Carers and Disabled Children Act 2000
Encyclopedia
The Carers and Disabled Children Act 2000 is a 2000 United Kingdom
Act of Parliament
in the relationship between Carers and disabled children.
1. The Carers National Strategy document "Caring about Carers", published on 8 February 1999 highlighted the need for legislation to enable local
Councils with social service responsibilities to provide services direct to carers.
2. The Government's aim is to support carers in their caring roles and to help them maintain their own health and well-being.
3. To meet these aims the Carers and Disabled Children Act 2000 that came into force on 1 April 2001 gives local councils
the power to supply certain services direct to carers following assessment. There is also a new right to a carer's assessment even where the person cared for has refused an assessment for, or the provision of, community care services.
4. Persons with parental responsibility for a disabled child (parents or other carers) also have a right to ask for an assessment.
5. The Government
has given local councils the power to make direct payments to carers (including 16 and 17 year old carers receiving support under the Act) to meet their own assessed needs.
6. Local councils may also make direct payments to parents of a disabled child to purchase services to meet the assessed needs of the disabled child and family. In addition councils may make direct payments to 16 and 17 year old disabled young people.
1. Direct payments are able to bring about improvements in the quality of life of people who would like to manage their own social services support. They promote independence, and aid social
inclusion by offering opportunities for education
, leisure
and employment
.
2. As part of the transition from childhood to adulthood, direct payments provide opportunities for disabled young people who want to develop management skills that will help them make decisions about how their assessed need for support will be met, both in the immediate and long term future.
1. For any young person (with or without an impairment) the process of growing up involves the gradual taking on of more and more responsibility
for himself or herself.
As part of the transition to adulthood, some young people may wish to have a direct payment to manage parts or all of the elements of their care package to improve how their care package is delivered.
2. Issues for local councils to consider when planning services in partnership with parents and children remain the same when direct payments are being discussed: the family is the natural and most appropriate place for children,
Local councils work in partnership with parents, while recognising that children are individuals with their own wishes and feelings.
3. In making decisions about direct payments to 16 and 17 year old disabled young people the council should balance, as they do now (in relation to providing services) the young person's wishes and feelings and the views of those with parental responsibility.
The overriding requirement is that the intervention of the local council, whether by providing a service or a direct payment, should promote and safeguard the welfare
of the young person.
4. Where there is a difference of views between parents and disabled children age 16 and 17 and provided that the children have sufficient understanding to make informed decisions local councils should give precedence to their views. It follows that there may be situations where it would be right for a young person to receive a direct payment whether the parents agree or not.
5. There will also be situations where a disabled young person will express a wish to manage a direct payment but it is apparent to their parents and to the local council that they do not, at the moment, have the capacity to exercise this level of control in a way that will promote their welfare.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
in the relationship between Carers and disabled children.
1. The Carers National Strategy document "Caring about Carers", published on 8 February 1999 highlighted the need for legislation to enable local
Councils with social service responsibilities to provide services direct to carers.
2. The Government's aim is to support carers in their caring roles and to help them maintain their own health and well-being.
3. To meet these aims the Carers and Disabled Children Act 2000 that came into force on 1 April 2001 gives local councils
Local government in the United Kingdom
The pattern of local government in England is complex, with the distribution of functions varying according to the local arrangements. Legislation concerning local government in England is decided by the Parliament and Government of the United Kingdom, because England does not have a devolved...
the power to supply certain services direct to carers following assessment. There is also a new right to a carer's assessment even where the person cared for has refused an assessment for, or the provision of, community care services.
4. Persons with parental responsibility for a disabled child (parents or other carers) also have a right to ask for an assessment.
5. The Government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
has given local councils the power to make direct payments to carers (including 16 and 17 year old carers receiving support under the Act) to meet their own assessed needs.
6. Local councils may also make direct payments to parents of a disabled child to purchase services to meet the assessed needs of the disabled child and family. In addition councils may make direct payments to 16 and 17 year old disabled young people.
Direct payments to adolescents
The Government's aim in extending direct payments to disabled young people age 16 and 17.1. Direct payments are able to bring about improvements in the quality of life of people who would like to manage their own social services support. They promote independence, and aid social
Social
The term social refers to a characteristic of living organisms...
inclusion by offering opportunities for education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
, leisure
Leisure
Leisure, or free time, is time spent away from business, work, and domestic chores. It is also the periods of time before or after necessary activities such as eating, sleeping and, where it is compulsory, education....
and employment
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
.
2. As part of the transition from childhood to adulthood, direct payments provide opportunities for disabled young people who want to develop management skills that will help them make decisions about how their assessed need for support will be met, both in the immediate and long term future.
Direct payments for young disabled people
Important issues for consideration when offering a direct payment to a young disabled person1. For any young person (with or without an impairment) the process of growing up involves the gradual taking on of more and more responsibility
Moral responsibility
Moral responsibility usually refers to the idea that a person has moral obligations in certain situations. Disobeying moral obligations, then, becomes grounds for justified punishment. Deciding what justifies punishment, if anything, is a principle concern of ethics.People who have moral...
for himself or herself.
As part of the transition to adulthood, some young people may wish to have a direct payment to manage parts or all of the elements of their care package to improve how their care package is delivered.
2. Issues for local councils to consider when planning services in partnership with parents and children remain the same when direct payments are being discussed: the family is the natural and most appropriate place for children,
Local councils work in partnership with parents, while recognising that children are individuals with their own wishes and feelings.
3. In making decisions about direct payments to 16 and 17 year old disabled young people the council should balance, as they do now (in relation to providing services) the young person's wishes and feelings and the views of those with parental responsibility.
The overriding requirement is that the intervention of the local council, whether by providing a service or a direct payment, should promote and safeguard the welfare
Quality of life
The term quality of life is used to evaluate the general well-being of individuals and societies. The term is used in a wide range of contexts, including the fields of international development, healthcare, and politics. Quality of life should not be confused with the concept of standard of...
of the young person.
4. Where there is a difference of views between parents and disabled children age 16 and 17 and provided that the children have sufficient understanding to make informed decisions local councils should give precedence to their views. It follows that there may be situations where it would be right for a young person to receive a direct payment whether the parents agree or not.
5. There will also be situations where a disabled young person will express a wish to manage a direct payment but it is apparent to their parents and to the local council that they do not, at the moment, have the capacity to exercise this level of control in a way that will promote their welfare.