Supported self-assessment
2.—(1) A supported self-assessment is an assessment carried out jointly by the local authority(1) and the individual to whom it relates.
(2) A local authority proposing to carry out an assessment must ascertain whether the individual to whom the assessment is to relate wishes the assessment to be a supported self-assessment.
(3) A supported self-assessment must be carried out if the individual concerned is an adult and—
(a)wishes the assessment to be a supported self-assessment; and
(b)has the capacity(2) to take part in a supported self-assessment.
(4) A supported self-assessment may be carried out if the individual concerned is a child and—
(a)wishes the assessment to be a supported self-assessment;
(b)has the capacity, and is competent, to take part in a supported self-assessment; and
(c)the local authority believes it appropriate for a self-supported assessment to be carried out having regard to all the circumstances.
(5) To facilitate the carrying out of the assessment a local authority must provide an individual taking part in a supported self-assessment with any relevant information it may have—
(a)about that individual; and
(b)providing the consent condition in paragraph (6) is met, in the case of—
(i)a carer’s assessment, about the adult needing care(3);
(ii)a child’s carer’s assessment, about the child needing care;
(iii)a young carer’s assessment, about the adult needing care, if the local authority believes it is appropriate for the young carer to have that information having regard to all the circumstances.
(6) The consent condition referred to in paragraph (5)(b) is met if—
(a)the adult or child needing care has capacity or is competent to agree to the information in paragraph (5)(b) being provided and does so agree, or
(b)the adult or child needing care does not have capacity or is not competent so to agree but the local authority is satisfied that providing the information in paragraph (5)(b) would be in the best interests of the adult or child needing care.
(7) The information must be provided in a format which is accessible to the individual to whom it is given.
See section 1(4) of the Act for the meaning of “local authority”; the definition is limited to local authorities in England.
A reference to having or lacking capacity is to be interpreted in accordance with the Mental Capacity Act 2005 (c.9), see section 80(2) of the Act.
See section 10(3) of the Act for the meaning of “adult needing care”.