Regulation 5 Requests for review of plansI1

England and Wales

(1)

The following persons may request a review of a care and support plan or support plan (as the case may be)—

(a)

where the plan relates to meeting the needs of an adult (including the needs of an adult carer)—

(i)

the adult, and

(ii)

any person authorised to act on behalf of the adult;

(b)

where the plan relates to meeting the needs of a child (including the needs of a child carer)—

(i)

the child,

(ii)

any person with parental responsibility for the child, and

(iii)

any person authorised to act on behalf of the child.

(2)

The local authority must comply with the request if it is satisfied that the plan is not meeting the eligible needs of the person to whom the plan relates.

(3)

The local authority may refuse to comply with the request if it is satisfied that the plan is meeting the eligible needs of the person to whom the plan relates.

(4)

In this regulation, and in regulations 7 and 8, a person is authorised to act on behalf of an adult or a child if—

(a)

the adult or the child has requested the person to act on their behalf, or

(b)

the adult or child lacks capacity and the person is authorised under the Mental Capacity Act 2005^f1 (whether in general or in specific terms) to make decisions about how the person’s needs are to be met.

Regulation 5 Requests for review of plansI1

Annotations

Commencement

Footnotes