Question proposed, That the clause stand part of the Bill.

With this it will be convenient to discuss new clause 1—Duty to inform carers of right to assessment—

'(1) In section 1 of the Carers (Recognition and Services) Act 1995 (c.12) (assessment of ability of carers to provide care), after subsection (2A) there is inserted—

''(2B) In any case where—

(a) a local authority are carrying out an assessment mentioned in paragraph (a) of either subsection (1) or subsection (2) above in relation to the relevant person or (as the case may be) a disabled child, and

(b) it appears to the local authority that an individual may be entitled to request (but has not requested) an assessment under the subsection in question of his ability to provide and to continue to provide care for the relevant person or the disabled child,

the local authority must inform the individual that he may be so entitled before they make their decision as to the needs of the relevant person or the disabled child.''

(2) After section 6 of the Carers and Disabled Children Act 2000 (c.16) there is inserted—

''6A Duty to inform carers of right to assessment

(1) Subsection (2) applies if it appears to a local authority that it would be required to carry out a carer's assessment on being asked to do so by—

(a) the carer, or

(b) a person with parental responsibility for a disabled child (''the responsible person'').

(2) The local authority must inform the carer or, as appropriate, the responsible person that he may be entitled to a carer's assessment (but this is subject to subsections (3) and (4)).

(3) Subsection (2) does not apply in relation to the carer if the local authority has previously—

(a) carried out a carer's assessment for him in relation to the person cared for,

(b) informed him that he may be entitled to a carer's assessment in relation to the person cared for, or

(c) carried out an assessment of him under section 4(3) of the Community Care (Delayed Discharges etc.)Act 2003 (c.5) in relation to the person cared for.

(4) Subsection (2) does not apply in relation to the responsible person if the local authority has previously carried out a carer's assessment for him in relation to the disabled child or informed him that he may be entitled to a carer's assessment in relation to the disabled child.

(5) In this section ''carer's assessment'' means—

(a) in the case of the carer, an assessment under section 1 of his ability to provide and to continue to provide care for the person cared for,

(b) in the case of the responsible person, an assessment under section 6 of his ability to provide and to continue to provide care for the disabled child.''.'.

Carers have told me that this clause is hugely important to them. Like my Bill, Government new clause 1 is borrowed from legislation in Scotland and Northern Ireland.

As the parent of a child with Down's syndrome, I warmly welcome the fact that parents of disabled children will be told about their rights. I have closely examined new clause 1, which does what clause 3 set out to do in a more direct and concrete way. I hope that the Committee will agree to replace clause 3 with the new clause; if it does so, parents in England and Wales, including the parents of disabled children, will be able to celebrate the fact that they enjoy the same rights as carers in other parts of the United Kingdom. That is another illustration of the success of democratic devolution in assisting the development of progressive policies throughout the United Kingdom.

The clause brings us to an important matter. Information is vital if people are to get the support that they need; the theme was raised frequently, and in great detail, on Second Reading by hon. Members on both sides of the House.

We as a Government place considerable emphasis on ensuring that everyone receives the rights and benefits to which they are entitled. Assessments are carers' gateway to support and services, but despite the abundance of best practice information and guidance for people working with carers, some carers remain unaware of their rights.

It is therefore appropriate that the Bill ensures that the few who do not routinely inform carers of their rights should now follow the practice of the majority who do. That will ensure that carers receive information about their rights in a more consistent way and at an appropriate time. Rather than creating a freestanding provision, however, it would be more appropriate to amend the existing legislation on carers. The outcome will be updated legislation in which all the rights relating to carers assessments can be found.

New clause 1 therefore introduces new provisions into the Carers (Recognition and Services) Act 1995 and the Carers and Disabled Children Act 2000. Broadly speaking, the proposed changes will require councils to inform carers who have not requested an assessment, but who appear to be entitled to one under those Acts, of their entitlement.

The new clause amends section 1 of 1995 Act so that a local authority that carries out an assessment of the person cared for and finds that the carer may be

entitled to a carers assessment must inform the carer of his right. The authority would then have to inform him of that right before deciding what services the person cared for should receive.

The new clause also amends the 2000 Act. Where it appears to a local authority that it may be required to undertake a carers assessment if asked to do so by the carer, it should inform the carer that he may be entitled to an assessment. However, there would be no such requirement if the authority had already informed him of his rights or carried out a carers assessment under the 2000 Act or the Community Care (Delayed Discharges) Act 2003.

The new clause is the most effective way of ensuring that carers are informed of their rights by word of mouth, via a leaflet and so on. Guidance published under the 1995 and 2000 Acts states that carers should be offered information in that way. On that basis, I hope that the Committee will agree that clause 3 should not stand part of the Bill and that it will accept new clause 1.

In the light of the Minister's comments, I am happy to support his proposals, and I hope that the Committee will do so, too.

Question put and negatived.

Clause 3 disagreed to.Clause 4Co-operation between Authorities