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Substantial difficulty

Definition in secondary legislation

From:

The Care and Support (Independent Advocacy Support) (No. 2) Regulations 2014, reg 3

Legislation

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 assessment(1); and
(f) whether the individual is experiencing, or at risk of, abuse or neglect.

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