C02

Legislation Committee 3

Response to the consultation on the National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009

Barnardos Cymru

For further information contact;
Tim Ruscoe
Development Officer

Introduction

Barnardo’s Cymru has been working with children, young people and families in Wales for over 100 years and is one of the largest children’s charities working in the country. We currently run 43 diverse services across Wales, work in partnership with 20 of the 22 local authorities and last year provided support to over 8,000 children, young people and families.

Barnardo’s Cymru runs services for young carers in Merthyr, Flintshire, Carmarthenshire and Caerphilly. These services offer advice and support to young carers and their families where family members are physically ill, disabled, have substance misuse problems and mental health problems. Fundamental to all our young carers work is the rights agenda laid out in the UNCRC, as the care role can serious limit the access young carers have to the opportunities, choices and experiences enjoyed by their peers. Across the UK we offer a substantial body of services that offer a variety of support and opportunities to young carers. Moreover we work across agencies to raise awareness of young carers, many of whom can remain overlooked for prolonged periods of time. Our Policy and Research teams have produced numerous report, research papers and briefings to highlight the issues affecting young carers and to campaign for better services for them. The most recent of these; 'Family Minded’  focuses on the needs of children in families affected by mental illness.

Barnardo’s Cymru also has a Policy, Research and Development Unit which strives to influence positive change for children, young people and their families, This objective is pursued through policy influencing work, support to local authorities and their partners in developing strategic frameworks, to deliver good policy and practice and research and evaluation work to develop, evidence and strengthen best practice for children, young people and their families. The Unit has over ten years of experience in participatory research and service evaluation with vulnerable children, young people and their families. The Unit also contributes to a number of national groups such as for example the NOMS Children and Families Pathway Group; Children are Unbeatable Steering Group; Local Authority Child Poverty Pilot National Steering Group; UNCRC Monitoring Group’ Disability Policy Officers Group; Children and Young People’s Researchers Network and All Wales Child Sexual Exploitation Group. Barnardo’s UK has a good record of producing 'what works’ publications, toolkits and resources to support best practice ( http://www.barnardos.org.uk/resources.htm). Barnardo’s Cymru contributes to this work and has the support of the UK Policy and Research Unit in developing work in Wales.

Response to questions

1. What are your views on the general principle that legislative competence in the area identified in Matter 15.9 be conferred on the Assembly?

Barnardo’s Cymru believes that the Assembly is the most appropriate body to shape policy and legislative support for carers in Wales, as we believe this would facilitate a more effective response to local need. This is relevant, for example, when considering the role of carers in facilitating a social model of disability, as recommended by key strategies such as the National Service Framework, and Welsh professional, community and voluntary organisations, for example; Disability Wales in their 'Disability Wales Strategic Plan’(2004).

2. What are your views on the terms of the proposed Order e.g. are they too narrowly or broadly drawn?

The terms of the proposed order are broad enough to include young carers, however our experience tells us that not being explicit about supporting young carers can lead to them being disadvantaged and excluded from opportunities. We would suggest more explicit phrasing of aspects of the document in relation to young carers in order to guard against inadvertently developing an adult focus.

3. Is the definition of carer in the proposed Order appropriate?  If not, how should the proposed Order be re-drafted and why?

Barnardo’s Cymru would welcome any change that strengthens recognition of young carers and would like to suggest that point 2:2 be re-phrased thus:

In this matter "carers” means individuals, of any age, who provide or intend to provide a substantial amount of physical or emotional care on a regular basis for—

(a) a child with a physical or mental impairment, or

(b) an individual aged 18 or over,

We suggest the insertion of the phrase 'of any age’  as our experience shows that very young children will sometimes take on a substantial or partial care role, and  that it is often easy to miss the input that very young children have in caring for family members, where there are considerable emotional and practical demands.

We suggest the insertion of 'physical or emotional’ as we are aware that the term 'carer’ can often lead to the assumption that physical or medical care is being given, and the emotional burden of care, particularly on children and young people can be underestimated and misunderstood. Whilst acknowledging that the broad definition currently employed seeks to include all carers, it seems that there is, inherent in this, a risk that the needs of very young carers are not noticed as they are so socially hidden as a group.

4. Do you consider that the excepted Matters, relating to field 15, would have implications for the effectiveness of any future proposed Measures brought forward under Matter 15.9?  If so, please explain why.

We do not believe that the excepted matters have implications for future measures that have not previously been discussed in relation to earlier LCO considerations.

Concluding comments

Barnardo’s Cymru is supportive of this proposed LCO. In addition we have also read the response to the consultation made by the Office of the Children’s Commissioner for Wales and broadly share the concerns and support the points made in this submission.