What does the Legislation say about Short Breaks and the Information that Local Authorities must make available?

Breaks for Carers of Disabled Children Regulations

This law came into effect on 1st April 2011. This law said Local Authorities have a duty to provide a range of Short Breaks.  This is for disabled children and young people (aged from birth up to their 18th birthday), and their parents and carers. 

Click here to read this law.

The Local Authority must consider for those caring for a disabled child:

  1. the needs of carers who would be unable to continue to provide care unless given breaks from caring.
  1. the needs of carers who would be able to provide more effective care if given breaks from caring.

As part of the duty, each Local Authority must produce a Short Breaks Statement.  This gives parents and carers information about the range of Short Break Services available and how to access them.

5 cartoon people, one is in a wheelchair

The Children Act 1989

This act gives local authorities the powers and duties to provide support services for children in need and their families. Children in need includes children who are disabled and is defined under section 17(11) of the Children Act.

You can read the Children Act 1989 by clicking here.

Safeguarding and promoting the welfare of disabled children using short breaks

Local Authorities can provide Short Breaks to safeguard and promote the welfare of children in need.

You can read the statutory guidance by clicking here.

5 cartoon people, one is in a wheelchair

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