Social Services and Well-being (Wales) Act 2014

Assessing adults

19 Duty 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.

20 Refusal of a needs assessment for an adult

(1) If an adult (or, where applicable, an authorised person) refuses a needs assessment under section 19, the duty under that section to assess the adult’s needs does not apply.

(2) But a refusal under subsection (1) does not discharge a local authority from its duty under section 19 in the following cases—

• CASE 1 - the local authority is satisfied, in the case of a refusal given by the adult, that—

  (a)

  the adult lacks capacity to decide whether to refuse to have the assessment, but

  (b)

  there is an authorised person to make the decision on the adult’s behalf;

• CASE 2 - the local authority is satisfied, in the case of a refusal given by the adult, that—

  (a)

  the adult lacks capacity to decide whether to refuse to have the assessment,

  (b)

  there is no authorised person to make the decision on the adult’s behalf, and

  (c)

  having the assessment would be in the adult’s best interests;

• CASE 3 - the local authority suspects that the adult is experiencing or at risk of abuse or neglect.

(3) Where a local authority has been discharged from its duty under section 19 by a refusal under this section, the duty is re-engaged if—

(a) the adult (or, where applicable, an authorised person) subsequently asks for an assessment, or

(b) the local authority considers that the adult’s needs or circumstances have changed,

(subject to any further refusal under this section).

(4) In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the adult’s behalf.