You have certain rights under carers' legislation if you are over 16 and:

• you are caring for someone or are intending to provide care;
• and that care is, or is likely to be, both 'substantial and regular'; and
• the person you care for (or are intending to care for) is over 18 and eligible for adult social care support by reason of disability, illness or problems relating to ageing;

If you are defined as a carer, as explained above, the Carers Acts will:

• give you formal recognition in the needs assessment of the person you care for;
• require us to give you information and advice about your rights to assessment;
• require us to offer to undertake a separate assessment of your needs; and
• place an obligation on us to take account of your assessment when deciding what services the person you care for requires;

For example, if you are in poor health or are having difficulties caring for someone, this must take this into account. Similarly, we must take account of your wish to retain or gain access to; employment and training; emotional support; carers' registers and health checks by your GP; and increased choice and control.

Other local authorities such as health, education and district councils must now give due consideration to any request for assistance made by us on your behalf, following an assessment. This will be discussed with you at the time.

It is important to note that under the Carers and Disabled Children Act 2000, carers are entitled to request an assessment in their own right, even if the person cared for is not known to the authority, or has refused services.

The Carers Acts

There are three Acts of Parliament which are especially for carers. They are:

Carers (Recognition and Services) Act 1995

For the first time carers (of all ages) are given formal recognition. Carers are entitled to a carer assessment in their own right, providing the person they care for is being assessed or reassessed for services. Although this Act provides an opportunity for the carers situation to be considered, any services provided as a result of a carer assessment will be for the "cared for" person rather than the carer themselves. This Act defines a carer as someone who provides "a substantial level of care on a regular basis".

The Carers and Disabled Children Act 2000

Most significantly, this Act enables carers to have their own needs assessed and receive services from local authorise in their own right, to support them in their caring role and help maintain their wellbeing. All carers over the age of 16 who care for someone over 18, are eligible to ask their local authority for an assessment of their needs, even if the person they are caring for chooses not to be assessed or to receive services. Parent carers caring for a disabled child can also request an assessment of their own needs.

The Carers (Equal Opportunities) Act 2004

This latest Act enhances the provisions of the1995 and 2000 Acts by requiring local authorities to inform carers that they may be entitled to an assessment. Carers must be informed of these rights before local authorities make any decisions about service inputs. When carrying out carer assessments, local authorities must also consider:

• where a carer works or wishes to work;
• whether a carer is undertaking or wishes to undertake any education; and
• carer leisure needs;

The Act also provides a formal basis for cooperation between local and other authorities in relation to carers. For example, a local authority will be better placed to seek participation of the NHS when deciding how to deliver services.