PART 3E+WASSESSING THE NEEDS OF INDIVIDUALS

Assessing adultsE+W

20Refusal of a needs assessment for an adultE+W

(1)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.

(2)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—

    (a)

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

    (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—

    (a)

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

    (b)

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

    (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.

(3)Where a local authority has been discharged from its duty under section 19 by a refusal under this section, the duty is re-engaged if—

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

(b)the local authority considers that the adult's needs or circumstances have changed,

(subject to any further refusal under this section).

(4)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.

Modifications etc. (not altering text)

Commencement Information

I1S. 20 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)