Legal Requirements of a Young Carer's Assessment

1. The Criteria for Assessment

Under section 63 of the Care Act the Local Authority must assess the needs of a young carer who is approaching the age of 18 when:

1. It appears that the young carer has needs for Support; and
2. It appears that the young carer is likely to have needs for Support after becoming 18; and
3. The Local Authority is satisfied that it would be of significant benefit to the young carer to have an assessment.

Definition of a young carer

Under the Care Act a young carer is a person under the age of 18 who is providing care (or intending to provide care) on an informal basis to an adult. Care includes practical and emotional support, as well as personal care.

Where the care is provided as part of paid or voluntary work, the Care Act allows for the Local Authority to apply discretion. The Local Authority should regard the individual as a young carer when it considers that the relationship between the cared for person and the person under 18 providing (or intending to provide) care is such that it would be appropriate to do so.

2. Consent

Unless the young carer is experiencing (or at risk of experiencing) abuse or neglect, the Local Authority can only undertake the assessment if they:

1. Have the mental capacity to (from the age of 16) or are Gillick competent to (under age 16) consent to a young carer's assessment being carried out; and
2. Consent to the young carer's assessment being carried out; or
3. Do not have the mental capacity to (or are not Gillick competent) to consent to a young carers assessment being carried out; but
4. The Local Authority is satisfied that carrying out the young carer's assessment would be in their best interests.

If the young carer is experiencing (or at risk of experiencing) abuse or neglect, the Local Authority must carry out the assessment, nonetheless.

3. Who Must be Involved in the Young Carer's Assessment

The Local Authority, in carrying out a young carer's assessment must involve:

1. The young carer;
2. The young carer's parents;
3. Any person who the young carer asks the Local Authority to involve; and
4. Any person who the young carer's parent asks the Local Authority to involve.

Parents and those with Parental Responsibility

The Care Act requires the local authority to involve the young carer’s parents wherever possible.

The term parent is widely defined and includes;

• A parent with parental responsibility;
• A parent who does not have formal parental responsibility;
• A person who is not a parent of the child (young carer) but has parental responsibility for them.

A mother automatically has parental responsibility for a child from birth. A father usually has parental responsibility if he's either:

1. Married to the child's mother;
2. Listed on the child's birth certificate;
3. Has made a parental responsibility agreement with the child’s mother; or
4. Been granted parental responsibility by an order of the court.

Similar rules apply to a second female parent. Another person can have parental responsibility for a child that they do not live with (for example where parents do not live together), and a person other than the child's parents can apply for parental responsibility through the courts under the Children Act 1989. A local authority will also have parental responsibility if the child is the subject of a care order under s. 31 of the Children Act 1989 (but not if the child is accommodated under s. 20 of that Act).

If there is no parent or person with parental responsibility

If there is no person with parental responsibility available consideration should be given to whether there is another person who could facilitate the young carer’s involvement in the assessment. If not, an independent advocate must be provided.

4. Who can Request a Young Carer's Assessment

The following people can request a young carer's assessment is carried out:

1. The young carer;
2. A parent of the young carer (whether they have parental responsibility or not); and
3. A person with parental responsibility for the young carer (whether they are the young carer's parent or not).

A request for an assessment may also come from someone with a professional involvement with the young carer.

The Local Authority should also be proactive in identifying young carers who may meet the criteria for an assessment. Where the child is looked after by the Local Authority, the need for an assessment should already be known. The Care Act recognises that it is highly likely that young carers who are in receipt of Support from children's services would meet the criteria and transition assessments for these young carers should be carried out as they approach adulthood unless there is a good reason not to.

5. Refusal of a Young Carer's Assessment

Refusal by the Young Carer

Unless the young carer is experiencing (or at risk of experiencing) abuse or neglect, they can refuse the assessment when they:

1. Have the mental capacity to (from age 16) or are Gillick competent to (under age 16) consent to a young carer’s assessment being carried out; and
2. Do not consent to the young carer’s assessment being carried out.

If the young carer is experiencing (or at risk of experiencing) abuse or neglect, the Local Authority must carry out the assessment, nonetheless and to the extent that it can, documenting the steps it has taken to do so.

In cases where a young carer initially refuses an assessment but later changes their mind, the Local Authority must consider the request based on the presenting information at that time.

Refusal by the Local Authority

The Local Authority can only decline to carry out a young carer's assessment on the basis that either:

1. There is no appearance of likely need; or
2. Carrying out the assessment would not be of significant benefit to the young carer at that time.

When the Local Authority has declined to carry out an assessment it must give the young carer (or other person who made the assessment request):

1. Written reasons for its decision;
2. Information and advice about what can be done to prevent and delay the development by the young carer of Support needs in the future.

Where the assessment has been declined because there is no significant benefit to carrying it out at that time the Local Authority should explain its reasons, indicating when (in its view) it would be of benefit to carry out the assessment. In these circumstances, the Local Authority should take responsibility for making the necessary arrangements to carry out the assessment when this time comes.

Where a requested assessment has been declined by the Local Authority, the young carer (or other person making the request) must be advised that a further request can be made in the future should circumstances change. Any further requests made must be considered by the Local Authority on the basis of the available information at that time.

6. What the Assessment Must Include and Consider

Under the Care Act a young carer's assessment must include an assessment of:

1. Whether the young carer is able, and is likely to continue to be able to provide care for the person in question after they have turned 18;
2. Whether the young carer is willing, and is likely to continue to be willing to provide care for the person in question after they have turned 18;
3. The impact of the young carer's needs for Support on their individual Wellbeing now;
4. The anticipated impact of the young carer's needs for Support from the age of 18 on their individual Wellbeing;
5. The outcomes the young carer wishes to achieve in day-to-day life; and
6. Whether, and if so to what extent, the provision of Support could contribute to the achievement of those outcomes.
7. The extent to which the young carer works, wishes to work, or is likely to work or wish to work after the age of 18; and
8. The extent to which the young carer is participating in, wishes to participate in, or is likely to participate in or wish to participate in after the age of 18 education, training and recreation.

The Local Authority must also consider whether, and if so to what extent, matters other than the provision of Support could contribute to the achievement of the outcomes that the young carer wishes to achieve in day-to-day life.

Many young carers feel that they cannot go to university or enter employment because of their caring responsibilities. Transition assessments and planning must consider how to support young carers to prepare for adulthood and how to raise and fulfil their aspirations.

7. After Completing the Young Carer's Assessment

Having carried out a young carer's assessment the Local Authority must give the young carer:

1. An indication as to whether any of the needs for Support identified from the age of 18 are likely to meet the national eligibility criteria (and if so, which ones);
2. Information and advice about what can be done to meet or reduce the needs which it thinks a young carer is likely to have after the age of 18; and
3. Information and advice about what can be done to prevent or delay the development of Support needs by the young carer in the future.

Information should be proportionate and accessible to the young carer and consideration should be given about who is best placed to provide the information (for example a person they know and trust may be best placed rather than someone they have only met recently).

When a young carer is found to lack mental capacity (or is not Gillick competent) the information above must be provided to their parents.

8. What happens when the Young Carer becomes 18

When the young carer becomes an adult the Local Authority must decide whether to treat the young carer's assessment carried out as part of the transition process as an adult carer's assessment as it stands, or whether to carry out a further carer’s assessment under the adult provisions.

When making this decision the Local Authority must have regard to:

1. When the young carer's assessment was carried out; and
2. Whether the carer's needs or circumstances have changed since the time that the young carer's assessment was carried out in a way that might affect the decision on eligibility.

If further assessment is required, children’s services must continue to provide and fund support and services until those assessments have been carried out and the transition process has been completed.

The transition process is completed when either Support services start to be provided under the adult provisions, or when the young carer has been informed in writing of the decision not to provide any adult services.

If a young carer's assessment has not been completed

If a young carer's assessment has not been carried out before the carer turns 18, the Local Authority has no alternative but to complete an adult's carer's assessment.

Children’s services must continue to provide and fund support and services until the adult carers assessment has been carried out and the transition process has been completed.

The transition process is completed when either Support services start to be provided under the adult provisions, or when the young carer has been informed in writing of the decision not to provide any adult services.

The transfer of professional support to Adult Care and Support

Both the Care Act and the Children and Families Act allow for children's services to continue providing support to a carer beyond the age of 18 if this is what will best support them. Children's services and Adult Care and Support must agree how they can work together in this situation and avoid unnecessary funding disputes, minimising any disruption and anxiety for the carer and their family.

Examples of situations when it may be beneficial to the young carer to continue being supported by children's services include:

1. Where the transfer to adult Care and Support is likely to take time;
2. Where the person the young carer supports is having a delayed transition, it may be appropriate for the young carer's transition to also be delayed.
3. Where the carer has needs themselves that children's services are continuing to meet.

As part of the transition process, the young carer and their parent/s must be fully involved in any decision about when and how to transfer their support and services to Adult Care and Support. Any transition plan should set out how this will happen, who is involved and what support will be provided to make sure the transition is as seamless as possible.

Funding of Services post 18

In all cases, children’s services must continue to provide and fund services until an adult carers assessment has been carried out and transition process has been completed.

The transition process is completed when either Support services start to be provided under the adult provisions, or when the young carer has been informed in writing of the decision not to provide any adult services.

Where there are delays in the transition process, children's services and Adult Care and Support must agree how they can work together and avoid unnecessary funding disputes, minimising any disruption and anxiety for the young carer and their family.

Where there is a dispute about funding, the service providing support immediately before the young carer’s 18th birthday should continue to fund on a without prejudice basis until the dispute is resolved. In most cases, this would be children’s services.

Note: If the young carer has needs that are found to be not eligible for Adult Care and Support, any services being provided by children’s services can cease unless Adult Care and Support intends to use its powers to meet ineligible needs, If this is the case, services must continue until Support Planning has taken place and those services have been arranged.