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Care Act 2014

Section 11 – Refusal of assessment

103.This section sets out what is to happen where an adult or a carer refuses to have a needs or carer’s assessment.

104.Normally if an adult refuses a needs assessment or a carer’s assessment, the local authority need not carry it out.

105.However, the section specifies that there are two situations in which the local authority must carry out a needs assessment even if the adult refuses an assessment:

a)

if the adult lacks the capacity to agree to an assessment but the local authority is satisfied that an assessment would be in their best interests; and

b)

if the adult is at risk of harm or financial abuse.

106.Where a person has refused a needs assessment or carer’s assessment and the local authority thinks the circumstances have changed, the duty to carry out an assessment applies, unless the person continues to refuse.

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