Social Work (Scotland) Act 1968

Changes over time for: Section 12A

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Changes to legislation:

Social Work (Scotland) Act 1968, Section 12A is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Act power to modify conferred by 1995 c. 36, s. 33A (as inserted) by 2024 asp 5 s. 30(2)
Act power to modify conferred by 2010 asp 8, s. 190(2A) (as substituted) by 2024 asp 5 s. 29(2)(b)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 27(1)(za) inserted by 2023 asp 4 s. 1(5)
s. 29(3)(j) repealed by 2005 asp 3 Sch. 5 para. 1
s. 61B inserted by 2000 asp 4 s. 36 (This amendment not applied to legislation.gov.uk. S. 36 repealed (1.4.2002) without ever being in force by 2001 asp 8, Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13))
s. 62(3)(d) inserted by 2000 asp 4 s. 38(3) (This amendment not applied to legislation.gov.uk. S. 38 repealed (1.4.2002) without ever being in force by 2001 asp 8, Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13))
s. 64A(1)(e) and word inserted by 2000 asp 4 Sch. 5 para. 10 (This amendment not applied to legislation.gov.uk. Sch. 5 para. 10 repealed (1.4.2002) without ever being in force by 2001 asp 8, Sch. 4; S.S.I. 2002/162, art. 2 (with arts. 3-13))
s. 87A inserted by 2007 asp 10 s. 66

[F112A Duty of local authority to assess needs.S

(1)Subject to the provisions of this section, where it appears to a local authority that any person for whom they are under a duty or have a power to provide, or to secure the provision of, community care services may be in need of any such services, the authority—

(a)shall make an assessment of the needs of that person for those services; and

[F2(b)shall then decide, having regard to the results of that assessment, and taking account—

[F3(i)if an adult carer provides, or intends to provide, care for that person, of the care provided by that carer,

(ia)if a young carer provides, or intends to provide, care for that person, of the care provided by that carer,]

(ii)in so far as it is reasonable and practicable to do so, F4... of the views of the person whose needs are being assessed F5... (provided that F6... there is a wish, or as the case may be a capacity, to express a view),

whether the needs of the person being assessed call for the provision of any such services.]

[F7(1A)In subsection (1)(b)(i) and (ia), the reference to the care provided by a carer means—

(a)in the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,

(b)in the case of a young carer who has a young carer statement, the information about that care set out in that statement.

(1B)In—

(a)assessing the needs of a person for services under subsection (1)(a),

(b)deciding under subsection (1)(b) whether those needs call for the provision of any services, and

(c)deciding how any such services are to be provided,

a local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so.]

(2)Before deciding, under subsection (1)(b) of this section, that the needs of any person call for the provision of nursing care, a local authority shall consult a medical practitioner.

(3)If, while they are carrying out their duty under subsection (1) of this section, it appears to a local authority that there may be a need for the provision to any person to whom that subsection applies—

(a)of any services under the National Health Service (Scotland) Act 1978 by the Health Board—

(i)in whose area he is ordinarily resident; or

(ii)in whose area the services to be supplied by the local authority are, or are likely, to be provided; or

(b)of any services which fall within the functions of a housing authority (within the meaning of section 130 (housing) of the Local Government (Scotland) Act 1973) which is not the local authority carrying out the assessment,

the local authority shall so notify that Health Board or housing authority, and shall request information from them as to what services are likely to be made available to that person by that Health Board or housing authority; and, thereafter, in carrying out their said duty, the local authority shall take into account any information received by them in response to that request.

F8(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where a local authority are making an assessment under this section and it appears to them that the person concerned is a disabled person, they shall–

(a) proceed to make such a decision as to the services he requires as is mentioned in section 4 of the Disabled Persons (Services Consultation and Representation) Act M1 1986 without his requesting them to do so under that section; and

(b)inform him that they will be doing so and of his rights under that Act.

(5)Nothing in this section shall prevent a local authority from providing or arranging for the provision of community care services for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency.

(6)If, by virtue of subsection (5) of this section, community care services have been provided for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section.

(7)This section is without prejudice to section 3 of the said Act of 1986.

(8)In this section—

[F11“adult carer” and “adult carer support plan” have the meanings given by the Carers (Scotland) Act 2016,]
[F12“community care services” means services, other than services for children, which a local authority is under a duty or has a power to provide, or to secure the provision of, under—
(a)
Part 2 of this Act; or
(b)
any of the following provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003—
(i)
section 25 (care and support services etc. );
(ii)
section 26 (services designed to promote well-being and social development);
(iii)
section 27 (assistance with travel);]
“disabled person” has the same meaning as in the said Act of 1986; and
“medical practitioner” means a fully registered person within the meaning of section 55 (interpretation) of the Medical Act 1983.
[F13 “person” means a natural person.]
[F14“young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016.]]