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PART 3E+WASSESSING THE NEEDS OF INDIVIDUALS

Assessing childrenE+W

22Refusal of a needs assessment for a child aged 16 or 17E+W

(1)If a child aged 16 or 17 (or, where applicable, an authorised person) refuses a needs assessment under section 21, the duty under that section to assess the child's needs does not apply.

(2)If a person with parental responsibility for a child aged 16 or 17 refuses a needs assessment for that child under section 21 in circumstances in which the local authority is satisfied that—

(a)the child lacks capacity to decide whether to refuse to have the assessment, and

(b)there is no authorised person to make the decision on the child's behalf,

the duty under that section to assess the child's needs does not apply.

(3)But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 21 in the following cases—

(4)Where a local authority has been discharged from its duty under section 21 by a refusal under this section, the duty is re-engaged if—

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

(b)a person with parental responsibility for the child subsequently asks for an assessment in the circumstances described in subsection (2), or

(c)the local authority considers that the child's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the child, have changed,

(subject to any further refusal under this section).

(5)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 child's behalf.

Commencement Information

I1S. 22 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)