Section 19 Duty to assess the needs of an adult for care and supportI1

England and Wales

(1)

Where it appears to a local authority that an adult may have needs for care and support, the authority must assess—

(a)

whether the adult does have needs for care and support, and

(b)

if the adult does, what those needs are.

(2)

The duty under subsection (1) applies in relation to—

(a)

an adult who is ordinarily resident in the authority's area, and

(b)

any other adult who is within the authority's area.

(3)

The duty under subsection (1) applies regardless of the local authority's view of—

(a)

the level of the adult's needs for care and support, or

(b)

the level of the adult's financial resources.

(4)

In carrying out a needs assessment under this section, the local authority must—

(a)

seek to identify the outcomes that the adult wishes to achieve in day to day life,

(b)

assess whether, and if so, to what extent, the provision of—

(i)

care and support,

(ii)

preventative services, or

(iii)

information, advice or assistance,

could contribute to the achievement of those outcomes or otherwise meet needs identified by the assessment, and

(c)

assess whether, and if so, to what extent, other matters could contribute to the achievement of those outcomes or otherwise meet those needs.

(5)

A local authority, in carrying out a needs assessment under this section, must involve—

(a)

the adult, and

(b)

where feasible, any carer that the adult has.

(6)

The nature of the needs assessment required by this section is one that the local authority considers proportionate in the circumstances, subject to any requirement in regulations under section 30.

Annotations

Commencement

I1: S. 19 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)