Adult Social Care Glossary, v 0.6

(6) “Young carer” means a person under 18 who provides or intends to provide care for an adult (but see subsection (7)).

(7) A person is not a young carer for the purposes of this section if the person provides or intends to provide care—
(a) under or by virtue of a contract, or
(b) as voluntary work.

(8) But in a case where the local authority considers that the relationship between the adult and the person under 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded as a young carer, that person is to be regarded as such (and subsection (7) is therefore to be ignored in that case).

(9) The references to providing care include a reference to providing practical or emotional support.

(1) A local authority must assess whether a young carer within their area has needs for support and, if so, what those needs are, if—
(a) it appears to the authority that the young carer may have needs for support, or
(b) the authority receive a request from the young carer or a parent of the young carer to assess the young carer's needs for support.

(2) An assessment under subsection (1) is referred to in this Part as a “young carer's needs assessment”.

(3) In this Part “young carer” means a person under 18 who provides or intends to provide care for another person (but this is qualified by section 17ZB(3)).

(4) Subsection (1) does not apply in relation to a young carer if the local authority have previously carried out a care-related assessment of the young carer in relation to the same person cared for.

(5) But subsection (1) does apply (and so a young carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the young carer or the person cared for have changed since the last care-related assessment.

(6) “Care-related assessment” means—
(a) a young carer's needs assessment;
(b) an assessment under any of the following—
(i) section 1 of the Carers (Recognition and Services) Act 1995;
(ii) section 1 of the Carers and Disabled Children Act 2000;
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv) Part 1 of the Care Act 2014.

(7) A young carer's needs assessment must include an assessment of whether it is appropriate for the young carer to provide, or continue to provide, care for the person in question, in the light of the young carer's needs for support, other needs and wishes.

(8) A local authority, in carrying out a young carer's needs assessment, must have regard to—
(a) the extent to which the young carer is participating in or wishes to participate in education, training or recreation, and
(b) the extent to which the young carer works or wishes to work.

(9) A local authority, in carrying out a young carer's needs assessment, must involve—
(a) the young carer,
(b) the young carer's parents, and
(c) any person who the young carer or a parent of the young carer requests the authority to involve.

(10) A local authority that have carried out a young carer's needs assessment must give a written record of the assessment to—
(a) the young carer,
(b) the young carer's parents, and
(c) any person to whom the young carer or a parent of the young carer requests the authority to give a copy.

(11) Where the person cared for is under 18, the written record must state whether the local authority consider him or her to be a child in need.

(12) A local authority must take reasonable steps to identify the extent to which there are young carers within their area who have needs for support.

(3) If it appears to a local authority carrying out an assessment that a child is involved in providing care to any individual, the local authority must--
(a) consider the impact of the needs of the individual concerned on the child's well-being, welfare, education and development; and
(b) identify whether any of the tasks which the child is performing for the individual are inappropriate for the child to perform having regard to all the circumstances.

General requirements
2.—(1) A local authority must carry out a young carer’s needs assessment in a manner which is appropriate and proportionate to the needs and circumstances of the young carer to whom it relates.

(2) In carrying out the assessment, the local authority must, in particular, have regard to—

(a) the young carer’s age, understanding and family circumstances;
(b) the wishes, feelings and preferences of the young carer;
(c) any differences of opinion between the young carer, the young carer’s parents and the person cared for, with respect to the care which the young carer provides (or intends to provide); and
(d) the outcomes the young carer seeks from the assessment.

(3) The local authority must provide the persons listed in paragraph (4) with such information about the manner and form of the assessment as the local authority consider necessary to enable the persons to participate effectively in the assessment.

(4) The persons referred to in paragraph (3) are—

(a) the young carer;
(b) the person cared for;
(c) the young carer’s parents; and
(d) any other person whom the young carer or a parent of the young carer requests should participate in the assessment.

(5) The local authority must, so far as reasonably practicable, provide the information prior to the assessment, and in a format which is accessible to the young carer.

The young carer’s needs assessment
4.—(1) This regulation applies where a local authority is carrying out a young carer’s needs assessment.

(2) The local authority must determine—

(a) the amount, nature and type of care which the young carer provides (or intends to provide);
(b) the extent to which this care is (or will be) relied upon by the family, including the wider family, to maintain the well-being of the person cared for;
(c) whether the care which the young carer provides (or intends to provide) impacts on the young carer’s well-being, education and development;
(d) whether any of the tasks which the young carer is performing (or intends to perform) when providing care are excessive or inappropriate for the young carer to perform having regard to all the circumstances, and in particular the carer’s age, sex, wishes and feelings;
(e) whether any of the young carer’s needs for support could be prevented by providing services to—
(i) the person cared for, or
(ii) another member of the young carer’s family;
(f) what the young carer’s needs for support would be likely to be if the carer were relieved of part or all of the tasks the young carer performs (or intends to perform) when providing care;
(g) whether any other assessment of the needs for support of the young carer or the person cared for has been carried out;
(h) whether the young carer is a child in need;
(i) any actions to be taken as a result of the assessment; and
(j) the arrangements for a future review.

(3) The local authority must consider the impact of the needs of the young carer’s family on the well-being of the young carer and any child in that family and, in particular, on their education and personal and emotional development.

(4) The local authority must take into account any assessment of the kind described at paragraph (1)(g) which has been carried out.

(5) The local authority must consider whether to combine a young carer’s needs assessment with any other assessment of the needs for support of the young carer, the person cared for, or a member of the young carer’s family.

(6) A local authority must identify the young carer’s friends and family, and consider how those persons can contribute to meeting the outcomes which the young carer seeks from the assessment.

(7) In this regulation, “well-being” has the same meaning as in Part 1 of the Care Act 2014(1).

6.69 When carrying out an adult's or carer's assessment, if it appears that a child is involved in providing care the local authority must consider:
- the impact of the person's needs on the young carer's wellbeing, welfare, education and development
- whether any of the caring responsibilities the young carer is undertaking are inappropriate

6.70 An assessment should take into account the parenting responsibilities of the person as well as the impact of the adult's needs for care and support on the young carer.

6.71 Local authorities must also consider whether any of the caring tasks the child is undertaking are inappropriate. They should consider how supporting the adult with needs for care and support can prevent the young carer from undertaking excessive or inappropriate care and support responsibilities. A young carer becomes vulnerable when their caring role risks impacting upon their emotional or physical wellbeing or their prospects in education and life. This might include:
- preventing the young carer from accessing education, for example because the adult's needs for care and support result in the young carer's regular absence from school or impacts upon their learning
- preventing the young carer from building relationships and friendships
- impacting upon any other aspect of the young carer's wellbeing

6.72 Inappropriate caring responsibilities should be considered as anything which is likely to have an impact on the child's health, wellbeing or education, or which can be considered unsuitable in light of the child's circumstances and may include:
- personal care such as bathing and toileting
- carrying out strenuous physical tasks such as lifting
- administering medication
- maintaining the family budget
- emotional support to the adult

6.73 When a local authority is determining whether the tasks a child carries out are inappropriate, it should also take into account the child's own view wherever appropriate.

A young person aged 18 or under who looks after, or helps look after, a family member or friend who has an illness, disability or drug or alcohol problem. They may be responsible for cooking, cleaning, shopping, personal care or emotional support.

How do local authorities identify young carers?
Is there any practical/procedural difference between a young carer's assessment under S.63 Care Act 2014 and a young carer's needs assessment under S.17ZA Children Act 1989?
Regardless of the assessment route, is meeting young carers' needs the responsibility of ASC or CSC?