PART 3ASSESSING THE NEEDS OF INDIVIDUALS

Assessing adults

I119Duty to assess the needs of an adult for care and support

1

Where it appears to a local authority that an adult may have needs for care and support, the authority must assess—

a

whether the adult does have needs for care and support, and

b

if the adult does, what those needs are.

2

The duty under subsection (1) applies in relation to—

a

an adult who is ordinarily resident in the authority's area, and

b

any other adult who is within the authority's area.

3

The duty under subsection (1) applies regardless of the local authority's view of—

a

the level of the adult's needs for care and support, or

b

the level of the adult's financial resources.

4

In carrying out a needs assessment under this section, the local authority must—

a

seek to identify the outcomes that the adult wishes to achieve in day to day life,

b

assess whether, and if so, to what extent, the provision of—

i

care and support,

ii

preventative services, or

iii

information, advice or assistance,

could contribute to the achievement of those outcomes or otherwise meet needs identified by the assessment, and

c

assess whether, and if so, to what extent, other matters could contribute to the achievement of those outcomes or otherwise meet those needs.

5

A local authority, in carrying out a needs assessment under this section, must involve—

a

the adult, and

b

where feasible, any carer that the adult has.

6

The nature of the needs assessment required by this section is one that the local authority considers proportionate in the circumstances, subject to any requirement in regulations under section 30.