This piece of legislation represented a significant milestone for carers. For the first time carers became entitled to an assessment of their needs as a carer. The results of this carers assessment had to be taken into account when the Local Authority made a decision about providing services for the 'service user' that they were caring for.

The provision of the Act covers adults, children and parents of disabled children who provide, a substantial amount of care on a regular basis. Suggestions for what should be covered in a carer's assessment came in guidance from the DoH and included:

What might a carer's assessment cover?

• Their perception of the situation
• The nature of their relationship with the user
• The tasks undertaken and consequent impact
• Tasks carers would like help with
• Their social contacts and support received from family, friends and neighbours
• Their emotional, mental and physical health
• Their willingness and/or ability to continue to provide care; options available to the carer, particularly carers who are in employment
• Their understanding of the illness or disability of the patient, and its likely/possible development
• Other responsibilities e.g. Work, education, family/child care commitments
• Carer's strengths and ways of coping

Any particular stress factors and/or aspects of the caring task which the carer finds particularly difficult.

Has it made a difference?

Juliet Cheetham, writing in Community Care in 1999, said the Act had raised hopes amongst carers but has not always delivered its potential. Cheetham identified a number of barriers to using the Act effectively:

• Carers simply aren't always aware of their statutory rights. They don't ask for an assessment because they don't know they are entitled to one!

• Many people are hesitant to define themselves as carer's. People see themselves as parents, husbands or wives, families or friend caring for and about loved ones.

• People are sceptical about the practical value of an assessment.

• Workers own ignorance or ambivalence about the legislation. Many staff are not aware either and carers do not get offered them

Some important research on the effectiveness of the Carers Recognition Act for families of people with learning disabilities has been undertaken by the Norah Fry research Centre in Bristol. The study, 'In their Own right' concluded that family carers of people with learning disabilities were not well served by the Act. Many families had either not been offered a carer assessment, or where not sure, when asked, if they had had one! The process was not clear to people and they did not feel informed.

Where assessments had been undertaken there was a concern that the vital aspects of the carer's situation had not been assessed. This included the carer's own health and the fact they often have multiple caring responsibilities, older parents, younger grandchildren as well as caring for a learning disabled son or daughter. Even more worryingly, the small number who had a Carer's assessment carried out were visited a year later and for the majority, nothing had changed as a result of the assessment. Assessment should never be seen as an end in itself, but as apart of a process of targeting and focussing the right level of support for families. It should make a difference in people's lives.

Another limitation of the Carers (Recognition and Services) Act was that the carers right to assessment are linked integrally to the Community Care Assessment of the 'cared' for person. If that person refuses to have an assessment then their carer has no right to one in their own right. Even if their role as carer is having a major impact on their life.

This piece of legislation was undoubtedly a step in the right direction but it did not go far enough. The Carers' campaigning lobby has been advocating for an extension of carers rights for some time. This has been more fully realised in the last few years with first, the publication of the Carers National Strategy: Caring for the Carers and the passing of the Carers and Disabled Children Act 2000, which came into effect in April 2001.