Short breaks services statement

Appendix 1: Summary of Regulations

In order to meet the requirements of the Breaks for Carers of Disabled Children Regulations 2011, councils must have regard to the needs of carers in respect of their capacity to care for, or continue to care for, their disabled child and must provide a range of services designed to meet this need. A short break services statement must be prepared and published, outlining how this is to be achieved.

Duty to make provision

Councils must take into account the needs of carers who would:

  • be unable to continue caring for their disabled child unless breaks from caring were given or
  • be able to give more effective care if breaks were given to allow them to, for example, attend educational classes, undertake a regular leisure activity, meet the needs of other children in the family, or carry out necessary day to day tasks in the household.

Types of services which must be provided:

Councils must, so far as is reasonably practicable, provide a range of services sufficient to meet the needs of carers to care or care more effectively, including:

  • Day care in the child’s own home and elsewhere
  • Overnight care
  • Educational or leisure activities for children outside of their own homes
  • Services in the evenings, at weekends and during school holidays

Short break services statement:

Councils must prepare a statement for carers in their area setting out:

  • The range of services available
  • Any eligibility criteria for these services
  • How the range of services is designed to meet the needs of carers in the London Borough of Bromley

This statement must be kept under review and, where appropriate, revised. It should be prepared and reviewed with regard to the views of carers in the area.

There is no individual right to short breaks for any particular disabled child or young person. Local Authorities must do what is reasonably practical in terms of providing short breaks and have wider duties to safeguard and promote a child’s wellbeing. Therefore, it is paramount that the short break should offer a positive and safe experience for the child.