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3 July 2012 Dear Colleague,

THE BREAKS FOR CARERS REGULATIONS: GUIDANCE This letter is to remind you that the Breaks for Carers of Disabled Children (Wales) Regulations came into force on Thursday 28

th June 2012.

The Deputy Minister for Children and Social Services agreed in September 2011 to proceed with the commencement of section 25 of the Children and Young Person’s Act 2008 The Regulations will require local authorities in Wales to assist the person caring for the disabled child to continue to care, by giving them breaks from caring; building on the general duties under the Children Act 1989 and the Carers and Disabled Children Act 2000 in respect of disabled children and informal carers.

The Regulations will require local authorities to:

ensure that, when making short break provision, they have regard to the needs of different types of carers, not just those who would be unable to continue to provide care without a break;

provide a range of breaks, as appropriate, during the day, night, at weekends and during the school holidays; and

provide parents with a short breaks services statement detailing the range of available breaks.

Guidance has been developed to assist local authorities to implement and comply with these Regulations. Copies of the guidance can be accessed at: http://wales.gov.uk/topics/health/publications/socialcare/guidance

A review of each local authority Service Statement will be carried out in the autumn.

IMPLEMENTATION OF THE CYP ACT 2008–SECTION 24 This provision will extend the powers of local authorities to make cash payments to children in need and their families and will offer greater flexibility and discretion to local authorities to make cash payments. Current law has been limited to “exceptional circumstances”, which has been cited as a barrier to service access. Section 24 (in so far as it is not already in force) was commenced on 18

th June 2012.

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From the Deputy Director Children Social Services Welsh Assembly Llywordraeth Cynulliad Government Cymru Cathays Park Parc Cathays Cardiff Caerdydd CF10 3NQ CF10 3NQ

MGW(2012)

GUIDANCE ON THE IMPLEMENTATION OF THE BREAKS FOR CARERS OF DISABLED

CHILDREN (WALES) REGULATION 2012

AND

IMPLEMENTATION OF THE CHILDREN YOUNG PERSONS ACT 2008:

SECTION 24 – CASH PAYMENTS

___________________________

Electronic distribution to:

Director of Social Services Heads of Children Services Chief Executives, Local Authorities; Local Health Boards Directors of Education WLGA ADSS Chief Finance Officers

For information:

Disabled Children Network Forum Contact a Family Short Breaks Network Children in Wales Barnardos (Cymru) Action for Children Tros Gynal NYAS The Children’s Commissioner for Wales

Julie Rogers

Deputy Director Children Social Services