Commentary on Sections PART 5 – WELFARE OF CHILDREN Section 97: Parent carers
409.This section consolidates into Part 3 of the Children Act 1989 existing legislation, in particular the Carers and Disabled Children Act 2000, which gives individuals with parental responsibility for a disabled child the right to an assessment of their needs by a local authority. This consolidation simplifies the legislation relating to parent carers of disabled children, making rights and duties clearer to both parent and practitioners. It removes the requirement for such carers to be providing “a substantial amount of care on a regular basis” in order to be assessed, and requires local authorities to assess on the appearance of need, as well as on request.
410.This section requires local authorities explicitly to have regard to the well-being of parent carers in undertaking an assessment of their needs. The definition of well-being will be the same as in Part 1 of the Care Act 2014 (subject to Parliamentary approval of the Care Act).
411.This section enables the Secretary of State to make regulations making provision about the carrying out of a parent carer’s needs assessment. Those regulations may, in particular, specify matters to which a local authority is to have regard or is to determine in carrying out the assessment, the manner in which an assessment is to be carried out and the form that assessment is to take.