Regulation 5 Duty to consult and take other steps for persons without capacityI1

England and Wales

Before considering whether direct payments are an appropriate way of meeting the needs of A where A is an adult without capacity, a local authority must—

(a)

consult—

(i)

anyone named by A as someone to be consulted on the issue;

(ii)

anyone engaged in caring for A or with a significant interest in A’s welfare;

(iii)

P; and

(iv)

a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A’s needs for care and support;

(b)

where A is an adult who previously had capacity, consider, so far as reasonably practicable—

(i)

A’s past and present views, wishes and feelings and, in particular, any relevant written statement made by A while still with capacity;

(ii)

the beliefs and values which would be likely to influence A’s decision; and

(iii)

any other relevant factors that A would in the local authority’s view be likely to consider, if able to do so; and

(c)

obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997^f1 in respect of P where P is an individual but is neither a relative of A nor a friend of A who is involved in A’s care.

Regulation 5 Duty to consult and take other steps for persons without capacityI1

Annotations

Commencement

Footnotes