You haven’t had an evening off in three months. Your last holiday was cancelled because there was nobody to look after your child. You can’t remember the last time you slept through the night. And the idea of asking for help feels like admitting you can’t cope.
You’re not failing. You’re caring for a child whose needs are more than one person can meet alone. And your Local Authority (LA) has a legal duty to help.
Short breaks, sometimes called respite care, are services designed to give you time to rest, work, or simply be yourself. They’re not a luxury. They’re a legal entitlement.
The legal duty
Under the Breaks for Carers of Disabled Children Regulations 2011, every local authority in England must:
- Provide a range of short breaks services
- Publish a short breaks statement setting out what’s available
- Give families enough information to understand what they can access
This isn’t discretionary. It’s a regulation made under paragraph 6 of Schedule 2 to the Children Act 1989. The LA must provide short breaks as part of its duty to safeguard and promote the welfare of disabled children and their families.
Despite this legal requirement, research from Contact shows that more than half of parent carers have never received any short break services. The duty exists on paper but isn’t delivered in practice for most families.
What short breaks look like
Short breaks come in many forms. They’re not just about someone taking your child overnight (though that’s one option). The range includes:
- After-school clubs and youth groups designed for disabled children
- Holiday play schemes during school holidays
- Weekend activities (sports, arts, social groups)
- Overnight stays at a short breaks unit or with a trained carer
- Befriending services where someone takes your child out for a few hours
- Direct payments to employ a personal assistant who supports your child
- Sitting services so you can leave the house
- Family activities where the whole family can attend with support
The type of short break should match your child’s needs and your family’s situation. A teenager with autism might benefit from a specialist youth club. A child with complex medical needs might need overnight care from trained staff. A family with multiple children might need someone to take the disabled child out so the parents can spend time with siblings.
Direct payments
One of the most flexible options is a direct payment. Instead of the LA arranging services, they give you money to arrange your own support.
With a direct payment, you can:
- Employ a personal assistant (PA) to look after your child
- Pay for activities or clubs that suit your child
- Arrange support at times that work for your family
- Choose someone your child knows and trusts
Many families find direct payments far more helpful because you can tailor support to what you actually need.
If the LA offers you 10 hours a month of short breaks through their own service, ask whether you can have a direct payment instead. Many families find direct payments give them far more useful support because you can tailor it to what you actually need.
How to access short breaks
There are two routes to accessing short breaks:
1. Through the Local Offer (no assessment needed)
Every LA publishes a Local Offer listing services available for disabled children. Some short break services are available without any assessment. You just sign up.
Check your LA’s Local Offer website for:
- Youth clubs for disabled children
- Holiday schemes
- Weekend activities
- Family events
These are sometimes called “universal” or “targeted” short breaks.
2. Through a social care assessment
For more substantial support (overnight respite, regular PA hours, direct payments), you’ll usually need a children in need assessment or a parent carer assessment.
The short breaks statement
Every LA must publish a short breaks statement explaining what services are available, how to access them, and the eligibility criteria. This should be on your LA’s website, usually within the Local Offer section.
If you can’t find it, ask. The LA is legally required to have one.
If your LA’s short breaks statement says services are “subject to budget” or “only available after assessment,” check whether there are also universal services that don’t need an assessment. Many LAs bury the easier-to-access options.
Why families don’t get short breaks
The duty is clear. The services exist. But most families never access them. Here’s why:
Nobody told you they exist. LAs rarely promote short breaks proactively. You might qualify for universal services in your Local Offer with no assessment needed, but the council doesn’t make this obvious.
The assessment takes months. Some LAs have long waiting lists for social care assessments. Even after you request an assessment, you might wait 45 working days or longer before seeing a social worker.
Services don’t match your child’s needs. Generic after-school clubs aren’t suitable for children with complex medical or behavioural needs. If the LA’s services don’t fit, they’ll tell you there’s nothing available.
The application process is too complicated. Multiple forms, repeated assessments, unclear eligibility criteria. You have to ask the right questions in the right way to get the right answer.
But there are also routes that work. You can self-refer directly for universal short breaks listed in the Local Offer. SENDIASS can walk you through the process and know what’s genuinely available in your area. And if you’re told no, there are formal routes to challenge that decision.
What if the LA says no?
If the LA refuses to provide short breaks after an assessment, or doesn’t carry out an assessment at all, you can:
- Ask for the decision in writing with reasons
- Request a review through the LA’s complaints process
- Complain to the Local Government Ombudsman if the LA isn’t following its legal duties
- Contact your SENDIASS for advice on challenging the decision
Getting help
Contact has guides on short breaks and can help you find what’s available in your area (helpline: 0808 808 3555).
Your local SENDIASS knows what short break services your LA provides and can help you apply.
Carers UK offers advice on respite care and carer rights (helpline: 0808 808 7777).
How our free tool can help
The AI assistant at SEND Parents Help can help you understand your right to short breaks, what to include in your request, and how to challenge a refusal. You can describe your situation and get guidance on what you should be asking for.
You need a break. That’s not weakness.
Caring for a disabled child is one of the hardest things anyone can do. Needing time to rest doesn’t mean you’re not coping. It means you’re human.
Short breaks exist because the system recognises that families can’t do this alone. Your LA has a legal duty to provide them. If you haven’t been offered any, ask. And if the answer is no, challenge it.
Sources and further reading
Legislation and official guidance
- Breaks for Carers of Disabled Children Regulations 2011 (the short breaks duty)
- Children Act 1989, Schedule 2, paragraph 6 (services for disabled children)
- Short breaks: statutory guidance (DfE guidance on the short breaks duty)
Statistics
- Family Resources Survey (caring hours and family circumstances)