Social Services and Well-being (Wales) Act 2014

25 Refusal of a needs assessment for an adult carer E+W

(1) If a carer who is an adult (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) But a refusal under subsection (1) 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—

  (a)

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

  (b)

  there is an authorised person to make the decision on the carer's behalf;

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

  (a)

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

  (b)

  there is no authorised person to make the decision on the carer's behalf, and

  (c)

  having the assessment would be in the carer's best interests.

(3) 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, or

(b) the local authority considers that the carer'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 carer's behalf.

Commencement Information

I1 S. 25 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)