SCHEDULE 12Local authority care and support
PART 2Powers and duties of local authorities in Wales
Assessing needs for care and support
20
A local authority does not have to comply with any duties imposed by—
(a)
section 19 of SSW(W)A 2014 (duty to assess the needs of an adult for care and support), or
(b)
any regulations made under section 30 of that Act, so far as relating to needs assessments under section 19;
(and accordingly section 20 of that Act (refusal of a needs assessment for an adult) does not apply).
21
In the case of any carer who is an adult, a local authority does not have to comply with any duties imposed by—
(a)
section 24 of SSW(W)A 2014 (duty to assess the needs of a carer for support), or
(b)
any regulations made under section 30 of that Act, so far as relating to needs assessments under section 24;
(and accordingly section 25 of that Act (refusal of a needs assessment for an adult carer) does not apply).
22
(1)
This paragraph applies in the case of any adult (including an adult who is a carer).
(2)
A local authority does not have to comply with any duties imposed by—
(a)
section 32(1)(a) of SSW(W)A 2014 (determination of whether needs meet the eligibility criteria),
(b)
section 32(2)(b) of that Act (determination of charge), or
(c)
any regulations made under subsection (3) of that section.
(3)
The English language text of section 32 of SSW(W)A 2014 has effect as if in subsection (1) there were omitted—
(a)
in the opening words, the words “, on the basis of a needs assessment,”, and
(b)
in paragraph (b), the words “if the needs do not meet the eligibility criteria,” and “nevertheless”.
(4)
The Welsh language text of section 32 of SSW(W)A 2014 has effect as if in subsection (1) there were omitted—
(a)
in the opening words, the words “, ar sail asesiad o anghenion,”, and
(b)
in paragraph (b), the words “os nad yw'r anghenion yn bodloni'r meini prawf cymhwystra,” and “, serch hynny,”.
23
Nothing in paragraph 20, 21 or 22 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 35 or 40 of SSW(W)A 2014 (as modified by paragraphs 26 and 27 of this Schedule).
24
(1)
Sub-paragraph (2) applies where—
(a)
paragraph 20, 21 or 22 has had effect for any period, and
(b)
that period has ended.
(2)
In determining for the purposes of any proceedings whether a local authority has complied with its duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors—
(a)
the length of any period for which paragraph 20, 21 or 22 had effect, and
(b)
the number of relevant assessments which need to be carried out by the local authority following the end of any such period.
(3)
In this paragraph “relevant assessment” means—
(a)
a needs assessment under section 19 of SSW(W)A 2014;
(b)
a needs assessment under section 24 of that Act;
(c)
a determination under section 32(1)(a) of that Act.