For Carers
Understand your legal rights as a carer, powers of attorney, care funding, mental capacity and support for those you look after.
Common Problems
Your Rights
Your Rights as a Carer
Your legal rights as an unpaid carer in England & Wales, including carer's assessments, flexible working, and financial support.
Your Rights as a Parent
Your rights as a parent regarding your child's education in England: school admissions, requesting an Education, Health and Care needs assessment for SEN, appeal rights to the SEND Tribunal, and involvement in social services decisions.
Your Rights to Benefits and Welfare
Your rights to Universal Credit, PIP, and other benefits — eligibility, appeals, and sanctions.
Your Rights as a Mental Health Patient
Your rights when receiving mental health treatment, including under compulsory detention in hospital.
Key Legal Topics
Mental Health Law
Legal framework for the assessment, detention, and treatment of persons with mental disorders under the Mental Health Act 1983.
Court of Protection Law
Mental capacity, lasting powers of attorney, deputyship, best interests decisions, and welfare orders.
Social Welfare & Benefits Law
Universal Credit, disability benefits, benefit appeals, and social security tribunals.
Family Law
Marriage, divorce, child custody, adoption, and domestic abuse protection.
Useful Guides
Registering a Lasting Power of Attorney
How to create and register a Lasting Power of Attorney (LPA) for health/welfare or property/financial affairs.
Registering a Lasting Power of Attorney
How to create and register an LPA so someone you trust can make decisions if you lose mental capacity.
Applying to the Mental Health Tribunal
If you are detained in hospital under the Mental Health Act 1983, you can apply to the First-tier Tribunal (Mental Health) — part of HM Courts & Tribunals Service — to review your detention. Applications for section 2 assessment orders must be made within 14 days of admission; for section 3 treatment orders, the time limit runs for six months from admission and then in later periods. The tribunal can order your discharge, and legal representation is free regardless of income.
Challenging a Benefits Decision (Mandatory Reconsideration)
How to challenge a DWP decision on Universal Credit, PIP, or other benefits through mandatory reconsideration and tribunal appeal.
Appealing a Universal Credit Decision
How to challenge an incorrect Universal Credit decision through Mandatory Reconsideration and the Social Security Tribunal.
Applying for Legal Aid
How to check eligibility and apply for legal aid funding in civil and criminal cases in England & Wales.
Legal Tools & Calculators
Benefit Appeal Router
Find out whether to request a Mandatory Reconsideration or appeal directly to the First-tier Tribunal (Social Entitlement Chamber), with timelines and free representation options.
Legal Aid Eligibility Checker
Get a quick indicative assessment of whether you might qualify for civil or criminal legal aid in England & Wales based on your case type and financial circumstances.
Frequently asked questions
- What legal rights do carers have in England and Wales?
- Carers should understand their legal rights regarding powers of attorney, care funding, mental capacity, and support for those they look after. This includes navigating Court of Protection matters, mental health tribunal rights, and challenging benefits decisions. The information covers both the rights of the carer and the legal processes involved in supporting a person who may lack capacity.
- When should I arrange a Lasting Power of Attorney?
- It is essential to act while the person still has mental capacity. The guidance explicitly states not to delay in this process. If you are dealing with Court of Protection proceedings or disputes about the care of a person lacking capacity, you should seek legal advice from a solicitor specialising in mental capacity and Court of Protection work.
- Who can help me if my carer benefits are denied?
- If a carer’s own rights or benefits are being denied, a welfare rights adviser or Citizens Advice can assist. For issues involving Court of Protection proceedings or disputes about the care of a person lacking capacity, you should seek legal advice from a solicitor specialising in mental capacity and Court of Protection work.
- What specific legal topics are covered for carers?
- The information covers several key areas, including getting and registering a Lasting Power of Attorney, mental health tribunal rights, and Court of Protection matters. It also addresses challenging benefits decisions, Universal Credit appeals, and the rights of parents and mental health patients. This provides a broad overview of the legal support available to carers.
When to Get Legal Advice
Carers dealing with Court of Protection proceedings or disputes about the care of a person lacking capacity should seek legal advice from a solicitor specialising in mental capacity and Court of Protection work. If a carer's own rights or benefits are being denied, a welfare rights adviser or Citizens Advice can assist. For Lasting Power of Attorney, acting while the person still has mental capacity is essential — do not delay.