26Refusal of a needs assessment for a carer aged 16 or 17E+W
(1)If a carer aged 16 or 17 (or, where applicable, an authorised person) refuses a needs assessment under section 24, the duty under that section to assess the carer's needs does not apply.
(2)If a person with parental responsibility for a carer aged 16 or 17 refuses a needs assessment for the carer under section 24 in circumstances in which the local authority is satisfied that—
(a)the carer lacks capacity to decide whether to refuse to have the assessment, and
(b)there is no authorised person to make the decision on the carer's behalf,
the duty under that section to assess the carer'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 24 in the following cases—
CASE 1 - the local authority is satisfied, in the case of a refusal given by the carer, that the carer lacks capacity to decide whether to refuse to have the assessment;
CASE 2 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that the person lacks capacity to decide whether to refuse the assessment;
CASE 3 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that not having the assessment would not be in the carer's best interests.
(4)Where a local authority has been discharged from its duty under section 24 by a refusal under this section, the duty is re-engaged if—
(a)the carer (or, where applicable, an authorised person) subsequently asks for an assessment,
(b)a person with parental responsibility for the carer subsequently asks for an assessment in the circumstances described in subsection (2), or
(c)the local authority considers that the carer's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the carer, 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 carer's behalf.
Commencement Information
I1S. 26 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)