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Refusal of assessment

Definition in primary legislation

of

Refusal of assessment

from

Care Act 2014, S.11

Legislation

(1) 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).
(2) But the local authority may not rely on subsection (1) (and so must carry out a needs assessment) if-- (a) the adult lacks capacity to refuse the assessment and the authority is satisfied that carrying out the assessment would be in the adult's best interests, or (b) the adult is experiencing, or is at risk of, abuse or neglect.
(5) 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).

[Provision contains further detail]

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