OpenLegislation

Regulation 3 Matters to which a local authority must have regard in deciding whether an individual would experience substantial difficulty of the kind mentioned in section 67(4) of the ActI1

England and Wales

In deciding whether an individual would experience substantial difficulty of the kind mentioned in section 67(4) of the Act (difficulty in understanding information etc.), a local authority must have regard to—

(a)

any health condition the individual has;

(b)

any learning difficulty the individual has;

(c)

any disability the individual has;

(d)

the degree of complexity of the individual’s circumstances, whether in relation to the individual’s needs for care and support or otherwise;

(e)

where the assessment or planning function is the carrying out of an assessment, whether the individual has previously refused an assessmentf1; and

(f)

whether the individual is experiencing, or at risk of, abuse or neglect.

Annotations

Commencement

I1

Reg. 3 in force at 1.4.2015 in accordance with reg. 1(1)

Footnotes

f1

See sections 11, 28(7), 58(4), 60(3) and 63(4) of the Act.