2.1 Summarise legislation and policy which relates to carers

This guide will help you answer 2.1 Summarise legislation and policy which relates to carers.

Carers play a critical role in supporting individuals with health conditions or disabilities, including those with brain injuries. Laws and national policies in the UK protect carer rights and guide how services support them. Knowing the key legislation and policy helps workers offer accurate advice to families and ensures the right support is in place.

This guide covers the main laws and policies relevant to carers, with examples of how they shape practice.

The Care Act 2014 (England)

The Care Act 2014 is the main piece of legislation for adult social care in England. It introduced new rights and clear duties for local authorities and other organisations supporting carers.

Key points:

• Carers are recognised in law as having the same rights to assessment and support as the people they care for.
• Every carer has a right to a free carer’s assessment, even if the person being cared for does not receive care from the council.
• Local authorities must assess both the carer’s needs (“carer’s assessment”) and the cared-for person’s needs (“needs assessment”).
• If the assessment shows unmet needs, the council must provide support for the carer, which could include breaks from caring, help with housework, or information and advice.
• Support is based on the wellbeing of the carer, including physical and mental health, work, and relationships.

The Children and Families Act 2014

This Act extends protections to young carers (children under 18 who care for a family member).

Key points:

• Local authorities must identify young carers and offer assessments to support their needs.
• Schools are required to consider the needs of young carers in education and provide extra support if needed.
• The aim is to prevent inappropriate or excessive caring responsibilities falling on children.

The Equality Act 2010

The Equality Act 2010 stops discrimination against carers.

• “Associative discrimination” means carers are protected from being treated unfairly at work, school, or in services because of their caring role.
• Employers must not treat carers less favourably due to their relationship with a disabled person.

Carers (Recognition and Services) Act 1995

This law was the first to give carers a legal right to be assessed for support.

• It says that carers must be considered when a disabled person’s care needs are assessed.
• Though mostly replaced by the Care Act, some features apply in certain situations or regions.

Carers and Disabled Children Act 2000 and Carers (Equal Opportunities) Act 2004

These laws further increased rights for carers:

• Carers could get support for themselves, not only through support given to the person they care for.
• The council must consider a carer’s wish to work, study, or take part in leisure when planning support.

The Social Services and Well-being (Wales) Act 2014

This Act is like the Care Act but applies in Wales.

• Carers have a legal right to a needs assessment, tailored support, and information about their rights.
• Wellbeing, choice, and independence are key goals.

Carers (Scotland) Act 2016

In Scotland, this law sets out carers’ rights:

• Every carer can get an “Adult Carer Support Plan” (adults) or “Young Carer Statement” (children).
• Local authorities must plan carer services, provide information, and involve carers in shaping how support is delivered.

Carers and Direct Payments Act (Northern Ireland) 2002

Carers in Northern Ireland can get an assessment and direct payments (money for carers to arrange their own support).

Policy Guidance and National Strategies

England: Carers Action Plan 2018–2020

This national strategy focuses on identifying carers and improving health, employment and advice services for them.

NHS Commitment to Carers

NHS policy recognises that identifying carers early helps prevent crisis. Hospitals, GPs and health professionals are expected to ask about carer needs and signpost to support.

Young Carers’ Policy

There are extra policies for young carers in all UK nations, aiming to:

• Identify young carers in schools and health settings
• Provide advice and specialist support
• Prevent excessive caring responsibilities

How Legislation and Policy Inform Practice

In care work, these laws and policies shape daily practice:

• Workers must be aware that carers have a legal right to assessment and tailored support.
• Services should listen to carers’ views, offer breaks, and provide advice.
• Carers should not be expected to provide complex care without training or choice.
• Carers and the people they support have equal rights to respect, dignity and inclusion.

Policies guide organisations to:

• Recognise and value carers as partners in care
• Act to prevent carers reaching crisis by offering early support
• Ensure carers have access to financial, emotional and practical help

Final Thoughts

Legislation and policy give carers clear rights and set standards for care services. They allow carers to ask for help without fear of judgement, discrimination or being overlooked. Workers should be confident in explaining these rights and know how to signpost carers to assessments and support. Protecting carers improves outcomes for everyone—making law and policy knowledge a key part of good care practice.