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Version Superseded: 01/07/2022
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Children Act 1989, Section 17ZD is up to date with all changes known to be in force on or before 09 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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(1) A local authority F3 ... must, if the conditions in subsections (3) and (4) are met, assess whether a parent carer within their area has needs for support and, if so, what those needs are.
(2) In this Part “ parent carer ” means a person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility.
(3)The first condition is that—
(a)it appears to the authority that the parent carer may have needs for support, or
(b)the authority receive a request from the parent carer to assess the parent carer's needs for support.
(4)The second condition is that the local authority are satisfied that the disabled child cared for and the disabled child's family are persons for whom they may provide or arrange for the provision of services under section 17.
(5) An assessment under subsection (1) is referred to in this Part as a “ parent carer's needs assessment ”.
(6)Subsection (1) does not apply in relation to a parent carer if the local authority have previously carried out a care-related assessment of the parent carer in relation to the same disabled child cared for.
(7)But subsection (1) does apply (and so a parent carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the parent carer or the disabled child cared for have changed since the last care-related assessment.
(8) “ Care-related assessment ” means—
(a)a parent carer's needs assessment;
(b)an assessment under any of the following—
(i)section 1 of the Carers (Recognition and Services) Act 1995;
(ii)section 6 of the Carers and Disabled Children Act 2000;
(iii)section 4(3) of the Community Care (Delayed Discharges) Act 2003.
[F4(iv)Part 1 of the Care Act 2014.]
(9)A parent carer's needs assessment must include an assessment of whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child, in the light of the parent carer's needs for support, other needs and wishes.
(10)A local authority in carrying out a parent carer's needs assessment must have regard to—
(a)the well-being of the parent carer, and
(b)the need to safeguard and promote the welfare of the disabled child cared for and any other child for whom the parent carer has parental responsibility.
(11) In subsection (10) “ well-being ” has the same meaning as in Part 1 of the Care Act 2014.
(12)A local authority, in carrying out a parent carer's needs assessment, must involve—
(a)the parent carer,
(b)any child for whom the parent carer has parental responsibility, and
(c)any person who the parent carer requests the authority to involve.
(13)A local authority that have carried out a parent carer's needs assessment must give a written record of the assessment to—
(a)the parent carer, and
(b)any person to whom the parent carer requests the authority to give a copy.
(14) A local authority F5 ... must take reasonable steps to identify the extent to which there are parent carers within their area who have needs for support. ]
Textual Amendments
F1Ss. 17ZD-17ZF inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 97(1), 139(6); S.I. 2015/375, art. 2(c)
F2Word in s. 17ZD heading omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 60(c)
F3Words in s. 17ZD(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 60(a)
F4S. 17ZD(8)(b)(iv) added (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 45 (with arts. 1(3), 3)
F5Words in s. 17ZD(14) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 60(b)
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