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The Continuing Care (Scotland) Order 2015

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Welfare assessment — individual cases

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7.—(1) In carrying out a welfare assessment, the local authority must, unless it is not reasonably practicable to do so—

(a)seek and have regard to the views of the eligible person to whom the assessment relates; and

(b)take all reasonable steps to enable the eligible person to attend and participate in any meetings at which a welfare assessment relating to that person is being considered.

(2) The local authority must carry out a welfare assessment in accordance with the written statement published under article 6(1).

(3) The local authority must ensure that—

(a)a written record of the views of the eligible person obtained under paragraph (1)(a) is prepared;

(b)as soon as reasonably practicable, a copy of that written record is made available to the eligible person; and

(c)the written record is taken into account and recorded in the welfare assessment.

(4) In carrying out a welfare assessment, the local authority must consider each of the matters referred to in the Schedule.

(5) In carrying out a welfare assessment, the local authority may seek the views of—

(a)the parents of the eligible person;

(b)any person who is not a parent but has parental responsibilities for an eligible person;

(c)any person who on a day to day basis is the carer for, or provides accommodation for, the eligible person;

(d)the head teacher or principal of any school, college or university attended by the eligible person;

(e)any person providing health care or treatment to the eligible person; and

(f)any other person whose views the local authority, or the eligible person, consider may be relevant,

and the local authority must take into account any such views that have been obtained.

(6) The local authority must ensure that a written record is prepared of the—

(a)information and views obtained in the course of carrying out a welfare assessment;

(b)deliberations at any meeting held in connection with any aspect of a welfare assessment; and

(c)results of a welfare assessment.

(7) The local authority must, as soon as reasonably practicable, provide the eligible person with a copy of the written record of the results of the welfare assessment and must ensure that the contents of that record are explained to the eligible person.

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