SCHEDULES

SCHEDULE 12Local authority care and support

PART 1Powers and duties of local authorities in England

Assessing needs for care and support

2(1)A local authority does not have to comply with any duties imposed by the following provisions—

(a)section 9 of CA 2014 (assessment of an adult’s needs for care and support);

(b)section 10 of that Act (assessment of a carer’s needs for support);

(c)any regulations made under section 12(1) or (2) of that Act (further provision about assessments under section 9 or 10);

(d)section 12(3) and (4) of that Act (duties to give written records of assessments);

(and accordingly section 11 of that Act (refusal of assessment) does not apply).

(2)A local authority does not have to comply with any duties imposed by section 13 of CA 2014 (determination of whether needs meet the eligibility criteria) or any regulations made under that section.

(3)A local authority does not have to comply with any duties imposed by the following provisions—

(a)sections 58 and 59 of CA 2014 (assessment of a child’s needs for care and support);

(b)sections 60 and 61 of that Act (assessment of a child’s carer’s needs for support);

(c)sections 63 and 64 of that Act (assessment of a young carer’s needs for support);

(d)any regulations made under section 65(1) of that Act (further provision about assessments under sections 58 to 64).

(4)Nothing in this paragraph prevents a local authority from carrying out any assessment, or making any determination, it considers appropriate for the purposes of exercising its functions under section 18, 19, 20 or 62 of CA 2014 (as modified by paragraphs 4 to 6 and 9 of this Schedule).