The Breaks for Carers of Disabled Children Regulations 2011

• Citation: S.I. 2011/707
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Breaks for Carers of Disabled Children Regulations 2011 and come into force on 1st April 2011.

Section 2 Interpretation

In these Regulations—

“the 1989 Act ” means the Children Act 1989;

“carer” means a person who provides care for a disabled child and who is—

the child’s parent, or

a person who is not the child’s parent but who has parental responsibility for that child; and

“disabled” has the meaning given in section 17(11) of the 1989 Act .

Section 3 Duty to make provision

In performing their duty under paragraph 6(1)(c) of Schedule 2 to the 1989 Act , a local authority must—

(a) have regard to the needs of those carers who would be unable to continue to provide care unless breaks from caring were given to them; and

(b) have regard to the needs of those carers who would be able to provide care for their disabled child more effectively if breaks from caring were given to them to allow them to—

(i) undertake education, training or any regular leisure activity,

(ii) meet the needs of other children in the family more effectively, or

(iii) carry out day to day tasks which they must perform in order to run their household.

Section 4 Types of services which must be provided

(1) In performing their duty under paragraph 6(1)(c) of Schedule 2 to the 1989 Act, a local authority must provide, so far as is reasonably practicable, a range of services which is sufficient to assist carers to continue to provide care or to do so more effectively.

(2) In particular, the local authority must provide, as appropriate, a range of—

(a) day-time care in the homes of disabled children or elsewhere,

(b) overnight care in the homes of disabled children or elsewhere,

(c) educational or leisure activities for disabled children outside their homes, and

(d) services available to assist carers in the evenings, at weekends and during the school holidays.

Section 5 Short breaks services statement

(1) A local authority must, by 1st October 2011, prepare a statement for carers in their area (a “short breaks services statement”) setting out details of—

(a) the range of services provided in accordance with regulation 4,

(b) any criteria by which eligibility for those services will be assessed, and

(c) how the range of services is designed to meet the needs of carers in their area.

(2) The local authority must publish their short breaks services statement, including by placing a copy of the statement on their website.

(3) The local authority must keep their short breaks services statement under review and, where appropriate, revise the statement.

(4) In preparing and revising their statement, the local authority must have regard to the views of carers in their area.