important to make sure that young carers are aware that they have a right to request this assessment.

Can young carers receive direct payments and other financial support?
Under the Carers and Disabled Children Act 2000, local authorities have the power to provide certain services directly to carers who have undergone an assessment. For example, it extends direct payments to carers to enable them to buy services which will facilitate their role as carer, such as paying for taxi fares, mobile phones, counselling, and training courses.

Young carers over the age of 16 may be eligible for a caring allowance of £59.75 a week if they spend at least 35 hours a week looking after someone with substantial caring needs.


Legal Update is produced in association with experts at Coram Children’s Legal Centre www.childrenslegalcentre.com

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