If an adult (or, where applicable, an authorised person) refuses a needs assessment under section 19, the duty under that section to assess the adult’s needs does not apply.

But a refusal under subsection (1) does not discharge a local authority from its duty under section 19 in the following cases—

• CASE 1 - the local authority is satisfied, in the case of a refusal given by the adult, that—

  1. a

     the adult lacks capacity to decide whether to refuse to have the assessment, but

  2. b

     there is an authorised person to make the decision on the adult’s behalf;

• CASE 2 - the local authority is satisfied, in the case of a refusal given by the adult, that—

  1. a

     the adult lacks capacity to decide whether to refuse to have the assessment,

  2. b

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

  3. c

     having the assessment would be in the adult’s best interests;

• CASE 3 - the local authority suspects that the adult is experiencing or at risk of abuse or neglect.

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 adult’s behalf.