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Community Care and Health (Scotland) Act 2002

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10 Amendment of 1995 Act: matters to be taken into account in assessment of needs of child affected by disabilityS

This section has no associated Explanatory Notes

In section 23 of the 1995 Act (assessment by local authority of needs of child affected by disability), after subsection (3) there is inserted—

(4)In determining the needs of a child under subsection (3) above, the local authority shall take account—

(a)where it appears to them that a person (“the carer”) provides a substantial amount of care on a regular basis for the child, or for another person in the child’s family who is being assessed under that subsection, of such care as is being so provided; and

(b)in so far as it is reasonable and practicable to do so, of—

(i)the views of the parent or guardian of the child, and the child; and

(ii)the views of the carer,

provided that the parent, guardian, child or carer in question has a wish, or as the case may be, a capacity, to express a view..

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