Commentary on Sections

Section 6 - Other overarching duties: general

8.Section 6 gives effect to certain key principles by setting out the matters to which a person must have regard when exercising functions under the Act in relation to certain individuals. Subsection (1) makes clear that the duty to have regard to these matters applies at the point when a person is being assessed as to whether they have needs for care and support (or needs for support in the case of carer), as well as when it has been determined that the person has such needs. The duty to have regard to these matters also applies where a person is exercising functions under Part 6 of the Act. Such functions could be exercised in relation to a looked after child or in relation to other children and young people, for example care leavers.

9.Subsection (2) sets out matters to which a person must have regard when exercising functions under the Act in relation to the individuals listed in subsection (1).

10.Subsections (3) and (4) set out additional matters to which a person must have regard when exercising functions under the Act in relation to adults and children respectively.