Families of disabled children in the UK now have a legal right to a break from caring, following the introduction of a legal duty on local authorities.

The duty is a victory for disabled children and their families, who often have to fight to receive services from local authorities. It is also a victory for campaigning group Every Disabled Child Matters, which pushed for the change.

Now parents across the UK have much-needed legal protection when they apply for regular breaks. The new statutory Short Break Duty and guidance on how to implement it make clear the services local authorities should provide, and how authorities should decide who is eligible.

The development comes at a time when Autism Eye has been receiving a growing number of reports from parents who say they are at breaking point because of a lack of respite from the pressures of caring for their disabled child. They have complained about the “intrusive”, “degrading” and “lengthy” process of applying for direct payments that can fund a break from caring.

Christine Lenehan, board member of Every Disabled Child Matters, said the introduction of the Short Break Duty on local authorities will ensure they and families have a greater understanding of which short-break services should be provided.

In December 2010, the Government announced £800 million over four years for the provision of short breaks for disabled children and their families.

Some £198 million has been allocated across local authorities in England for the provision of short breaks for disabled children and their families in 2011/12. However, campaigners are concerned that local authority budget cuts to services for disabled children will mean some areas will not have allocated sufficient resources to ensure they meet their legal obligations to provide families with a short break from caring.

Lenehan warned local authorities of their legal obligations in respect of short breaks. She said: “We urge local authorities to ensure that they are properly resourced to meet their legal duty with respect to disabled children.”

Have you applied to your local authority for respite? What was your experience of the application process?  Autism Eye’s editor wants to hear your story. Email: gillian.loughran@autismeye.com

Published: 4 April 2011