Adult Social Care Glossary, v 0.6

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

(3) The duty to carry out a needs assessment applies regardless of the 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) A needs assessment must include an assessment of—
(a) the impact of the adult's needs for care and support on the matters specified in section 1(2),
(b) the outcomes that the adult wishes to achieve in day-to-day life, and
(c) whether, and if so to what extent, the provision of care and support could contribute to the achievement of those outcomes.

(5) A local authority, in carrying out a needs assessment, must involve—
(a) the adult,
(b) any carer that the adult has, and
(c) any person whom the adult asks the authority to involve or, where the adult lacks capacity to ask the authority to do that, any person who appears to the authority to be interested in the adult's welfare.

(6) When carrying out a needs assessment, a local authority must also consider—
(a) 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 adult wishes to achieve in day-to-day life, and
(b) whether the adult would benefit from the provision of anything under section 2 or 4 or of anything which might be available in the community.

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

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.

Carried out by the local authority to assess a person's eligible needs.

The process of considering whether you need help or support because of your age, disability or illness. Anyone who appears to have a need for care or support - regardless of how severe those needs are or how much money they have - is entitled to a needs assessment, which can be arranged by contacting the adult social services department at your local council and requesting it.