Legal Requirements of a Child's Carer's Assessment

1. The Criteria for Assessment

Under section 60 of the Care Act the Local Authority must assess the needs of an adult carer of a child approaching the age of 18 when:

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

Definition of a child's carer

Under the Care Act the definition of a child's carer is any adult (including a parent of the child) who is providing care (or intending to provide care) on an informal basis to a child or young person under the age of 18. 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 child’s carer when it considers that the relationship between the cared for child and the person providing (or intending to provide) care is such that it would be appropriate to do so.

2. Consent

A child's carer's assessment can only be completed if the carer provides consent.

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

The Local Authority, in carrying out the child's carer's assessment must involve:

1. The carer; and
2. Any person who the carer asks the Local Authority to involve.

4. Who can Request a Child's Carer's Assessment

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

1. The carer;
2. Anyone acting on the carer's behalf with their consent.

The Local Authority should also be proactive in identifying carers who may meet the criteria for an assessment. The Care Act recognises that it is highly likely that carers who are in receipt of Support from children's services would meet the criteria and transition assessments for these carers should be offered as the child approaches adulthood unless there is a valid reason not to.

5. Refusal of a Child's Carer's Assessment

Refusal by the Carer

An adult carer is able to refuse an assessment at any time and the Local Authority must not carry out the assessment without their consent.

An adult carer is able to change their mind at any time and request an assessment, and the Local Authority must carry it out so long as:

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

Where the Local Authority declines an assessment request

The Local Authority can only decline to carry out a child's 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 carer at that time.

When the Local Authority has declined to carry out an assessment it must give the carer:

1. Written reasons for its decision; and
2. Information and advice about what can be done to prevent and delay the development by the 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 consider indicating when 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 carer 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.

If at any point the Local Authority becomes aware that the carer's circumstances have changed, and that they may now require an assessment, the Local Authority must offer an assessment.

6. What the Assessment must Include and Consider

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

1. Whether the carer is able, and is likely to continue to be able to provide care for the child in question after they have turned 18;
2. Whether the carer is willing, and is likely to continue to be willing to provide care for the child in question after they have turned 18;
3. The impact of the carer's needs for Support on their individual Wellbeing now;
4. The anticipated impact of the carer's needs for Support on their individual Wellbeing after the child they care for turns 18;
5. The outcomes the 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 carer works, wishes to work, or is likely to work or wish to work after the child they care for turns 18; and
8. The extent to which the carer is participating in, wishes to participate in, or is likely to participate in or wish to participate in education, training and recreation after the child they care for turns 18.

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 carer wishes to achieve in day-to-day life.

7. After Completing the Child's Carer's Assessment

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

1. An indication as to whether any of the needs for Support identified from the time the child being cared for turns 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 carer is likely to have after the child being cared for turns 18; and
3. Information and advice about what can be done to prevent or delay the development of Support needs by the carer in the future.

Information should be proportionate and accessible to the carer.

8. What happens when the Child becomes 18

When the child being cared for by the carer becomes 18 the Local Authority must decide whether to treat the child's 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 child's carer's assessment was carried out; and
2. Whether the carer's needs or circumstances have changed since the time that the child's carer's assessment was carried out in a way that might affect the decision on eligibility.

If a child's carer's assessment has not been completed

If for whatever reason a child's carer's assessment has not been carried out before the child being cared for turns 18 the Local Authority has no alternative but to complete an adult's carer's assessment.

The transfer to Adult Care and Support

The transfer to adult Care and Support for an adult carer is generally easier than the transfer to adult Care and Support for the child they care for. However, despite this the Care Act does not place an obligation on local authorities to transfer a carer's Support to adult Care and Support from the day that the child being cared for turns 18. This allows for some flexibility in cases where:

1. The child being cared for is not transferring to adult Care and Support from the age of 18 and it would be beneficial for the carer to continue being supported by children's services;
2. The carer's own needs mean that the transfer is likely to take some time.

The decision to transfer may well be made in line with the time that the child being cared for transfers.

Provision of Existing Services

When an agreement has been reached about the timeframe for the transfer to adult Care and Support the Local Authority must make sure that the carer does not experience a gap in care. Under both the Care Act and the Children and Families Act any services being provided to the carer before the child they care for turned 18 must continue to be provided until the transition process for the carer has been completed.

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

9. The Power to Meet Needs before the Child becomes 18

Under section 62 of the Care Act the Local Authority's adult Care and Support service can choose to meet the needs of an adult carer before the child they care for turns 18, so long as:

1. A child's carer's assessment has been completed;
2. The Local Authority is satisfied that the carer has needs for Support;
3. The carer is not already in receipt of the proposed services under section 17 of the Children Act 1989; and
4. The services to support the carer are not to be provided to the child (for example respite).

If the Local Authority decides to meet an adult carer's needs before the child turns 18 the carer must be provided with a Personal Budget, a Support Plan and any financial assessment of their available resources.