Your rights as a carer

Sometimes, it can take a while for it to dawn on us that we are unpaid carers, and even longer to accept our unpaid carer roles. As we try to juggle our caring responsibilities with our film and TV careers, we frequently don’t have the time, or energy, to explore our rights. Understanding your legal position as an unpaid carer will help you make more informed decisions about your personal life and career.

Your Legal Rights As An Unpaid Carer

Under the Care Act 2014 and Children and Families Act 2014, if you care for someone, you have a legal right to have your caring needs assessed. You can access this support through a Carer’s Assessment. This is called the Adult Carer’s Support Plan in Scotland and the Carer’s Needs Assessment in Wales.

A carer’s assessment could be the first step to gaining vital support and identifying the help you need as a carer.  

  • The Care Act 2014 recognises the equal importance of supporting carers and the people they care for.

  • The Care Act gives carers the right to receive support from their local authority if they have eligible needs.

  • A carer’s assessment should look at all your needs. This includes the things you would like to be able to do in your daily life. Your needs should be written down in a support plan and could include Take A Break and respite options,

  • If you meet the criteria, you can get a personal budget and direct payments from the local authority to pay for services.

You can get this support through a carer's assessment. Contact your local Adult Social Care Service. If the person you care for lives in another area, contact their local authority. If you are the carer for a child, contact the Children with Disabilities service.

You might be placed with different social care teams. For example, if the person you care for has significant mental health needs, you might be be placed with the mental health team. If you care for someone with dementia, you might be placed with the dementia team.

You can also ask for a referral for a carer’s assessment via the consultants who care for the person you are looking after.

Request a needs assessment for the person you care for at the same time. The same staff member can then assess both of your needs. However, if there is any reason why you would like to be assessed by a different worker, then the care coordinator will be able to arrange this for you. A joint assessment provides a much better overview of your situation.

You’re entitled to a carer’s assessment whether or not the person you care for has had a needs assessment.  

You Don’t Have To Be A Carer

  • There is no legal obligation to become an unpaid carer.

  • You have the right to choose.

  • You must not be coerced or manipulated into becoming an unpaid carer. This is illegal.

  • You might feel morally responsible for the person who needs care, but your willingness to become a carer should not be assumed, by the person who needs care, your family, the NHS or the local authorities.

  • You are entitled to protection from the impact of being an unpaid carer.

  • There may be alternative options:

    • Paid for Care

    • Relatives

    • Neighbours

    • Charitable Organisations

    • The State

Carer’s assessment criteria:

  • You are over 18

  • You provide or intend to provide "substantial care on a regular basis" to another person over the age of 18

  • The local authority thinks that the person you care for could potentially receive help from social services

  • You are not a professional carer or a volunteer from a charity

  • You ask for an assessment