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Assessment – general requirements
3.—(1) A local authority must carry out an assessment in a manner which—
(a) is appropriate and proportionate to the needs and circumstances of the individual to whom it relates; and
(b) ensures that the individual is able to participate in the process as effectively as possible.
(2) In seeking to ensure that an assessment is carried out in an appropriate and proportionate manner, a local authority must have regard to—
(a) the wishes and preferences of the individual to whom it relates;
(b) the outcome the individual seeks from the assessment; and
(c) the severity and overall extent of the individual’s needs.
(3) In a case where the level of the individual’s needs fluctuates, the local authority must take into account the individual’s circumstances over such period as it considers necessary to establish accurately the individual’s level of needs.
(4) A local authority must give information about the assessment process—
(a) to the individual whose needs are being assessed; or
(b) in the case of a child’s needs assessment or a young carer’s assessment, if the child or young carer is not competent or lacks capacity to understand the assessment process, to all parents(11) of that child or young carer.
(5) The information must be provided prior to the assessment wherever practicable, and in a format which is accessible to the individual to whom it is given.
Impact on the individual’s family etc
4.—(1) A local authority carrying out an assessment must consider the impact of the needs of the individual to whom the assessment relates on—
(a) any person who is involved in caring for the individual; and
(b) any person the local authority considers to be relevant.
(2) Where a local authority considers that any person would benefit from the provision of information and advice relating to care and support for individuals or support for carers, it must advise that person how to obtain such information and advice.
(3) If it appears to a local authority carrying out an assessment that a child is involved in providing care to any individual, the local authority must—
(a) consider the impact of the needs of the individual concerned on the child’s well-being, welfare, education and development; and
(b) identify whether any of the tasks which the child is performing for the individual are inappropriate for the child to perform having regard to all the circumstances.
Training, expertise and consultation
5.—(1) A local authority must ensure that any person (other than in the case of a supported self-assessment, the individual to whom it relates) carrying out an assessment—
(a) has the skills, knowledge and competence to carry out the assessment in question; and
(b) is appropriately trained.
(2) A local authority carrying out an assessment must consult a person who has expertise in relation to the condition or other circumstances of the individual whose needs are being assessed in any case where it considers that the needs of the individual concerned require it to do so.
(3) Such consultation may take place before, or during, the carrying out of the assessment.
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