PART 4MEETING NEEDS

Plans

I154Care and support plans and support plans

1

Where a local authority is required to meet the needs of a person under section 35 or 37, it must prepare and maintain a care and support plan in relation to that person.

2

Where a local authority is required to meet the needs of a carer under section 40 or 42, it must prepare and maintain a support plan in relation to that carer.

3

A local authority must keep under review the plans that it maintains under this section.

4

Where a local authority is satisfied that the circumstances of the person to whom a plan relates have changed in a way that affects the plan, the authority must—

a

carry out such assessments as it considers appropriate, and

b

revise the plan.

5

Regulations must make provision about—

a

how plans under this section are to be prepared;

b

what a plan is to contain;

c

the review and revision of plans.

6

Regulations under subsection (5)(c) must specify, in particular—

a

the persons who may request a review of a plan (on their own behalf or on behalf of another person);

b

the circumstances in which a local authority—

i

may refuse to comply with a request for a review of a plan, and

ii

may not refuse to do so.

7

When preparing, reviewing or revising a plan under this section, a local authority must involve—

a

in the case of a care and support plan relating to an adult, the adult and, where feasible, any carer that the adult has;

b

in the case of a care and support plan relating to a child, the child and any person with parental responsibility for the child;

c

in the case of a support plan relating to a carer, the carer and, where feasible, the person for whom the carer provides or intends to provide care.

8

The local authority may—

a

prepare, review or revise a plan under this section at the same time as it or another body is preparing, reviewing or revising another document in the case of the person concerned, and

b

include the other document in the plan.

I255Regulations about care and support plans and support plans

Regulations under section 54(5) may, for example—

a

require plans to be in a specified form;

b

require plans to contain specified things;

c

make provision about further persons whom a local authority must involve in the preparation, review or revision of plans;

d

require plans to be prepared, reviewed or revised by specified persons;

e

confer functions on persons specified in the regulations in connection with the preparation, review or revision of plans;

f

specify persons to whom written copies of a plan must be provided (including, in specified cases, the provision of copies without the consent of the person to whom the plan relates);

g

specify further circumstances in which plans must be reviewed.