Your right to request a carers' assessment from your local authority

Your local authority MUST respond to a request for an assessment if you are providing ‘regular and substantial care’. [Carers (Recognition and Services) Act 1995]. There is, however, no definition of ‘regular and substantial care’ given and this can be a problem for carers of people with mental illness as they may have fluctuating conditions.

Remember that:

  • Caring for someone living away from home can constitute ‘regular and substantial’ care
  • Caring for less than 20 hours per week can also constitute ‘regular and substantial care’ – the legislation does not stipulate that care
    has to be given for a certain number of
    hours per week.

You can request an assessment even if the person you care for has refused to have an assessment themselves [Carers and Disabled Children Act 2000].

Requesting an assessment in writing

In theory, you should be told about your rights by your local authority [Carers (Equal Opportunities) Act 2004)]. However, in practice, you may need to request this assessment in writing from the social services department of your local authority. Download a draft letter to help you do this (21 kb) [doc]

Further advice...

Some professionals are not aware of carers’ rights to assessments and you may be told that you’re not entitled to one when you are. If this is the case, seek advice from Rethink’s National Advice Service by ‘phoning 020 8974 6814 (open Mon-Fri, 10am-3pm), writing to Rethink Advice, 28 Castle Street, Kingston upon Thames, SURREY KT1 1SS or emailing advice@rethink.org. 

What your carers assessment must cover

This assessment must look at your ability to care and to continue caring. [Carers
(Recognition and Services) Act 1995].

It must also consider whether you work, wish to work, whether you are undertaking or wish to undertake training, education or any leisure activity. [Carers (Equal Opportunities) Act 2004].