Section 228 Request for assessment of needs: duty on local authorities and Health BoardsI1

(1)

Where—

(a)

a—

(i)

local authority receive a request in writing for the needs of a person to be assessed under section 12A(1)(a) of the Social Work (Scotland) Act 1968 (c. 49); or

(ii)

Health Board receives a request in writing for the needs of a person for services which are provided by Health Boards in respect of mentally disordered persons to be assessed; and

(b)

any of the circumstances mentioned in paragraphs (a) to (c) of subsection (2) below apply,

the authority or, as the case may be, the Board shall comply with the requirement in subsection (3) below.

(2)

The circumstances referred to in subsection (1)(b) above are—

(a)

that the request bears—

(i)

to be made by a mentally disordered person; and

(ii)

to be a request for the needs of that person to be assessed;

(b)

that the request bears—

(i)

to be made by the primary carer, or named person, of a mentally disordered person; and

(ii)

to be a request for the needs of the mentally disordered person to be assessed; and

(c)

though the request does not bear to be made as mentioned in paragraph (a) or (b) above, it appears to the local authority or, as the case may be, the Health Board that the request—

(i)

is a request for the needs of a mentally disordered person to be assessed; and

(ii)

is made by that person, or by that person’s primary carer or named person.

(3)

The requirement referred to in subsection (1) above is to give notice, before the expiry of the period of 14 days beginning with the day on which the request is received, to the person who made the request—

(a)

of whether—

(i)

the local authority intend; or

(ii)

the Health Board intends,

to undertake the assessment; and

(b)

if the intention is not to undertake the assessment, of the reason why that is the case.

Annotations

Commencement

I1: S. 228 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)