PART 3ASSESSING THE NEEDS OF INDIVIDUALS
Assessing adults
I120Refusal of a needs assessment for an adult
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;
- a
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;
- a
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.