The Care and Support (Assessment) Regulations 2014

Assessment – general requirements

3.—(1) A local authority must carry out an assessment in a manner which—

(a) is appropriate and proportionate to the needs and circumstances of the individual to whom it relates; and

(b) ensures that the individual is able to participate in the process as effectively as possible.

(2) In seeking to ensure that an assessment is carried out in an appropriate and proportionate manner, a local authority must have regard to—

(a) the wishes and preferences of the individual to whom it relates;

(b) the outcome the individual seeks from the assessment; and

(c) the severity and overall extent of the individual’s needs.

(3) In a case where the level of the individual’s needs fluctuates, the local authority must take into account the individual’s circumstances over such period as it considers necessary to establish accurately the individual’s level of needs.

(4) A local authority must give information about the assessment process—

(a) to the individual whose needs are being assessed; or

(b) in the case of a child’s needs assessment or a young carer’s assessment, if the child or young carer is not competent or lacks capacity to understand the assessment process, to all parents(1) of that child or young carer.

(5) The information must be provided prior to the assessment wherever practicable, and in a format which is accessible to the individual to whom it is given.

(1)

See section 58(6) of the Act for the meaning of “parent”.