Coronavirus Act 2020

16 Duty of local authority to assess needs: Scotland

(1) A local authority need not comply with a provision mentioned in subsection (2) to the extent that the authority considers that—

(a) it would not be practical to comply with that provision, or

(b) to do so would cause unnecessary delay in providing community care services to any person.

(2) The provisions are—

(a) section 12A of the 1968 Act (duty of local authority to assess needs);

(b) section 1 of the 2013 Act (general principles regarding provision of social care), insofar as it relates to Part 2 of the 1968 Act.

(3) A local authority need not comply with a provision mentioned in subsection (4) to the extent that it considers that—

(a) it would not be practical to comply with that provision, or

(b) to do so would cause unnecessary delay in providing support to any person under section 24 of the 2016 Act (duty to provide support).

(4) The provisions are—

(a) section 6 of the 2016 Act (duty to prepare adult carer support plan);

(b) regulation 2(1) of the 2018 Regulations (identification of adult carer’s outcomes and needs for support);

(c) section 12 of the 2016 Act (duty to prepare young carer statement);

(d) regulation 3(1) of the 2018 Regulations (identification of young carer’s outcomes and needs for support);

(e) section 1 of the 2013 Act, insofar as it relates to Part 2 or 3 of the 2016 Act.

(5) Subsection (6) applies where, in reliance on subsection (3), a local authority does not comply with regulation 2(1) or 3(1) of the 2018 Regulations in relation to a person.

(6) Section 24 of the 2016 Act applies in relation to the person as if any reference in that section to a person’s identified needs were a reference to the person’s needs for support in order to enable the person to provide or continue to provide care for a cared-for person.

(7) A local authority need not comply with a provision mentioned in subsection (8) to the extent that the authority considers that—

(a) it would not be practical to comply with that provision, or

(b) to do so would cause unnecessary delay in providing services to any child under section 22(1) of the 1995 Act (promotion of welfare of children in need).

(8) The provisions are—

(a) section 23(3) of the 1995 Act (duty to assess needs of child affected by disability);

(b) section 1 of the 2013 Act, insofar as it relates to section 22 or 23 of the 1995 Act.

(9) A local authority need not comply with section 29(5) of the 1995 Act (duty to assess needs of person who was looked after by the authority) to the extent that the authority considers that—

(a) it would not be practical to comply with that provision, or

(b) to do so would cause unnecessary delay in providing advice, guidance or assistance to any person under section 29(1) or (5A) of the 1995 Act (after care for person who was looked after by the authority).

(10) Subsection (11) applies where, in reliance on subsection (9), a local authority does not carry out an assessment under section 29(5) of the 1995 Act in relation to a person who has made an application to the authority under section 29(2) of that Act.

(11) Section 29(5A) of the 1995 Act applies in relation to the person as if the authority had carried out the assessment.

(12) Subsection (1), (3), (7) or (9) applies in relation to a duty arising before the commencement day as it applies in relation to a duty arising on or after that day.

(13) In subsection (12), “the commencement day”, in relation to a subsection, means—

(a) the day on which the subsection comes into force, or

(b) where on any day the operation of the subsection is revived by regulations under section 88(3), that day.

(14) In this section and section 17—

• “1968 Act” means the Social Work (Scotland) Act 1968;

• “1995 Act” means the Children (Scotland) Act 1995;

• “2013 Act” means the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1);

• “2016 Act” means the Carers (Scotland) Act 2016 (asp 9);

• “2018 Regulations” means the Carers (Scotland) Act 2016 (Adult Carers and Young Carers: Identification of Outcomes and Needs for Support) Regulations 2018 (S.S.I. 2018/109);

• “cared-for person” is to be construed in accordance with section 1(1) of the 2016 Act;

• “community care services” has the meaning given by section 12A(8) of the 1968 Act;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.