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In section 23 of the 1995 Act (assessment by local authority of needs of child affected by disability), after subsection (3) there is inserted—
“(4)In determining the needs of a child under subsection (3) above, the local authority shall take account—
(a)where it appears to them that a person (“the carer”) provides a substantial amount of care on a regular basis for the child, or for another person in the child’s family who is being assessed under that subsection, of such care as is being so provided; and
(b)in so far as it is reasonable and practicable to do so, of—
(i)the views of the parent or guardian of the child, and the child; and
(ii)the views of the carer,
provided that the parent, guardian, child or carer in question has a wish, or as the case may be, a capacity, to express a view.”.
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