The Breaks for Carers of Disabled Children (Wales) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations are the first regulations to be made in relation to Wales under paragraph 6 of Schedule 2 to the Children Act 1989, which imposes duties on local authorities, as part of the range of services they provide to families, to provide breaks from caring to assist parents and others who provide care for disabled children.

Sub-paragraphs (1)(c) and (2) of paragraph 6 of Schedule 2 to the Children Act 1989 were inserted by the Children and Young Persons Act 2008 (section 25).

The Regulations, which come into force on 28 June 2012, prescribe the manner in which local authorities must make provision for short breaks for the carers of disabled children in their area. Local authorities must have regard to—

(a) the needs of those carers who would be able to provide care more effectively if they had breaks from caring, and

(b) the needs of those carers who would be unable to continue to provide care unless a break were offered to them (regulation 3).

They require that local authorities provide a range of short breaks services (regulation 4), and that local authorities, in consultation with carers in their area, prepare, publish, and keep under review a “short breaks services statement” setting out what services are available, the categories of carer who may be eligible to gain access to them, and how they are designed to meet the needs of carers in the area (regulation 5).

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result a regulatory impact assessment has been prepared as to the likely costs and benefits in complying with these Regulations. A copy can be obtained from the Welsh Government at: Cathays Park, Cardiff, CF10 3NQ.