12 Assessments under sections 9 and 10: further provision
This clause requires the Secretary of State to make regulations about how an assessment is carried out, to provide clarity and ensure consistent practice. Regulations may, for instance, require local authorities to consider the needs of the whole family when carrying out an assessment on an adult. They may also specify when a specialist assessment must be carried out (for instance, an assessment for NHS Continuing Healthcare), and enable self-assessment by the person themselves.
(1) Regulations must make further provision about carrying out a needs or carer’s assessment; the regulations may, in particular—
(a) require the local authority, in carrying out the assessment, to have regard to the needs of the family of the person to whom the assessment relates;
(b) specify other matters to which the local authority must have regard in carrying out the assessment (including, in particular, the matters to which it must have regard in seeking to ensure that the assessment is carried out in a proportionate manner);
(c) specify circumstances in which a person with expertise in a specified matter must carry out the assessment on behalf of the local authority;
(d) specify circumstances in which the person to whom the assessment relates, or a specified person or person of a specified description, may carry out the assessment jointly with the local authority;
(e) specify persons to whom the local authority must give a copy of the assessment (including persons to whom the adult asks the authority to give a copy).
(2) The regulations may include provision for facilitating the carrying out of a needs or carer’s assessment in circumstances specified under subsection (1)(c) or (d); they may, for example, give the local authority power to provide the person carrying out the assessment—
(a) in the case of a needs assessment, with information about the adult to whom the assessment relates;
(b) in the case of a carer’s assessment, with information about the carer and about the adult needing care;
(c) in either case, with whatever resources, or with access to whatever facilities, the authority thinks will be required to carry out the assessment.
(3) A local authority may, where an adult has a carer, combine a needs assessment with a carer’s assessment; but the authority may do so only if the adult needing care and the carer agree.
(4) A local authority may carry out a needs or carer’s assessment at the same time as it or another body carries out another assessment in the case of the person to whom the assessment relates or a carer the person has.
(5) For the purposes of subsection (4)—
(a) the local authority may carry out the other assessment on behalf of or jointly with the other body, or
(b) if the other body has already arranged for the other assessment to be carried out by it jointly with another person, the local authority may carry out the other assessment jointly with the other body and that other person.
(6) A reference to a needs or carer’s assessment includes a reference to a needs or carer’s assessment (as the case may be) contained in a combined assessment under subsection (3).
(7) A reference to an assessment includes a reference to part of an assessment.