PART 3ASSESSING THE NEEDS OF INDIVIDUALS

Assessing carers

26Refusal of a needs assessment for a carer aged 16 or 17

1

If a carer aged 16 or 17 (or, where applicable, an authorised person) refuses a needs assessment under section 24, the duty under that section to assess the carer’s needs does not apply.

2

If a person with parental responsibility for a carer aged 16 or 17 refuses a needs assessment for the carer under section 24 in circumstances in which the local authority is satisfied that—

a

the carer lacks capacity to decide whether to refuse to have the assessment, and

b

there is no authorised person to make the decision on the carer’s behalf,

the duty under that section to assess the carer’s needs does not apply.

3

But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 24 in the following cases—

  • CASE 1 - the local authority is satisfied, in the case of a refusal given by the carer, that the carer lacks capacity to decide whether to refuse to have the assessment;

  • CASE 2 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that the person lacks capacity to decide whether to refuse the assessment;

  • CASE 3 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that not having the assessment would not be in the carer’s best interests.

4

Where a local authority has been discharged from its duty under section 24 by a refusal under this section, the duty is re-engaged if—

a

the carer (or, where applicable, an authorised person) subsequently asks for an assessment,

b

a person with parental responsibility for the carer subsequently asks for an assessment in the circumstances described in subsection (2), or

c

the local authority considers that the carer’s needs or circumstances, or the needs or circumstances of a person with parental responsibility for the carer, have changed,

(subject to any further refusal under this section).

5

In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the carer’s behalf.