Adult Social Care Glossary, v 0.6

63 Assessment of a young carer's needs for support

(1) Where it appears to a local authority that a young carer is likely to have needs for support after becoming 18, the authority must, if it is satisfied that it would be of significant benefit to the young carer to do so and if the consent condition is met, assess—
(a) whether the young carer has needs for support and, if so, what those needs are, and
(b) whether the young carer is likely to have needs for support after becoming 18 and, if so, what those needs are likely to be.

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

(3) The consent condition is met if—
(a) the young carer has capacity or is competent to consent to a young carer's assessment being carried out and the young carer does so consent, or
(b) the young carer lacks capacity or is not competent so to consent but the authority is satisfied that carrying out a young carer's assessment would be in the young carer's best interests.

(4) Where a young carer refuses a young carer's assessment and the consent condition is accordingly not met, the local authority must nonetheless carry out the assessment if the young carer is experiencing, or is at risk of, abuse or neglect.

(5) Where a local authority, having received a request to carry out a young carer's assessment from the young carer concerned or a parent of the young carer, decides not to comply with the request, it must give the person who made the request—
(a) written reasons for its decision, and
(b) advice and information about what can be done to prevent or delay the development by the young carer of needs for support in the future.

64 Young carer's assessment: requirements etc.

(1) A young carer's assessment must include an assessment of—
(a) whether the young carer is able to provide care for the person in question and is likely to continue to be able to do so after becoming 18,
(b) whether the young carer is willing to do so and is likely to continue to be willing to do so after becoming 18,
(c) the impact on the matters specified in section 1(2) of what the young carer's needs for support are likely to be after the young carer becomes 18,
(d) the outcomes that the young carer wishes to achieve in day-to-day life, and
(e) whether, and if so to what extent, the provision of support could contribute to the achievement of those outcomes.

(2) A local authority, in carrying out a young carer's assessment, must have regard to—
(a) the extent to which the young carer works or wishes to work (or is likely to wish to do so after becoming 18),
(b) the extent to which the young carer is participating in or wishes to participate in education, training or recreation (or is likely to wish to do so after becoming 18).

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

(4) When carrying out a young carer's assessment, a 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.

(5) Having carried out a young carer's assessment, a local authority must give the young carer—
(a) an indication as to whether any of the needs for support which it thinks the young carer is likely to have after becoming 18 are likely to meet the eligibility criteria (and, if so, which ones are likely to do so), and
(b) advice and information about—
(i) what can be done to meet or reduce the needs for support which it thinks the young carer is likely to have after becoming 18;
(ii) what can be done to prevent or delay the development by the young carer of needs for support in the future.

(6) But in a case where the young carer is not competent or lacks capacity to understand the things which the local authority is required to give under subsection (5), that subsection is to have effect as if for “must give the young carer” there were substituted “must give the young carer's parents”.

(7) Where a person to whom a young carer's assessment relates becomes 18, the local authority must decide whether to treat the assessment as a carer's assessment; and if the authority decides to do so, this Part applies to the young carer's assessment as if it were a carer's assessment that had been carried out after the person had become 18.

(8) In considering what to decide under subsection (7), a local authority must have regard to—
(a) when the young carer's assessment was carried out, and
(b) whether it appears to the authority that the circumstances of the person to whom the young carer's assessment relates have changed in a way that might affect the assessment.

17ZA YOUNG CARERS' NEEDS ASSESSMENTS

"(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."

17ZB YOUNG CARERS' NEEDS ASSESSMENTS: SUPPLEMENTARY

(1) This section applies for the purposes of section 17ZA.

(2) “ Parent ”, in relation to a young carer, includes—
(a) a parent of the young carer who does not have parental responsibility for the young carer, and
(b) a person who is not a parent of the young carer but who has parental responsibility for the young carer.

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

(4) But in a case where the local authority consider that the relationship between the person cared for 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 (3) is therefore to be ignored in that case).

(5) The references in section 17ZA and this section to providing care include a reference to providing practical or emotional support.

(6) Where a local authority—
(a) are required to carry out a young carer's needs assessment, and
(b) are required or have decided to carry out some other assessment of the young carer or of the person cared for;
the local authority may, subject to subsection (7), combine the assessments.

(7) A young carer's needs assessment may be combined with an assessment of the person cared for only if the young carer and the person cared for agree.

(8) The Secretary of State may by regulations make further provision about carrying out a young carer's needs assessment; the regulations may, in particular—
(a) specify matters to which a local authority is to have regard in carrying out a young carer's needs assessment;
(b) specify matters which a local authority is to determine in carrying out a young carer's needs assessment;
(c) make provision about the manner in which a young carer's needs assessment is to be carried out;
(d) make provision about the form a young carer's needs assessment is to take.

(9) The Secretary of State may by regulations amend the list in section 17ZA(6)(b) so as to—
(a) add an entry,
(b) remove an entry, or
(c) vary an entry.

17ZC CONSIDERATION OF YOUNG CARERS' NEEDS ASSESSMENTS
A local authority that carry out a young carer's needs assessment must consider the assessment and decide—
(a) whether the young carer has needs for support in relation to the care which he or she provides or intends to provide;
(b) if so, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and
(c) if they could be so satisfied, whether or not to provide any such services in relation to the young carer.

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).

6.68 The local authority must ... identify any children who are involved in providing care. The authority may become aware that the child is carrying out a caring role through the assessment of the person needing care or their carer, or informed through family members or a school. Identification of a young carer in the family should result in an offer of a needs assessment for the adult requiring care and support and, where appropriate, the local authority must consider whether the child or young carer should be referred for a young carer’s assessment or a needs assessment under the Children Act 1989, or a young carer’s assessment under section 63 of the Care Act. Local authorities should ensure that adults’ and children’s care and support services work together to ensure the assessment is effective – for example by sharing expertise and linking processes.

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 CARER'S ASSESSMENT under S.63 Care Act 2014 is carried out where it "appears to a local authority that a young carer is likely to have needs for support after becoming 18" (though it can also cover the needs which the young carer has before turning 18).

A YOUNG CARER'S NEEDS ASSESSMENT under S.17ZA Children Act 1989 is carried out "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."

S.17ZC (c) of the Children Act states that the local authority must "decide... whether or not" to meet any needs identified through a Young Carer's Needs Assessment - so there is no statutory guarantee of eligibility for support for a carer under 18.

The Young Carers (Needs Assessments) Regulations 2015 come under the Children Act 1989, but are consistent with the Care Act 2014 in terms of overall approach.