Statement by the Delegation of the Russian Federation on the ensuring the linguistic rights of the Russian-speaking population of Lithuania

The general duty of a local authority, in exercising a function under this Part in the case of an individual, is to promote that individual's well-being.

“Well-being”, in relation to an individual, means that individual's well-being so far as relating to any of the following—

In exercising a function under this Part in the case of an individual, a local authority must have regard to the following matters in particular—

“Local authority” means—

A local authority must provide or arrange for the provision of services, facilities or resources, or take other steps, which it considers will—

In performing that duty, a local authority must have regard to—

Regulations may—

The regulations may in particular (in reliance on section 125(7)) make provision by reference to services, facilities or resources which—

A charge under the regulations may cover only the cost that the local authority incurs in providing or arranging for the provision of the service, facility or resource or for taking the other step.

In cases where a local authority performs the duty under subsection (1) jointly with one or more other local authorities in relation to the authorities' combined area—

Sections 21 (exception for persons subject to immigration control), 22 (exception for provision of health services) and 23 (exception for provision of housing etc.) apply in relation to the duty under subsection (1), but with the modifications set out in those sections.

“Adult” means a person aged 18 or over.

A local authority must exercise its functions under this Part with a view to ensuring the integration of care and support provision with health provision and health-related provision where it considers that this would—

“Care and support provision” means—

“Health provision” means provision of health services as part of the health service.

“Health-related provision” means provision of services which may have an effect on the health of individuals but which are not—

For the purposes of this section, the provision of housing is health-related provision.

In section 13N of the National Health Service Act 2006 (duty of NHS Commissioning Board to promote integration), at the end insert—

In section 14Z1 of that Act (duty of clinical commissioning groups to promote integration), at the end insert—

A local authority must establish and maintain a service for providing people in its area with information and advice relating to care and support for adults and support for carers.

The service must provide information and advice on the following matters in particular—

In providing information and advice under this section, a local authority must in particular—

Information and advice provided under this section must be accessible to, and proportionate to the needs of, those for whom it is being provided.

“Independent financial advice” means financial advice provided by a person who is independent of the local authority in question.

In cases where a local authority performs the duty under subsection (1) jointly with one or more other local authorities by establishing and maintaining a service for their combined area—

A local authority must promote the efficient and effective operation of a market in services for meeting care and support needs with a view to ensuring that any person in its area wishing to access services in the market—

In performing that duty, a local authority must have regard to the following matters in particular—

In having regard to the matters mentioned in subsection (2)(b), a local authority must also have regard to the need to ensure that sufficient services are available for meeting the needs for care and support of adults in its area and the needs for support of carers in its area.

In arranging for the provision by persons other than it of services for meeting care and support needs, a local authority must have regard to the importance of promoting the well-being of adults in its area with needs for care and support and the well-being of carers in its area.

In meeting an adult's needs for care and support or a carer's needs for support, a local authority must have regard to its duty under subsection (1).

In cases where a local authority performs the duty under subsection (1) jointly with one or more other local authorities in relation to persons who are in the authorities' combined area—

“Services for meeting care and support needs” means—

The references in subsection (7) to services for meeting needs include a reference to services, facilities or resources the purpose of which is to contribute towards preventing or delaying the development of those needs.

A local authority must co-operate with each of its relevant partners, and each relevant partner must co-operate with the authority, in the exercise of—

A local authority must co-operate, in the exercise of its functions under this Part, with such other persons as it considers appropriate who exercise functions, or are engaged in activities, in the authority's area relating to adults with needs for care and support or relating to carers.

Subsection (1) does not apply in relation to the exercise by NHS England of its functions under Chapter 1 of Part 3.

The following are examples of persons with whom a local authority may consider it appropriate to co-operate for the purposes of subsection (2)—

A local authority must make arrangements for ensuring co-operation between—

The references in subsections (1) and (4)(a) to a local authority's functions include a reference to the authority's functions under sections 58 to 65 (transition for children with needs etc.).

The duties under subsections (1) to (4) are to be performed for the following purposes in particular—

Each of the following is a relevant partner of a local authority—

The reference to an NHS body in a local authority's area is a reference to—

“Prison” has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act).

“Relevant provider of probation services” has the meaning given by section 325 of the Criminal Justice Act 2003.

Where a local authority requests the co-operation of a relevant partner, or of a local authority which is not one of its relevant partners, in the exercise of a function under this Part in the case of an individual with needs for care and support or in the case of a carer, a carer of a child or a young carer, the partner or authority must comply with the request unless it considers that doing so—

Where a relevant partner of a local authority, or a local authority which is not one of its relevant partners, requests the co-operation of the local authority in its exercise of a function in the case of an individual with needs for care and support or in the case of a carer, a carer of a child or a young carer, the local authority must comply with the request unless it considers that doing so—

A person who decides not to comply with a request under subsection (1) or (2) must give the person who made the request written reasons for the decision.

“Relevant partner”, in relation to a local authority, has the same meaning as in section 6.

“Carer of a child” means a person who is a carer for the purposes of section 60.

The following are examples of what may be provided to meet needs under sections 18 to 20—

The following are examples of the ways in which a local authority may meet needs under sections 18 to 20—

“Care home”—

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

An assessment under subsection (1) is referred to in this Part as a “needs assessment”.

The duty to carry out a needs assessment applies regardless of the authority's view of—

A needs assessment must include an assessment of—

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

When carrying out a needs assessment, a local authority must also consider—

This section is subject to section 11(1) to (4) (refusal by adult of assessment).

Where it appears to a local authority that a carer may have needs for support (whether currently or in the future), the authority must assess—

An assessment under subsection (1) is referred to in this Part as a “carer's assessment”.

“Carer” means an adult who provides or intends to provide care for another adult (an “adult needing care”); but see subsections (9) and (10).

The duty to carry out a carer's assessment applies regardless of the authority's view of—

A carer's assessment must include an assessment of—

A local authority, in carrying out a carer's assessment, must have regard to—

A local authority, in carrying out a carer's assessment, must involve—

When carrying out a carer's assessment, a local authority must also consider—

An adult is not to be regarded as a carer if the adult provides or intends to provide care—

But in a case where the local authority considers that the relationship between the adult needing care and the adult providing or intending to provide care is such that it would be appropriate for the latter to be regarded as a carer, that adult is to be regarded as such (and subsection (9) is therefore to be ignored in that case).

The references in this section to providing care include a reference to providing practical or emotional support.

This section is subject to section 11(5) to (7) (refusal by carer of assessment).

Where an adult refuses a needs assessment, the local authority concerned is not required to carry out the assessment (and section 9(1) does not apply in the adult's case).

But the local authority may not rely on subsection (1) (and so must carry out a needs assessment) if—

Where, having refused a needs assessment, an adult requests the assessment, section 9(1) applies in the adult's case (and subsection (1) above does not).

Where an adult has refused a needs assessment and the local authority concerned thinks that the adult's needs or circumstances have changed, section 9(1) applies in the adult's case (but subject to further refusal as mentioned in subsection (1) above).

Where a carer refuses a carer's assessment, the local authority concerned is not required to carry out the assessment (and section 10(1) does not apply in the carer's case).

Where, having refused a carer's assessment, a carer requests the assessment, section 10(1) applies in the carer's case (and subsection (5) above does not).

Where a carer has refused a carer's assessment and the local authority concerned thinks that the needs or circumstances of the carer or the adult needing care have changed, section 10(1) applies in the carer's case (but subject to further refusal as mentioned in subsection (5) above).

Regulations must make further provision about carrying out a needs or carer's assessment; the regulations may, in particular—

The regulations may include provision for facilitating the carrying out of a needs or carer's assessment in circumstances specified under subsection (1)(d) or (e); they may, for example, give the local authority power to provide the person carrying out the assessment—

The local authority must give a written record of a needs assessment to—

The local authority must give a written record of a carer's assessment to—

A local authority may combine a needs or carer's assessment with an assessment it is carrying out (whether or not under this Part) in relation to another person only if the adult to whom the needs or carer's assessment relates agrees and—

The consent condition is met in relation to a child if—

Where a local authority is carrying out a needs or carer's assessment, and there is some other assessment being or about to be carried out in relation to the adult to whom the assessment relates or in relation to a relevant person, the local authority may carry out that other assessment—

A reference to a needs or carer's assessment includes a reference to a needs or carer's assessment (as the case may be) which forms part of a combined assessment under subsection (5).

A reference to an assessment includes a reference to part of an assessment.

“NHS continuing health care” is to be construed in accordance with standing rules under section 6E of the National Health Service Act 2006.

A person is a “relevant person”, in relation to a needs or carer's assessment, if it would be reasonable to combine an assessment relating to that person with the needs or carer's assessment (as mentioned in subsection (5)).

Where a local authority is satisfied on the basis of a needs or carer's assessment that an adult has needs for care and support or that a carer has needs for support, it must determine whether any of the needs meet the eligibility criteria (see subsection (7)).

Having made a determination under subsection (1), the local authority must give the adult concerned a written record of the determination and the reasons for it.

Where at least some of an adult's needs for care and support meet the eligibility criteria, the local authority must—

Where at least some of a carer's needs for support meet the eligibility criteria, the local authority must—

Where none of the needs of the adult concerned meet the eligibility criteria, the local authority must give him or her written advice and information about—

Regulations may make provision about the making of the determination under subsection (1).

Needs meet the eligibility criteria if—

The regulations may, in particular, describe needs by reference to—

A local authority—

The power to make a charge under subsection (1) for meeting needs under section 18 is subject to section 15.

The power to make a charge under subsection (1) for meeting a carer's needs for support under section 20 by providing care and support to the adult needing care may not be exercised so as to charge the carer.

A charge under subsection (1)(a) may cover only the cost that the local authority incurs in meeting the needs to which the charge applies.

Regulations may make provision about the exercise of the power to make a charge under subsection (1).

Regulations may prohibit a local authority from making a charge under subsection (1); and the regulations may (in reliance on section 125(7)) prohibit a local authority from doing so where, for example, the care and support or the support—

A local authority may not make a charge under subsection (1) if the income of the adult concerned would, after deduction of the amount of the charge, fall below such amount as is specified in regulations; and the regulations may in particular (in reliance on section 125(7)) specify—

Regulations under subsection (7) may make provision as to cases or circumstances in which an adult is to be treated as having income that would, or as having income that would not, fall below the amount specified in the regulations if a charge were to be made.

A local authority may not make a charge under section 14 for meeting an adult's needs under section 18 if the total of the costs accrued in meeting the adult's eligible needs after the commencement of this section exceeds the cap on care costs.

The reference to costs accrued in meeting eligible needs is a reference—

An adult's needs are “eligible needs” if, at the time they were met—

The “cap on care costs” is the amount specified as such in regulations; and the regulations may in particular (in reliance on section 125(7))—

The total of the costs accrued in meeting an adult's eligible needs after the commencement of this section (as referred to in subsection (1)) is referred to in this Part as the adult's “accrued costs”.

Where the costs accrued include daily living costs, the amount attributable to the daily living costs is to be disregarded in working out for the purposes of subsection (1) the total of the costs accrued in meeting an adult's eligible needs after the commencement of this section.

Where the cost to a local authority of meeting an adult's needs under section 18 includes daily living costs, and the accrued costs exceed the cap on care costs (with the result that subsection (1) applies), the local authority may nonetheless make a charge to cover the amount attributable to those daily living costs.

For the purposes of this Part, the amount attributable to an adult's daily living costs is the amount specified in, or determined in accordance with, regulations.

Where it appears to the Secretary of State that the level of average earnings in England is different at the end of a review period from what it was at the beginning of that period, the Secretary of State must make regulations under section 15(4) to vary the cap on care costs by the percentage increase or decrease by which that level has changed.

If a variation is made under subsection (1), each adult's accrued costs are to be varied by the same percentage with effect from when the variation itself takes effect (and local authorities must accordingly ensure that care accounts and other records reflect the variation).

The “level of average earnings in England” means the amount which represents the average annual earnings in England estimated in such manner as the Secretary of State thinks fit.

“Review period” means—

The duty under subsection (1) does not restrict the exercise of the power to make regulations under section 15(4).

Where a local authority, having made a determination under section 13(1), thinks that, if it were to meet an adult's needs for care and support, it would charge the adult under section 14(1) for meeting at least some of the needs, it must assess—

Where a local authority thinks that, in meeting an adult's needs for care and support, it would make a charge under section 15(7), it must assess—

Where a local authority, having made a determination under section 13(1), thinks that, if it were to meet a carer's needs for support, it would charge the carer under section 14(1) for meeting at least some of the needs, it must assess—

Where a local authority, having made a determination under section 13(1), thinks that, if it were to meet a carer's needs for support, it would charge the adult needing care under section 14(1) for meeting at least some of the needs, it must assess—

An assessment under this section is referred to in this Part as a “financial assessment”.

A local authority, having carried out a financial assessment, must give a written record of the assessment to the adult to whom it relates.

Regulations must make provision about the carrying out of a financial assessment.

The regulations must make provision as to cases or circumstances in which, if the financial resources of an adult who has needs for care and support (whether in terms of income, capital or a combination of both) exceed a specified level, a local authority is not permitted to, or may (but need not)—

The regulations must make provision as to cases or circumstances in which, if the financial resources of a carer who has needs for support or of the adult needing care (whether in terms of income, capital or a combination of both) exceed a specified level, a local authority is not permitted to, or may (but need not), pay towards the cost of the provision of support for the carer.

The level specified for the purposes of subsections (8) and (9) is referred to in this Part as “the financial limit”; and the regulations may in particular (in reliance on section 125(7)) specify—

The regulations must make provision for—

The regulations may make provision—

The regulations may make provision as to cases or circumstances in which a local authority is to be treated as—

A local authority, having made a determination under section 13(1), must meet the adult's needs for care and support which meet the eligibility criteria if—

Condition 1 is met if the local authority is satisfied on the basis of the financial assessment it carried out that the adult's financial resources are at or below the financial limit.

Condition 2 is met if—

Condition 3 is met if—

A local authority, having made a determination under section 13(1), must meet the adult's needs for care and support which meet the eligibility criteria if—

The reference in subsection (1) to there being no charge under section 14 for meeting an adult's needs for care and support is a reference to there being no such charge because—

The duties under subsections (1) and (5) do not apply to such of the adult's needs as are being met by a carer.

A local authority, having carried out a needs assessment and (if required to do so) a financial assessment, may meet an adult's needs for care and support if—

A local authority, having made a determination under section 13(1), may meet an adult's needs for care and support which meet the eligibility criteria if—

A local authority may meet an adult's needs for care and support which appear to it to be urgent (regardless of whether the adult is ordinarily resident in its area) without having yet—

A local authority may meet an adult's needs under subsection (3) where, for example, the adult is terminally ill (within the meaning given in section 82(4) of the Welfare Reform Act 2012).

The reference in subsection (2) to there being no charge under section 14 for meeting an adult's needs is to be construed in accordance with section 18(6).

A local authority, having made a determination under section 13(1), must meet a carer's needs for support which meet the eligibility criteria if—

Condition 1 is met if the local authority is satisfied on the basis of the financial assessment it carried out that the carer's financial resources are at or below the financial limit.

Condition 2 is met if—

Condition 3 is met if—

Condition 4 is met if—

A local authority may meet a carer's needs for support if it is satisfied that it is not required to meet the carer's needs under this section; but, in so far as meeting the carer's needs involves the provision of care and support to the adult needing care, it may do so only if the adult needing care agrees to the needs being met in that way.

A local authority may meet some or all of a carer's needs for support in a way which involves the provision of care and support to the adult needing care, even if the authority would not be required to meet the adult's needs for care and support under section 18.

Where a local authority is required by this section to meet some or all of a carer's needs for support but it does not prove feasible for it to do so by providing care and support to the adult needing care, it must, so far as it is feasible to do so, identify some other way in which to do so.

The reference in subsection (1)(b) to there being no charge under section 14 for meeting a carer's needs for support is a reference to there being no such charge because—

The reference in subsection (1)(c) to there being no charge under section 14 for meeting an adult's needs for care and support is to be construed in accordance with section 18(6).

A local authority may not meet the needs for care and support of an adult to whom section 115 of the Immigration and Asylum Act 1999 (“the 1999 Act”) (exclusion from benefits) applies and whose needs for care and support have arisen solely—

For the purposes of subsection (1), section 95(2) to (7) of the 1999 Act applies but with the references in section 95(4) and (5) to the Secretary of State being read as references to the local authority in question.

But, until the commencement of section 44(6) of the Nationality, Immigration and Asylum Act 2002, subsection (2) is to have effect as if it read as follows—

The reference in subsection (1) to meeting an adult's needs for care and support includes a reference to providing care and support to the adult in order to meet a carer's needs for support.

For the purposes of its application in relation to the duty in section 2(1) (preventing needs for care and support), this section is to be read as if—

A local authority may not meet needs under sections 18 to 20 by providing or arranging for the provision of a service or facility that is required to be provided under the National Health Service Act 2006 unless—

Regulations may specify—

A local authority may not meet needs under sections 18 to 20 by providing or arranging for the provision of nursing care by a registered nurse.

But a local authority may, despite the prohibitions in subsections (1) and (3), arrange for the provision of accommodation together with the provision of nursing care by a registered nurse if—

In a case to which subsection (4)(b) applies, as soon as is feasible after the temporary arrangements are made, the local authority must seek to obtain the consent mentioned in subsection (4)(a).

Regulations may require a local authority—

Nothing in this section affects what a local authority may do under the National Health Service Act 2006, including entering into arrangements under regulations under section 75 of that Act (arrangements with NHS bodies).

A reference to the provision of nursing care by a registered nurse is a reference to the provision by a registered nurse of a service involving— other than a service which, having regard to its nature and the circumstances in which it is provided, does not need to be provided by a registered nurse.

Where, in a case within subsection (4), NHS England has responsibility for arranging for the provision of the nursing care, the reference in paragraph (a) of that subsection to an integrated care board is to be read as a reference to NHS England.

For the purposes of its application in relation to the duty in section 2(1) (preventing needs for care and support), this section is to be read as if references to meeting needs under sections 18 to 20 were references to performing the duty under section 2(1).

A local authority may not meet needs under sections 18 to 20 by doing anything which it or another local authority is required to do under—

“Another local authority” includes a district council for an area in England for which there is also a county council.

For the purposes of its application in relation to the duty in section 2(1) (preventing needs for care and support), this section is to be read as if, in subsection (1), for “meet needs under sections 18 to 20” there were substituted “ perform the duty under section 2(1) ”.

Where a local authority is required to meet needs under section 18 or 20(1), or decides to do so under section 19(1) or (2) or 20(6), it must—

Where a local authority has carried out a needs or carer's assessment but is not required to meet needs under section 18 or 20(1), and does not decide to do so under section 19(1) or (2) or 20(6), it must give the adult concerned—

Where a local authority is not going to meet an adult's needs for care and support, it must nonetheless prepare an independent personal budget for the adult (see section 28) if—

A care and support plan or, in the case of a carer, a support plan is a document prepared by a local authority which—

Where some or all of the needs are to be met by making direct payments, the plan must also specify—

In preparing a care and support plan, the local authority must involve—

In preparing a support plan, the local authority must involve—

In performing the duty under subsection (3)(a) or (4)(a), the local authority must take all reasonable steps to reach agreement with the adult or carer for whom the plan is being prepared about how the authority should meet the needs in question.

In seeking to ensure that the plan is proportionate to the needs to be met, the local authority must have regard in particular—

The local authority may authorise a person (including the person for whom the plan is to be prepared) to prepare the plan jointly with the authority.

The local authority may do things to facilitate the preparation of the plan in a case within subsection (7); it may, for example, provide a person authorised under that subsection with—

The local authority must give a copy of a care and support plan to—

The local authority must give a copy of a support plan to—

A local authority may combine a care and support plan or a support plan with a plan (whether or not prepared by it and whether or not under this Part) relating to another person only if the adult for whom the care and support plan or the support plan is being prepared agrees and—

The consent condition is met in relation to a child if—

Regulations may specify cases or circumstances in which such of paragraphs (a) to (f) of subsection (1) and paragraphs (a) and (b) of subsection (2) as are specified do not apply.

The regulations may in particular specify that the paragraphs in question do not apply as regards specified needs or matters.

A personal budget for an adult is a statement which specifies—

In the case of an adult with needs for care and support which the local authority is required to meet under section 18, the personal budget must also specify—

A personal budget for an adult may also specify other amounts of public money that are available in the adult's case including, for example, amounts available for spending on matters relating to housing, health care or welfare.

Regulations may make provision for excluding costs to a local authority from a personal budget if the costs are incurred in meeting needs for which the authority—

A local authority must—

A local authority may revise a care and support plan; and in deciding whether or how to do so, it—

A local authority may revise a support plan; and in deciding whether or how to do so, it—

Where a local authority is satisfied that circumstances have changed in a way that affects a care and support plan or a support plan, the authority must—

Where, in a case within subsection (4), the local authority is proposing to change how it meets the needs in question, it must, in performing the duty under subsection (2)(b)(i) or (3)(b)(i), take all reasonable steps to reach agreement with the adult concerned about how it should meet those needs.

An independent personal budget is a statement which specifies what the cost would be to the local authority concerned (see section 24(3)) of meeting the adult's eligible needs for care and support.

Where the amount referred to in subsection (1) includes daily living costs, the independent personal budget for the adult must specify—

An adult's needs are “eligible needs” if, at the time they were met—

A local authority must—

A local authority may revise an independent personal budget; and in deciding whether or how to do so, it must, in so far as it is feasible to do so, involve—

Where a local authority is satisfied that the circumstances of the adult to whom an independent personal budget applies have changed in a way that affects the independent personal budget, the authority must—

Where, in a case within subsection (6), an adult refuses a needs assessment and the local authority thinks that the adult's refusal is unreasonable, it need no longer keep an up-to-date care account in the adult's case.

Having reviewed an independent personal budget, a local authority must—

Where an adult has needs for care and support which meet the eligibility criteria, the local authority in whose area the adult is ordinarily resident or, if the adult is of no settled residence, in whose area the adult is present—

Where a local authority which has been keeping a care account is no longer required to do so, it must nonetheless retain the account that it has kept so far until—

A care account must specify such amount as is attributable to the adult's daily living costs.

A local authority which is keeping a care account must, at such times as regulations may specify, provide the adult concerned with a statement which—

Regulations may specify circumstances in which the duty under subsection (4) does not apply.

Regulations may provide that where— the local authority must provide or arrange for the provision of the preferred accommodation.

The regulations may provide for the adult or a person of a specified description to pay for some or all of the additional cost in specified cases or circumstances.

“Additional cost” means the cost of providing or arranging for the provision of the preferred accommodation less that part of the amount specified in the personal budget for the purposes of section 26(1)(a) that relates to the provision of accommodation of that type.

This section applies where—

If conditions 1 to 4 are met, the local authority must, subject to regulations under section 33, make the payments to which the request relates to the adult or nominated person.

A payment under this section is referred to in this Part as a “direct payment”.

Condition 1 is that—

Condition 2 is that—

Condition 3 is that the local authority is satisfied that the adult or nominated person is capable of managing direct payments—

Condition 4 is that the local authority is satisfied that making direct payments to the adult or nominated person is an appropriate way to meet the needs in question.

This section applies where—

If conditions 1 to 5 are met, the local authority must, subject to regulations under section 33, make the payments to which the request relates to the authorised person.

A payment under this section is referred to in this Part as a “direct payment”.

A person is authorised for the purposes of this section if—

Condition 1 is that, where the authorised person is not authorised as mentioned in subsection (4)(a) but there is at least one person who is so authorised, a person who is so authorised supports the authorised person's request.

Condition 2 is that—

Condition 3 is that the local authority is satisfied that the authorised person will act in the adult's best interests in arranging for the provision of the care and support for which the direct payments under this section would be used.

Condition 4 is that the local authority is satisfied that the authorised person is capable of managing direct payments—

Condition 5 is that the local authority is satisfied that making direct payments to the authorised person is an appropriate way to meet the needs in question.

Regulations must make further provision about direct payments.

The regulations may, in particular, specify—

A direct payment is made on condition that it be used only to pay for arrangements under which the needs specified under section 25(2)(a) in the care and support plan or (as the case may be) the support plan are met.

In a case where one or more of conditions 1 to 4 in section 31 is no longer met or one or more of conditions 1 to 5 in section 32 is no longer met, the local authority must terminate the making of direct payments.

In a case where a condition specified under subsection (2)(b) or the condition mentioned in subsection (3) is breached, the local authority—

Regulations may, in such cases or circumstances and subject to such conditions as may be specified, require or permit a local authority to enter into a deferred payment agreement with an adult.

A “deferred payment agreement” is an agreement under which a local authority agrees not to require until the specified time either or both of the following—

The care and support mentioned in subsection (2)(b) includes care and support the provision of which—

Regulations under subsection (1) may, in particular, prohibit a local authority from entering into, or permit it to refuse to enter into, a deferred payment agreement unless it obtains adequate security for the payment of the adult's deferred amount.

Regulations may specify what constitutes adequate security for the purposes of subsection (4); they may, for example, specify—

A reference in this section or section 35 to an adult's deferred amount, in relation to a deferred payment agreement, is a reference to the amount of which the local authority agrees not to require payment or repayment until the specified time.

“Specified”, in relation to a time or a part of an amount or loan, means specified in or determined in accordance with regulations; and the specified part of an amount or loan may be 100%.

This section applies in relation to an agreement under which a local authority agrees to make a loan to an adult for the purpose of assisting the adult to obtain the provision of care and support for the adult as it applies in relation to a deferred payment agreement; and for that purpose—

Regulations may require or permit a local authority to charge—

The regulations may specify costs which are, or which are not, to be regarded as administrative costs for the purposes of subsection (1)(b).

The regulations may—

The authority may not charge interest under regulations made under subsection (1) or under a deferred payment agreement at a rate that exceeds the rate specified in or determined in accordance with the regulations; the regulations may, for example, provide for a rate to be determined by reference to a specified interest rate or other specified criterion.

The regulations must enable the adult to terminate a deferred payment agreement by—

The regulations may make other provision about the duration of a deferred payment agreement and for its termination by either party.

The regulations may make provision as to the rights and obligations of the authority and the adult where the adult disposes of any legal or beneficial interest in a property to which a deferred payment agreement relates and acquires a legal or beneficial interest in another property (whether or not it is in the area of that authority); they may, for example, make provision—

The regulations may—

The regulations may make provision for the purpose of enabling local authorities to protect (for example, by registration) or enforce security obtained for the payment of the adult's deferred amount or the payment of any interest or other amount referred to in subsection (1); and, for that purpose, the regulations may amend, repeal, or revoke an enactment, or provide for an enactment to apply with specified modifications.

This section applies in relation to an agreement of the kind mentioned in section 34(8) as it applies in relation to a deferred payment agreement; and for that purpose—

Regulations may, in such cases or circumstances and subject to such conditions as may be specified, require or permit a local authority to enter into alternative financial arrangements of a specified description with an adult.

“Alternative financial arrangements” means arrangements which in the Secretary of State's opinion—

The regulations may make provision in connection with alternative financial arrangements to which they apply, including, in particular, provision of the kind that may (or must) be made in regulations under section 34 or 35 (apart from provision for the payment of interest).

This section applies where—

This section also applies where—

This section also applies where—

The second authority must—

The first authority, having received the notification under subsection (4)(b), must provide the second authority with—

The second authority must—

In carrying out an assessment under subsection (6)(a) or (b), the second authority must have regard to the care and support plan provided under subsection (5)(a) or (as the case may be) the support plan provided under subsection (5)(e).

This Part—

Pending the adult's move, the first authority must keep in contact with the second authority in order to ascertain the progress that the second authority is making in preparing to meet—

The first authority must keep the adult (and, where applicable, the carer) informed about its contact under subsection (9) with the second authority and must involve the adult (and, where applicable, the carer) in the contact.

Where the needs identified by an assessment under subsection (6)(a) carried out by the second authority are different from those specified in the care and support plan provided under subsection (5)(a), the second authority must provide a written explanation of the difference to—

Where the cost to the second authority of meeting the adult's eligible needs is different from the cost to the first authority of doing so, the second authority must provide a written explanation of the difference to—

Where the needs identified by an assessment under subsection (6)(b) carried out by the second authority are different from those in the support plan provided under subsection (5)(e), the second authority must provide a written explanation of the difference to—

Regulations may specify steps which a local authority must take for the purpose of being satisfied as mentioned in subsection (1)(c), (2)(c) or (3)(c).

In this section—

If, on the day of the intended move as mentioned in section 37(1)(b), (2)(b) or (3)(b), the second authority has yet to carry out the assessment or assessments under section 37(6), or has done so but has yet to take the other steps required under this Part in the adult's case, it must—

The second authority is subject to the duty under subsection (1) until it has—

In deciding how to meet the adult's needs for care and support under subsection (1), the second authority must involve—

In deciding how to meet the needs for support of any carer who is continuing as the adult's carer, the second authority must involve—

In performing the duty under subsection (3)(a) or (4)(a), the second authority must take all reasonable steps to reach agreement with the adult or carer about how it should meet the needs in question.

The first authority is not required to meet the adult's needs for care and support or, if the adult has a carer, such needs for support as the carer has, for so long as the second authority is subject to the duty under subsection (1).

Where, having complied with the duty under subsection (1), the second authority is not required to meet the adult's needs for care and support under section 18 because the adult is still ordinarily resident in the area of the first authority, the second authority may recover from the first authority the costs it incurs in complying with the duty under subsection (1).

Regulations may specify matters to which the second authority must have regard in deciding how to perform the duty under subsection (1).

Where an adult has needs for care and support which can be met only if the adult is living in accommodation of a type specified in regulations, and the adult is living in accommodation in England of a type so specified, the adult is to be treated for the purposes of this Part as ordinarily resident—

Where, before beginning to live in his or her current accommodation, the adult was living in accommodation of a type so specified (whether or not of the same type as the current accommodation), the reference in subsection (1)(a) to when the adult began to live in accommodation of a type so specified is a reference to the beginning of the period during which the adult has been living in accommodation of one or more of the specified types for consecutive periods.

The regulations may make provision for determining for the purposes of subsection (1) whether an adult has needs for care and support which can be met only if the adult is living in accommodation of a type specified in the regulations.

An adult who is being provided with accommodation under section 117 of the Mental Health Act 1983 (after-care) is to be treated for the purposes of this Part as ordinarily resident in the area of the local authority in England or the local authority in Wales on which the duty to provide the adult with services under that section is imposed; and for that purpose—

An adult who is being provided with NHS accommodation is to be treated for the purposes of this Part as ordinarily resident—

“NHS accommodation” means accommodation under—

The reference in subsection (1) to this Part does not include a reference to section 28 (independent personal budget).

Schedule 1 (which makes provision about cross-border placements to and from Wales, Scotland or Northern Ireland) has effect.

Any dispute about where an adult is ordinarily resident for the purposes of this Part, or any dispute between local authorities under section 37 about the application of that section, is to be determined by—

The Secretary of State or appointed person may review a determination under subsection (1), provided that the review begins within 3 months of the date of the determination.

Having carried out a review under subsection (2), the Secretary of State or appointed person must—

Regulations may make further provision about resolution of disputes of the type mentioned in subsection (1); the regulations may, for example, include—

This section applies where—

This section also applies where—

The local authority concerned may recover from the other local authority the amount of any payments it made towards meeting the needs in question at a time when the other local authority was instead liable to meet them under section 18 or 20(1) (as the case may be).

Subsection (3) does not apply to payments which are the subject of a deferred payment agreement entered into by the local authority in question, unless it agrees with the other local authority to assign its rights and obligations under the deferred payment agreement to that other authority.

Any period during which a local authority was meeting the needs in question under section 19 or 20(6) is to be disregarded for the purposes of this section.

This section applies where a local authority has reasonable cause to suspect that an adult in its area (whether or not ordinarily resident there)—

The local authority must make (or cause to be made) whatever enquiries it thinks necessary to enable it to decide whether any action should be taken in the adult's case (whether under this Part or otherwise) and, if so, what and by whom.

“Abuse” includes financial abuse; and for that purpose “financial abuse” includes—

Each local authority must establish a Safeguarding Adults Board (an “SAB”) for its area.

The objective of an SAB is to help and protect adults in its area in cases of the kind described in section 42(1).

The way in which an SAB must seek to achieve its objective is by co-ordinating and ensuring the effectiveness of what each of its members does.

An SAB may do anything which appears to it to be necessary or desirable for the purpose of achieving its objective.

Schedule 2 (which includes provision about the membership, funding and other resources, strategy and annual report of an SAB) has effect.

Where two or more local authorities exercise their respective duties under subsection (1) by establishing an SAB for their combined area—

An SAB must arrange for there to be a review of a case involving an adult in its area with needs for care and support (whether or not the local authority has been meeting any of those needs) if—

Condition 1 is met if—

Condition 2 is met if—

An SAB may arrange for there to be a review of any other case involving an adult in its area with needs for care and support (whether or not the local authority has been meeting any of those needs).

Each member of the SAB must co-operate in and contribute to the carrying out of a review under this section with a view to—

If an SAB requests a person to supply information to it, or to some other person specified in the request, the person to whom the request is made must comply with the request if—

Condition 1 is that the request is made for the purpose of enabling or assisting the SAB to exercise its functions.

Condition 2 is that the request is made to a person whose functions or activities the SAB considers to be such that the person is likely to have information relevant to the exercise of a function by the SAB.

Condition 3 is that the information relates to—

Condition 4 is that the information—

Information may be used by the SAB, or other person to whom it is supplied under subsection (1), only for the purpose of enabling or assisting the SAB to exercise its functions.

This section applies where—

The local authority must take reasonable steps to prevent or mitigate the loss or damage.

For the purpose of performing that duty, the local authority—

A local authority may not exercise the power under subsection (3)(a) unless—

Where a local authority is proposing to exercise the power under subsection (3)(a), the officer it authorises to do so must, if required, produce valid documentation setting out the authorisation to do so.

A person who, without reasonable excuse, obstructs the exercise of the power under subsection (3)(a)—

A local authority may recover from an adult whatever reasonable expenses the authority incurs under this section in the adult's case.

This section applies where a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 (a “registered care provider”) in respect of the carrying on of a regulated activity (within the meaning of that Part) becomes unable to carry on that activity because of business failure.

A local authority must for so long as it considers necessary (and in so far as it is not already required to do so) meet those of an adult's needs for care and support and those of a carer's needs for support which were, immediately before the registered care provider became unable to carry on the regulated activity, being met by the carrying on of that activity in the authority's area by the provider.

A local authority is accordingly required to meet needs under subsection (2) regardless of—

Where a local authority is meeting needs under subsection (2), it is not required to carry out a needs assessment, a carer's assessment or a financial assessment or to determine whether any of the needs meet the eligibility criteria.

A local authority may make a charge for meeting needs under subsection (2) (except in so far as doing so involves the provision of information or advice); and a charge under this subsection may cover only the cost that the local authority incurs in meeting the needs to which the charge applies.

Subsection (5) does not apply if section 49 (cross-border cases) applies (see subsection (3) of that section).

If the relevant adult is not ordinarily resident in the area of the local authority which is required to meet needs under subsection (2), that authority—

Any dispute between local authorities about the application of this section is to be determined under section 40 as if it were a dispute of the type mentioned in subsection (1) of that section.

“The relevant adult” means—

This section applies where, in a case within section 48, immediately before the registered care provider became unable to carry on the regulated activity, some or all of the adult's needs for care and support or the carer's needs for support were being met by the carrying on of that activity by the provider under arrangements made—

This section also applies where, in a case within section 48—

The local authority which is required to meet needs under section 48(2)—

Any dispute between a local authority and a local authority in Wales, a local authority in Scotland or a Health and Social Care trust about the application of section 48 or of this section is to be resolved in accordance with paragraph 5 of Schedule 1.

“Local authority in Wales” and “local authority in Scotland” each have the meaning given in paragraph 12 of Schedule 1.

The references in paragraphs (a) and (b) of subsection (3) to an authority are references to a local authority in Wales, a local authority in Scotland or a Health and Social Care trust (as the case may be).

This section applies where a person registered under Part 2 of the Care Standards Act 2000 in respect of an establishment or agency or registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of a regulated service—

This section also applies where a person registered under Part 2 of the Care Standards Act 2000 in respect of an establishment or agency or registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of a regulated service—

The local authority in Wales in whose area the accommodation is situated or the services were provided must for so long as it considers necessary meet those of the adult's needs for care and support or the carer's needs for support which were being met by the registered person by the provision of the accommodation or other services.

A local authority in Wales which is required to meet needs under subsection (3)—

Any dispute about the application of this section is to be resolved in accordance with paragraph 5 of Schedule 1.

“Local authority in Wales” and “local authority in Scotland” each have the meaning given in paragraph 12 of Schedule 1.

The references in paragraphs (a) and (b) of subsection (4) to an authority are references to a local authority, a local authority in Scotland or a Health and Social Care trust (as the case may be).

In this section “regulated service” has the meaning given by section 2 of the Regulation and Inspection of Social Care (Wales) Act 2016.

This section applies where a person registered under Part 3 of the Health and Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 in respect of an establishment or agency—

This section also applies where a person registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 in respect of an establishment or agency—

The Health and Social Care trust in whose area the accommodation is situated or the services were provided must for so long as it considers necessary meet those of the adult's needs for care and support or the carer's needs for support which were being met by the registered person by the provision of the accommodation or other services.

A Health and Social Care trust which is required to meet needs under subsection (3)—

Any dispute about the application of this section is to be resolved in accordance with paragraph 5 of Schedule 1.

“Local authority in Wales” and “local authority in Scotland” each have the meaning given in paragraph 12 of Schedule 1.

The references in paragraphs (a) and (b) of subsection (4) to an authority are references to a local authority, a local authority in Wales or a local authority in Scotland (as the case may be).

An authority becomes subject to the duty under section 48(2), 50(3) or 51(3) as soon as it becomes aware of the business failure.

Section 8 (how to meet needs) applies to meeting needs under section 48(2) as it applies to meeting needs under section 18.

Section 34 of the Social Services and Well-being (Wales) Act 2014 (how to meet needs) applies to meeting needs under section 50(3) as it applies to meeting needs under section 35 of that Act.

In deciding how to meet an adult's needs for care and support under section 48(2), 50(3) or 51(3), an authority must involve—

In deciding how to meet a carer's needs for support under section 48(2), 50(3) or 51(3), an authority must involve—

In carrying out the duty under subsection (4)(a) or (5)(a), an authority must take all reasonable steps to reach agreement with the adult or carer about how it should meet the needs in question.

Sections 21 to 23 (exceptions to duty to meet needs) apply to meeting needs under section 48(2) as they apply to meeting needs under section 18.

Sections 46 to 49 of the Social Services and Well-being (Wales) Act 2014 (exceptions to, and restrictions on, duty to meet needs) apply to meeting needs under section 50(3) as they apply to meeting needs under section 35 of that Act.

Where an adult whose case comes within section 48 is being provided with NHS continuing healthcare under arrangements made by an integrated care board no part of whose area is in the local authority's area, the board is to be treated as a relevant partner of the authority for the purposes of sections 6 and 7.

“NHS continuing healthcare” is to be construed in accordance with standing rules under section 6E of the National Health Service Act 2006.

Where a local authority considers it necessary to do so for the purpose of carrying out its duty under section 48(2), it may request the registered care provider, or such other person involved in the provider's business as it considers appropriate, to provide it with specified information.

Regulations must make provision as to the interpretation for the purposes of sections 48, 50 and 51 and this section of references to business failure or to being unable to do something because of business failure; and the regulations may, in particular, specify circumstances in which a person is to be treated as unable to do something because of business failure.

Pending the commencement of Part 4 of the Social Services and Well-being (Wales) Act 2014—

Pending the commencement of section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013—

Regulations must specify criteria for determining whether (subject to regulations under subsection (4)) section 55 (financial sustainability assessment) applies to a registered care provider who is registered in respect of the carrying on of a regulated activity relating to the provision of social care for adults.

In specifying the criteria, the Secretary of State must have regard to the following in particular—

The Secretary of State must—

Regulations may provide that section 55 does not apply, or applies only to the extent specified, to a specified registered care provider or to a registered care provider of a specified description, regardless of whether that provider or a provider of that description would satisfy the criteria.

Regulations may provide that section 55 applies, or applies to the extent specified, to a specified registered care provider or to a registered care provider of a specified description, regardless of whether that provider or a provider of that description would satisfy the criteria.

The circumstances in which regulations may be made under subsection (4) include those in which the Secretary of State is satisfied that certain registered care providers are already subject to a regulatory regime comparable to that provided for by sections 55 and 56; and regulations made in such circumstances may, for example, make provision requiring specified persons to co-operate or to share information of a specified description.

“Social care” has the same meaning as in Part 1 of the Health and Social Care Act 2008.

The Care Quality Commission must determine, in the case of each registered care provider, whether the provider satisfies one or more of the criteria specified in regulations under section 53.

If the Commission determines that the provider satisfies one or more of the criteria, section 55 applies to that provider unless, or except in so far as, regulations under section 53(4) provide that it does not apply.

Where section 55 applies to a registered care provider (whether as a result of subsection (2) or as a result of regulations under section 53(5)), the Commission must inform the provider accordingly.

Where this section applies to a registered care provider, the Care Quality Commission must assess the financial sustainability of the provider's business of carrying on the regulated activity in respect of which it is registered.

Where the Commission, in light of an assessment under subsection (1), considers that there is a significant risk to the financial sustainability of the provider's business, it may—

Where the Commission imposes a requirement on a care provider under subsection (2)(a), it may also require the provider—

Where the Commission arranges for a review under subsection (2)(b), it may recover from the provider such costs as the Commission incurs in connection with the arrangements (other than its administrative costs in making the arrangements).

Regulations may make provision for enabling the Commission to obtain from such persons as it considers appropriate information which the Commission believes will assist it to assess the financial sustainability of a registered care provider to which this section applies.

Regulations may make provision about the making of the assessment required by subsection (1).

The Commission may consult such persons as it considers appropriate on the method for assessing the financial sustainability of a registered care provider's business; and, having done so, it must publish guidance on the method it expects to apply in making the assessment.

This section applies where the Care Quality Commission is satisfied that a registered care provider to which section 55 applies is likely to become unable to carry on the regulated activity in respect of which it is registered because of business failure as mentioned in section 48.

The Commission must inform the local authorities which it thinks will be required to carry out the duty under section 48(2) if the provider becomes unable to carry on the regulated activity in question.

Where the Commission considers it necessary to do so for the purpose of assisting a local authority to carry out the duty under section 48(2), it may request the provider, or such other person involved in the provider's business as the Commission considers appropriate, to provide it with specified information.

Where (as a result of subsection (3) or otherwise) the Commission has information about the provider's business that it considers may assist a local authority in carrying out the duty under section 48(2), the Commission must give the information to the local authority.

Regulations may make provision as to the circumstances in which the Commission is entitled to be satisfied for the purposes of subsection (1) that a registered care provider is likely to become unable to carry on a regulated activity.

The Commission may consult such persons as it considers appropriate on the methods to apply in assessing likelihood for the purposes of subsection (1); and, having carried out that consultation, it must publish guidance on the methods it expects to apply in making the assessment.

For the purposes of Part 1 of the Health and Social Care Act 2008, the duties imposed on the Care Quality Commission under sections 54(1) and 55(1) are to be treated as regulatory functions of the Commission.

For the purposes of that Part of that Act, the doing by the Commission of anything for the purpose of assisting a local authority to carry out the duty under section 48(2) is to be treated as one of the Commission's regulatory functions.

For the purposes of sections 17 and 18 of that Act (cancellation or suspension of registration under Part 1 of that Act), a requirement imposed on a registered care provider under or by virtue of any of sections 54 to 56 (or by virtue of subsection (1) or (2)) is to be treated as a requirement imposed by or under Chapter 6 of Part 1 of that Act.

The Commission must, in exercising any of its functions under sections 54 to 56, have regard to the need to minimise the burdens it imposes on others.

The Care Quality Commission may provide market oversight information to the Secretary of State for use in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ of the Care Standards Act 2000.

“Market oversight information” means information held by the Commission in connection with its functions under sections 54 to 56.

A disclosure of information authorised by subsection (1) does not breach—

Where it appears to a local authority that a child is likely to have needs for care and support after becoming 18, the authority must, if it is satisfied that it would be of significant benefit to the child to do so and if the consent condition is met, assess—

An assessment under subsection (1) is referred to in this Part as a “child's needs assessment”.

The consent condition is met if—

Where a child refuses a child's needs assessment and the consent condition is accordingly not met, the local authority must nonetheless carry out the assessment if the child is experiencing, or is at risk of, abuse or neglect.

Where a local authority, having received a request to carry out a child's assessment from the child concerned or a parent or carer of the child, decides not to comply with the request, it must give the person who made the request—

“Parent”, in relation to a child, includes—

“Carer”, in relation to a child, means a person, other than a parent, who is providing care for the child, whether or not under or by virtue of a contract or as voluntary work.

The reference to providing care includes a reference to providing practical or emotional support.

A child's needs assessment must include an assessment of—

A local authority, in carrying out a child's needs assessment, must involve—

When carrying out a child's needs assessment, a local authority must also consider whether, and if so to what extent, matters other than the provision of care and support could contribute to the achievement of the outcomes that the child wishes to achieve in day-to-day life.

Having carried out a child's needs assessment, a local authority must give the child—

But in a case where the child is not competent or lacks capacity to understand the things which the local authority is required to give under subsection (4), that subsection is to have effect as if for “must give the child” there were substituted “ must give the child's parents ”.

Where a person to whom a child's needs assessment relates becomes 18, the local authority must decide whether to treat the assessment as a needs assessment; and if the authority decides to do so, this Part applies to the child's needs assessment as if it were a needs assessment that had been carried out after the person had become 18.

In considering what to decide under subsection (6), a local authority must have regard to—

“Carer” has the same meaning as in section 58.

Where it appears to a local authority that a carer of a child is likely to have needs for support after the child becomes 18, the authority must, if it is satisfied that it would be of significant benefit to the carer to do so, assess—

An assessment under subsection (1) is referred to in this Part as a “child's carer's assessment”.

Where a child's carer refuses a child's carer's assessment, the local authority is not required to carry out the assessment (and subsection (1) does not apply in the carer's case).

Where, having refused a child's carer's assessment, a child's carer requests the assessment, subsection (1) applies in the carer's case (and subsection (3) does not).

Where a child's carer has refused a child's carer's assessment and the local authority concerned thinks that the carer's needs or circumstances have changed, subsection (1) applies in the carer's case (but subject to further refusal as mentioned in subsection (3)).

Where a local authority, having received a request to carry out a child's carer's assessment from the carer concerned, decides not to comply with the request, it must give the carer—

“Carer”, in relation to a child, means an adult (including one who is a parent of the child) who provides or intends to provide care for the child (but see subsection (8)).

An adult is not a carer for the purposes of this section if the adult provides or intends to provide care—

But in a case where the local authority considers that the relationship between the child and the adult providing or intending to provide care is such that it would be appropriate for the adult to be regarded as a carer, the adult is to be regarded as such (and subsection (8) is therefore to be ignored in that case).

The references to providing care include a reference to providing practical or emotional support.

A child's carer's assessment must include an assessment of—

A local authority, in carrying out a child's carer's assessment, must have regard to—

A local authority, in carrying out a child's carer's assessment, must involve—

When carrying out a child's carer's assessment, a local authority must also consider whether, and if so to what extent, matters other than the provision of support could contribute to the achievement of the outcomes that the carer wishes to achieve in day-to-day life.

Having carried out a child's carer's assessment, a local authority must give the carer—

Where, in the case of a carer to whom a child's carer's assessment relates, the child becomes 18, the local authority must decide whether to treat the assessment as a carer's assessment; and if the authority decides to do so, this Part applies to the child's carer's assessment as if it were a carer's assessment that had been carried out after the child had become 18.

In considering what to decide under subsection (6), a local authority must have regard to—

“Carer” has the same meaning as in section 60.

Where a local authority, having carried out a child's carer's assessment, is satisfied that the carer has needs for support, it may meet such of those needs as it considers appropriate.

Regulations may make provision in connection with the exercise of the power under subsection (1); the regulations may, in particular, provide for provisions of this Part to apply with such modifications as may be specified.

In deciding whether or how to exercise the power under subsection (1), a local authority must have regard to any services being provided to the carer under—

“Carer” has the same meaning as in section 60.

Where it appears to a local authority that a young carer is likely to have needs for support after becoming 18, the authority must, if it is satisfied that it would be of significant benefit to the young carer to do so and if the consent condition is met, assess—

An assessment under subsection (1) is referred to in this Part as a “young carer's assessment”.

The consent condition is met if—

Where a young carer refuses a young carer's assessment and the consent condition is accordingly not met, the local authority must nonetheless carry out the assessment if the young carer is experiencing, or is at risk of, abuse or neglect.

Where a local authority, having received a request to carry out a young carer's assessment from the young carer concerned or a parent of the young carer, decides not to comply with the request, it must give the person who made the request—

“Young carer” means a person under 18 who provides or intends to provide care for an adult (but see subsection (7)).

A person is not a young carer for the purposes of this section if the person provides or intends to provide care—

But in a case where the local authority considers that the relationship between the adult and the person under 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded as a young carer, that person is to be regarded as such (and subsection (7) is therefore to be ignored in that case).

The references to providing care include a reference to providing practical or emotional support.

A young carer's assessment must include an assessment of—

A local authority, in carrying out a young carer's assessment, must have regard to—