Social Services and Well-being (Wales) Act 2014 (anaw4)

PART 3 E+W ASSESSING THE NEEDS OF INDIVIDUALS

Assessing children E+W

23 Refusal of a needs assessment for a child aged under 16 E+W

(1) If—

(a) a child aged under 16 refuses a needs assessment under section 21, and

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

the duty under that section to assess the child's needs does not apply.

(2) If a person with parental responsibility for a child aged under 16 refuses a needs assessment for that child under section 21, the duty under that section to assess the child'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 21 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 child, 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 child, that the child—

  (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 child;

• CASE 3 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the child, that not having the assessment would be inconsistent with the child's well-being;

• CASE 4 – the local authority suspects that the child is experiencing or at risk of abuse, neglect or other kinds of harm.

(4) Where a local authority has been discharged from its duty under section 21 by a refusal under this section, the duty is re-engaged if—

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

(b) a person with parental responsibility for the child subsequently asks for an assessment, or

(c) the local authority considers that the child's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the child, have changed,

(subject to any further refusal under this section).

Commencement Information

I1 S. 23 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)