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Unpaid carers given new rights as Health and Care Act 2022 introduced

Published
16/08/22

The Health and Care Act 2022 amends the measures set out in the Care Act 2014.

The Care Act 2014 is the law that sets out how adult social care in England should be provided, to improve people’s independence and wellbeing. 

It requires local authorities to make sure that people who have eligible care needs, receive services that prevent their care needs from becoming more serious or to delay the impact of their needs. The Act also recognises the equal importance of supporting carers as well as the people they care for, giving carers the right to receive support from their local authority if they have eligible needs; which can be identified through a carer's assessment. 

The Health and Care Act 2022 has introduced new legislative measures that aim to make it easier for health and care organisations to deliver joined-up care for people who rely on multiple different services. 

From July, new NHS Integrated Care Boards (ICB’s) came into force across England; replacing Clinical Commissioning Groups. The ICB’s carry new duties which make them responsible for involving carers as well as those they care for in decision-making. Due to new guidance, carers must be involved when decisions are made around changes to or developments to a service, where there is an expectation of involved care in relation to the patient’s prevention, treatment, and diagnosis. 

Carers also have important new rights at hospital discharge. NHS hospital trusts in England must ensure that unpaid carers are involved as soon as possible when plans for a patient’s discharge after treatment are being made. This covers all carers of adults needing care and support following hospital discharge, including health care support such as Continuing Healthcare.  

In light of these constructive new changes for carers, Alison Taylor, Chief Executive for Carers First said: 

“It is positive news that unpaid carers now have stronger rights, ensuring they are involved as early as possible in discharge planning. Carers First understand how difficult and disempowering hospital discharge can be for carers, especially when they are not consulted, involved or provided with the right information and support to care safely and well. 

“Carers First look forward to working with the NHS and local authorities to ensure that these changes are supported and delivered well, with improved outcomes for carers, the people they care for and for local services. 

“Through our work with carers and local hospital trusts, Carers First understands the importance of supporting carers to have a voice which can help to achieve better outcomes the first-time round, working to prevent further and unnecessary admissions to hospital and reduce strain on already stretched NHS services.” 

Caring for someone coming out of hospital

If someone you care for is being discharged from hospital, you may be excited, but also a little overwhelmed. We provide some advice helping you to navigate the transition from hospital to home and the support available to you as a carer.

Hear how our new pocket guide is simplifying the discharge process for carers

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