Social Services and Well-being (Wales) Act 2014

27 Refusal of a needs assessment for a carer aged under 16

(1) If—

(a) a carer aged under 16 refuses a needs assessment under section 24, and

(b) the local authority is satisfied that the carer has sufficient understanding to make an informed decision about the refusal of the assessment,

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 under 16 refuses a needs assessment for the carer under section 24, 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 a person with parental responsibility for the carer, that the person lacks capacity to decide whether to refuse 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 carer—

  (a)

  has sufficient understanding to make an informed decision about the refusal of the assessment, and

  (b)

  does not agree with the refusal given by the person with parental responsibility for the carer;

• 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 be inconsistent with the carer’s well-being.

(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 subsequently asks for an assessment and the local authority is satisfied that the carer has sufficient understanding to make an informed decision about having an assessment,

(b) a person with parental responsibility for the carer subsequently asks for an assessment, 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).