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The Care and Support (Assessment) (Wales) Regulations 2015

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6.—(1) Where the assessment is of an adult’s needs (including the needs of an adult carer), the local authority must offer to give a copy of the record to—

(i)the adult,

(ii)any person authorised to act on behalf of the adult, and

(iii)where the adult lacks capacity to be able to request a person to act on their behalf and there is no person authorised to act on their behalf, any person who the local authority considers to be acting in the best interests of the adult.

(2) Where the assessment is of a child’s needs (including the needs of a child carer), the local authority must offer to give a copy of the record to—

(i)the child,

(ii)any person with parental responsibility for the child, unless doing so would be inconsistent with the child’s well-being,

(iii)any person authorised to act on behalf of the child, and

(iv)where the child lacks capacity or is not competent to request a person to act on their behalf and there is no person authorised to act on their behalf, any person who the local authority considers to be acting in the best interests of the child.

(3) In this regulation and in regulation 7, a person is authorised to act on behalf of an adult or a child if—

(a)the adult or the child has requested the person to act on their behalf, or

(b)the adult or child lacks capacity and the person is authorised under the Mental Capacity Act 2005 (whether in general or in specific terms) to make decisions about the assessment of the person’s needs.

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