Mental Health guide

Your rights as a carer

Community Care Assessment

If you are the carer of someone with mental health problems you are entitled to a Carer’s Assessment when first contacting Adult Social Care for help, which can lead to an agreement between you, the person you care for and Adult Social Care, about the help you need. This should mean that your needs are fully taken into account when a care plan is drawn up. You are entitled to an assessment of your own needs even if the person you are caring for doesn’t want or need services themselves. An assessment can help you in many ways, including:

  • making sure you have a voice in decision-making about the person you care for
  • a break from caring
  • information and advice
  • contact with people in a similar situation
  • help with aids and adaptations

Direct Payments

When you have had an assessment, Adult Social Care may be able to give you money to buy services you need.

Getting a break

Adult Social Care can arrange breaks for carers. This can be for a short period during the day, or for longer periods. In Leeds you can approach the Carers’ Centre, Carers Leeds, for information on breaks.

Nearest Relative

If you are the “nearest relative” (see below for definition) of someone affected by a mental disorder under the Mental Health Act you have the right to:

  • ask an Approved Social Worker to assess your relative for compulsory admission to psychiatric hospital.
  • apply for your relative to be admitted compulsorily to psychiatric hospital. This application must be accompanied by two medical recommendations, one at least from a psychiatrist.
  • refuse consent for your relative to be compulsorily admitted to hospital (not in all cases, however).
  • request discharge of your relative if they are compulsorily detained in psychiatric hospital under Section 2 or 3. To do so requires 72 hours notice and Hospital Managers can overrule such requests. The Responsible Medical Officer can refuse the request on the grounds that discharge would be dangerous to the patient or to others. In this case it is possible then to bring the case before a Mental Health Review Tribunal. The onus of proof is then on the Responsible Medical Officer.

Under Section 26 of the Mental health Act the term “nearest relative” applies to, in order of precedence: husband or wife (or a person with whom the patient lives and has done so for at least 6 months as husband or wife); son or daughter; father or mother; brother or sister; grandparent; grandchild; uncle or aunt; nephew or niece; a person with whom the patient lives and has done so for at least five years (but not as husband or wife). This order can change according to the circumstances.

Welfare Benefits

There are benefits that a carer can claim - the system is complex and carers should seek advice on benefits for themselves and for the person they care for.

Rights at Work

Carers who are employees can request changes to their working patterns to better manage their caring. They can also take a “reasonable” amount of time off work to deal with an emergency involving a dependent. There is no right to be paid for this time off.

Further advice on these rights should be obtained.

Useful telephone numbers

Adult Social Care 0845 125 4113
Carers Leeds 0113 246 8338
Welfare Rights Unit (for benefits advice) 0113 214 9006
ACAS (for employment advice) 0845 7 47 47 47

Leeds Mental Health Directory

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