by Barbara Cormie
Marketing and Communications Manager, Action for Carers Surrey
Life as an unpaid carer can be tough – but it’s even tougher if you’re not aware of the rights you’re entitled to. The UK has nearly 10 million people in a caring role – people that are helping a relative or friend who is disabled, frail, or unwell, who couldn’t manage without this support.
People can become carers overnight, or can only realise they are carers over time, as a partner or parent’s health declines. And some people never know a life that’s not caring, as they are born with a disabled brother or sister.
Although it can be rewarding, and deepen relationships, caring can also be extremely hard, and will often affect someone practically, socially, emotionally, and financially.
Statutory rights
But here in the UK there is some understanding of what a carer’s role entails, and in theory – there is statutory support for unpaid carers, and a number of rights which should help make lives easier.
Your rights include the right to a Carers’ Assessment, the right not to be discriminated against, and employment rights.
So what exactly are my rights?
The right to a carers assessment
Under the Care Act 2014, adult carers have the right to an assessment by their council, of their caring role, and to be provided with the financial and practical support they are found to need. The assessment should include finding out whether the carer is able – and willing – to care, as well as the affect on their wellbeing, and their access to work, study and recreation.
And under the Children Act 1989 and the Children and Families Act 2014, there is a requirement for councils to similarly assess the needs of parent carers of disabled children under 18. And under the same Acts, children themselves under 18 who are carers, have the right to an assessment, which looks at the impact of caring, and whether the young person wishes to continue caring, and if it’s appropriate for them to do so.
Your employment rights
If you’re a carer juggling work with your caring role, then you also have employment rights. This includes the right to request flexible working.
And just this year, the Carers Leave Act was passed, meaning that from a yet undefined date in 2024, all carers will now have the right to up a week of unpaid carers leave. (The right to request some leave, was previously only available to certain qualifying employees.)
It is also worth checking your contract as increasingly employers are recognising the value of supporting carers in their workforce and you might find that you are offered more generous terms.
The Equality Act
In the UK people have protection from discrimination in employment, in education and when receiving services. You are protected from being discriminated against on the basis of various ‘protected characteristics’, one of which is disability.
So this means, a carer cannot be discriminated against on the basis of their ‘association’ with a disabled person. For example, if you were verbally abused by a shop assistant about your child’s mental health condition, then potentially you would have been discriminated against under the Act.
The Government, working with CAB’s guide: ‘The Equality Act: What do I need to know as a carer?’ talks through the Act, different situations, and how you might take action if you think you have been discriminated against.
Further information on rights
National charity, Carers UK, have lots of in-depth information on your rights. www.carersuk.org/help-and-advice/practical-support/what-are-your-rights-as-a-carer
Carer Rights Day
To raise awareness of carers’ rights and entitlements, the annual Carers Rights Day helps carers get the support they need – and this year it’s on Thursday 23rd November. So look out for events near you to help you find out more.
If you are in Surrey, please consider coming along to one of charity Action for Carers 10 Information Fairs, being held across the county, between 20-25th November. Action for Carers and many other charities and organisations will be there, offering advice and information about your rights, and caring generally. Fairs are ‘drop in’ and free. Visit www.actionforcarers.org.uk/news/fairs-for-surreys-carers-marking-carers-rights-day-2023 to find out more.
Don’t struggle on alone
Try and find out what you are entitled to, and if you need any help, please give your local carers organisation a call.
Barbara Cormie is Marketing and Communications Manager for Action for Carers Surrey. Action for Carers are a charity supporting Surrey’s unpaid carers aged 5-95, with advice, information, free events and more. Visit www.actionforcarers.org.uk, or call the Helpline on 0303 040 1234 for more information.
