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Care Bill (HC Bill 123)

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Transition for children to adult care and support, etc.

59 Assessment of a child’s needs for care and support

(1) Where it appears to a local authority that a child is likely to have needs for care
and support after becoming 18, the authority must, if it is satisfied that it would
5be of significant benefit to the child to do so and if the consent condition is met,
assess—

(a) whether the child has needs for care and support and, if so, what those
needs are, and

(b) whether the child is likely to have needs for care and support after
10becoming 18 and, if so, what those needs are likely to be.

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

(3) The consent condition is met if—

(a) the child has capacity or is competent to consent to a child’s needs
15assessment being carried out and the child does so consent, or

(b) the child lacks capacity or is not competent so to consent but the
authority is satisfied that carrying out a child’s needs assessment
would be in the child’s best interests.

(4) Where a child refuses a child’s needs assessment and the consent condition is
20accordingly not met, the local authority must nonetheless carry out the
assessment if the child is experiencing, or is at risk of, abuse or neglect.

(5) Where a local authority, having received a request to carry out a child’s
assessment from the child concerned or a parent or carer of the child, decides
not to comply with the request, it must give the person who made the
25request—

(a) written reasons for its decision, and

(b) information and advice about what can be done to prevent or delay the
development by the child of needs for care and support in the future.

(6) “Parent”, in relation to a child, includes—

(a) 30a parent of the child who does not have parental responsibility for the
child, and

(b) a person who is not a parent of the child but who has parental
responsibility for the child.

(7) “Carer”, in relation to a child, means a person, other than a parent, who is
35providing care for the child, whether or not under or by virtue of a contract or
as voluntary work.

(8) The reference to providing care includes a reference to providing practical or
emotional support.

60 Child’s needs assessment: requirements etc.

(1) 40A child’s needs assessment must include an assessment of—

(a) the impact on the matters specified in section 1(2) of what the child’s
needs for care and support are likely to be after the child becomes 18,

(b) the outcomes that the child wishes to achieve in day-to-day life, and

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(c) whether, and if so to what extent, the provision of care and support
could contribute to the achievement of those outcomes.

(2) A local authority, in carrying out a child’s needs assessment, must involve—

(a) the child,

(b) 5the child’s parents and any carer that the child has, and

(c) any person whom the child or a parent or carer of the child requests the
local authority to involve.

(3) When carrying out a child’s needs assessment, a local authority must also
consider whether, and if so to what extent, matters other than the provision of
10care and support could contribute to the achievement of the outcomes that the
child wishes to achieve in day-to-day life.

(4) Having carried out a child’s needs assessment, a local authority must give the
child—

(a) an indication as to whether any of the needs for care and support which
15it thinks the child is likely to have after becoming 18 are likely to meet
the eligibility criteria (and, if so, which ones are likely to do so), and

(b) advice and information about—

(i) what can be done to meet or reduce the needs which it thinks
the child is likely to have after becoming 18;

(ii) 20what can be done to prevent or delay the development by the
child of needs for care and support in the future.

(5) But in a case where the child is not competent or lacks capacity to understand
the things which the local authority is required to give under subsection (4),
that subsection is to have effect as if for “must give the child” there were
25substituted “must give the child’s parents”.

(6) Where a person to whom a child’s needs assessment relates becomes 18, the
local authority must decide whether to treat the assessment as a needs
assessment; and if the authority decides to do so, this Part applies to the child’s
needs assessment as if it were a needs assessment that had been carried out
30after the person had become 18.

(7) In considering what to decide under subsection (6), a local authority must have
regard to—

(a) when the child’s needs assessment was carried out, and

(b) whether it appears to the authority that the circumstances of the person
35to whom the child’s needs assessment relates have changed in a way
that might affect the assessment.

(8) “Parent” and “carer” each have the same meaning as in section 59.

61 Assessment of a child’s carer’s needs for support

(1) Where it appears to a local authority that a carer of a child is likely to have
40needs for support after the child becomes 18, the authority must, if it is satisfied
that it would be of significant benefit to the carer to do so, assess—

(a) whether the carer has needs for support and, if so, what those needs
are, and

(b) whether the carer is likely to have needs for support after the child
45becomes 18 and, if so, what those needs are likely to be.

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(2) An assessment under subsection (1) is referred to in this Part as a “child’s
carer’s assessment”.

(3) Where a child’s carer refuses a child’s carer’s assessment, the local authority is
not required to carry out the assessment (and subsection (1) does not apply in
5the carer’s case).

(4) Where, having refused a child’s carer’s assessment, a child’s carer requests the
assessment, subsection (1) applies in the carer’s case (and subsection (3) does
not).

(5) Where a child’s carer has refused a child’s carer’s assessment and the local
10authority concerned thinks that the carer’s needs or circumstances have
changed, subsection (1) applies in the carer’s case (but subject to further refusal
as mentioned in subsection (3)).

(6) Where a local authority, having received a request to carry out a child’s carer’s
assessment from the carer concerned, decides not to comply with the request,
15it must give the carer—

(a) written reasons for its decision, and

(b) information and advice about what can be done to prevent or delay the
development by the carer of needs for support in the future.

(7) “Carer”, in relation to a child, means an adult (including one who is a parent of
20the child, with “parent” having the meaning given in section 59) who provides
or intends to provide care for the child (but see subsection (8)).

(8) An adult is not a carer for the purposes of this section if the adult provides or
intends to provide care—

(a) under or by virtue of a contract, or

(b) 25as voluntary work.

(9) But in a case where the local authority considers that the relationship between
the child and the adult providing or intending to provide care is such that it
would be appropriate for the adult to be regarded as a carer, the adult is to be
regarded as such (and subsection (8) is therefore to be ignored in that case).

(10) 30The references to providing care include a reference to providing practical or
emotional support.

62 Child’s carer’s assessment: requirements etc.

(1) A child’s carer’s assessment must include an assessment of—

(a) whether the carer is able to provide care for the child and is likely to
35continue to be able to do so after the child becomes 18,

(b) whether the carer is willing to do so and is likely to continue to be
willing to do so after the child becomes 18,

(c) the impact on the matters specified in section 1(2) of what the carer’s
needs for support are likely to be after the child becomes 18,

(d) 40the outcomes that the carer wishes to achieve in day-to-day life, and

(e) whether, and if so to what extent, the provision of support could
contribute to the achievement of those outcomes.

(2) A local authority, in carrying out a child’s carer’s assessment, must have
regard to—

(a) 45whether the carer works or wishes to do so, and

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(b) whether the carer is participating in or wishes to participate in
education, training or recreation.

(3) A local authority, in carrying out a child’s carer’s assessment, must involve—

(a) the carer, and

(b) 5any person whom the carer asks the local authority to involve.

(4) When carrying out a child’s carer’s assessment, a local authority must also
consider whether, and if so to what extent, matters other than the provision of
support could contribute to the achievement of the outcomes that the carer
wishes to achieve in day-to-day life.

(5) 10Having carried out a child’s carer’s assessment, a local authority must give the
carer—

(a) an indication as to whether any of the needs for support which it thinks
the carer is likely to have after the child becomes 18 are likely to meet
the eligibility criteria (and, if so, which ones are likely to do so), and

(b) 15advice and information about—

(i) what can be done to meet or reduce the needs which it thinks
the carer is likely to have after the child becomes 18;

(ii) what can be done to prevent or delay the development by the
carer of needs for support in the future.

(6) 20“Carer” has the same meaning as in section 61.

63 Power to meet child’s carer’s needs for support

(1) Where a local authority, having carried out a child’s carer’s assessment, is
satisfied that the carer has needs for support, it may meet such of those needs
as it considers appropriate.

(2) 25Regulations may make provision in connection with the exercise of the power
under subsection (1); the regulations may, in particular, provide for provisions
of this Part to apply with such modifications as may be specified.

(3) In deciding whether or how to exercise the power under subsection (1), a local
authority must have regard to any services being provided to the carer under
30section 17 of the Children Act 1989.

64 Assessment of a young carer’s needs for support

(1) Where it appears to a local authority that a young carer is likely to have needs
for support after becoming 18, the authority must, if it is satisfied that it would
be of significant benefit to the young carer to do so and if the consent condition
35is met, assess—

(a) whether the young carer has needs for support and, if so, what those
needs are, and

(b) whether the young carer is likely to have needs for support after
becoming 18 and, if so, what those needs are likely to be.

(2) 40An assessment under subsection (1) is referred to in this Part as a “young
carer’s assessment”.

(3) The consent condition is met if—

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(a) the young carer has capacity or is competent to consent to a young
carer’s assessment being carried out and the young carer does so
consent, or

(b) the young carer lacks capacity or is not competent so to consent but the
5authority is satisfied that carrying out a young carer’s assessment
would be in the young carer’s best interests.

(4) Where a young carer refuses a young carer’s assessment and the consent
condition is accordingly not met, the local authority must nonetheless carry out
the assessment if the young carer is experiencing, or is at risk of, abuse or
10neglect.

(5) Where a local authority, having received a request to carry out a young carer’s
assessment from the young carer concerned or a parent of the young carer,
decides not to comply with the request, it must give the person who made the
request—

(a) 15written reasons for its decision, and

(b) advice and information about what can be done to prevent or delay the
development by the young carer of needs for support in the future.

(6) “Young carer” means a person under 18 who provides or intends to provide
care for an adult (but see subsection (8)).

(7) 20“Parent” has the same meaning as in section 59.

(8) A person is not a young carer for the purposes of this section if the person
provides or intends to provide care—

(a) under or by virtue of a contract, or

(b) as voluntary work.

(9) 25But in a case where the local authority considers that the relationship between
the adult and the person under 18 providing or intending to provide care is
such that it would be appropriate for the person under 18 to be regarded as a
young carer, that person is to be regarded as such (and subsection (8) is
therefore to be ignored in that case).

(10) 30The references to providing care include a reference to providing practical or
emotional support.

65 Young carer’s assessment: requirements etc.

(1) A young carer’s assessment must include an assessment of—

(a) whether the young carer is able to provide care for the person in
35question and is likely to continue to be able to do so after becoming 18,

(b) whether the young carer is willing to do so and is likely to continue to
be willing to do so after becoming 18,

(c) the impact on the matters specified in section 1(2) of what the young
carer’s needs for support are likely to be after the young carer becomes
4018,

(d) the outcomes that the young carer wishes to achieve in day-to-day life,
and

(e) whether, and if so to what extent, the provision of support could
contribute to the achievement of those outcomes.

(2) 45A local authority, in carrying out a young carer’s assessment, must have regard
to—

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(a) the extent to which the young carer works or wishes to work (or is
likely to wish to do so after becoming 18),

(b) the extent to which the young carer is participating in or wishes to
participate in education, training or recreation (or is likely to wish to do
5so after becoming 18).

(3) A local authority, in carrying out a young carer’s assessment, must involve—

(a) the young carer,

(b) the young carer’s parents, and

(c) any person whom the young carer or a parent of the young carer
10requests the authority to involve.

(4) When carrying out a young carer’s assessment, a local authority must also
consider whether, and if so to what extent, matters other than the provision of
support could contribute to the achievement of the outcomes that the young
carer wishes to achieve in day-to-day life.

(5) 15Having carried out a young carer’s assessment, a local authority must give the
young carer—

(a) an indication as to whether any of the needs for support which it thinks
the young carer is likely to have after becoming 18 are likely to meet the
eligibility criteria (and, if so, which ones are likely to do so), and

(b) 20advice and information about—

(i) what can be done to meet or reduce the needs for support which
it thinks the young carer is likely to have after becoming 18;

(ii) what can be done to prevent or delay the development by the
young carer of needs for support in the future.

(6) 25But in a case where the young carer is not competent or lacks capacity to
understand the things which the local authority is required to give under
subsection (5), that subsection is to have effect as if for “must give the young
carer” there were substituted “must give the young carer’s parents”.

(7) Where a person to whom a young carer’s assessment relates becomes 18, the
30local authority must decide whether to treat the assessment as a carer’s
assessment; and if the authority decides to do so, this Part applies to the young
carer’s assessment as if it were a carer’s assessment that had been carried out
after the person had become 18.

(8) In considering what to decide under subsection (7), a local authority must have
35regard to—

(a) when the young carer’s assessment was carried out, and

(b) whether it appears to the authority that the circumstances of the person
to whom the young carer’s assessment relates have changed in a way
that might affect the assessment.

(9) 40“Young carer” and “parent” each have the same meaning as in section 64.

66 Assessments under sections 59 to 65: further provision

(1) Regulations under section 12—

(a) may make such provision about carrying out a child’s needs
assessment as they may make about carrying out a needs assessment;

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(b) may make such provision about carrying out a child’s carer’s
assessment or a young carer’s assessment as they may make about
carrying out a carer’s assessment.

(2) A local authority may combine a child’s needs assessment or young carer’s
5assessment with an assessment it is carrying out (whether or not under this
Part) in relation to another person only if the consent condition is met in
relation to the child to whom the child’s needs or young carer’s assessment
relates and—

(a) where the combination would include an assessment relating to
10another child, the consent condition is met in relation to that other
child;

(b) where the combination would include an assessment relating to an
adult, the adult agrees.

(3) A local authority may combine a child’s carer’s assessment with an assessment
15it is carrying out (whether or not under this Part) in relation to another person
only if the adult to whom the child’s carer’s assessment relates agrees and—

(a) where the combination would include an assessment relating to
another adult, that other adult agrees, and

(b) where the combination would include an assessment relating to a child,
20the consent condition is met in relation to that child.

(4) The consent condition is met in relation to a child if—

(a) the child has capacity or is competent to agree to the assessments being
combined and does so agree, or

(b) the child lacks capacity or is not competent so to agree but the local
25authority is satisfied that combining the assessments would be in the
child’s best interests.

(5) Where a local authority is carrying out a child’s needs assessment, a child’s
carer’s assessment or a young carer’s assessment, and there is some other
assessment being or about to be carried out in relation to the person to whom
30the assessment relates or in relation to a relevant person, the local authority
may carry out that other assessment—

(a) on behalf of or jointly with the body responsible for carrying it out, or

(b) if that body has arranged to carry out the other assessment jointly with
another person, jointly with that body and the other person.

(6) 35A reference to an assessment includes a reference to part of an assessment.

(7) A person is a “relevant person”, in relation to a child’s needs, child’s carer’s or
young carer’s assessment, if it would be reasonable to combine an assessment
relating to that person with the child’s needs, child’s carer’s or young carer’s
assessment (as mentioned in subsections (2) and (3)).

67 40Continuity of services under other legislation

(1) Before section 17A of the Children Act 1989 insert—

17ZB Section 17 services: transition for children to adult care and support

(1) This section applies where a local authority in England providing
services for a child in need in the exercise of functions conferred by
45section 17 receive a request for a child’s needs assessment or a young
carer’s assessment to be carried out in relation to the child.

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(2) If the local authority carry out the requested assessment before the
child reaches the age of 18 and decide to treat it as a needs or carer’s
assessment in accordance with section 60(6) or 65(7) of the Care Act
2014 (with Part 1 of that Act applying to the assessment as a result), the
5authority must continue to comply with section 17 after the child
reaches the age of 18 until they reach a conclusion in his case.

(3) If the local authority carry out the requested assessment before the
child reaches the age of 18 but decide not to treat it as a needs or carer’s
assessment in accordance with section 60(6) or 65(7) of the Care Act
102014—

(a) they must carry out a needs or carer’s assessment (as the case
may be) after the child reaches the age of 18, and

(b) they must continue to comply with section 17 after he reaches
that age until they reach a conclusion in his case.

(4) 15If the local authority decide to comply with the request but do not carry
out the assessment before the child reaches the age of 18, they must
continue to comply with section 17 after he reaches that age until—

(a) they decide that the duty under section 9 or 10 of the Care Act
2014 (needs or carer’s assessment) does not apply, or

(b) 20having decided that the duty applies and having discharged it,
they reach a conclusion in his case.

(5) If the local authority do not decide, before the child reaches the age of
18, whether or not to comply with the request, they must continue to
comply with section 17 after he reaches that age until—

(a) 25they decide that the duty under section 9 or 10 of the Care Act
2014 does not apply, or

(b) having decided that the duty applies and having discharged it,
they reach a conclusion in his case.

(6) A local authority reach a conclusion in a person’s case when—

(a) 30they conclude that he does not have needs for care and support
or for support (as the case may be), or

(b) having concluded that he has such needs and that they are
going to meet some or all of them, they begin to do so, or

(c) having concluded that he has such needs, they conclude that
35they are not going to meet any of those needs (whether because
those needs do not meet the eligibility criteria or for some other
reason).

(7) In this section, “child’s needs assessment”, “young carer’s assessment”,
“needs assessment”, “carer’s assessment” and “eligibility criteria” each
40have the same meaning as in Part 1 of the Care Act 2014.

17ZC Section 17 services: provision after EHC plan no longer maintained

(1) This section applies where a local authority in England providing
services for a person in the exercise, by virtue of section 17ZA, of
functions conferred by section 17 are required to carry out a needs
45assessment in that person’s case.

(2) If the EHC plan for the person ceases to be maintained before the local
authority reach a conclusion in the person’s case, they must continue to
comply with section 17 until they do reach a conclusion in his case.

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(3) The references to the local authority reaching a conclusion in a person’s
case are to be read with section 17ZB(6).

(4) In this section, “needs assessment” has the same meaning as in Part 1 of
the Care Act 2014.

(2) 5In section 17ZA of that Act (continued provision of services under section 17
where EHC plan maintained), in subsection (2), after “after the EHC plan has
ceased to be maintained” insert “, except in so far as the authority is required
to do so under section 17ZB or 17ZC”.

(3) After section 2 of the Chronically Sick and Disabled Persons Act 1970 insert—

2A 10Welfare services: transition for children to adult care and support

(1) This section applies where a local authority in England making
arrangements for a disabled child under section 2 receive a request for
a child’s needs assessment to be carried out in relation to the child.

(2) If the local authority carry out the requested assessment before the
15child reaches the age of 18 and decide to treat it as a needs assessment
in accordance with section 60(6) of the Care Act 2014 (with Part 1 of that
Act applying to the assessment as a result), the authority must continue
to comply with section 2 after the child reaches the age of 18 until they
reach a conclusion in his case.

(3) 20If the local authority carry out the requested assessment before the
child reaches the age of 18 but decide not to treat it as a needs
assessment in accordance with section 60(6) of that Act—

(a) they must carry out a needs assessment after the child reaches
the age of 18, and

(b) 25they must continue to comply with section 2 after he reaches
that age until they reach a conclusion in his case.

(4) If the local authority decide to comply with the request but do not carry
out the assessment before the child reaches the age of 18, they must
continue to comply with section 2 after he reaches that age until—

(a) 30they decide that the duty under section 9 of the Care Act 2014
(needs assessment) does not apply, or

(b) having decided that the duty applies and having discharged it,
they reach a conclusion in his case.

(5) If the local authority do not decide, before the child reaches the age of
3518, whether or not to comply with the request, they must continue to
comply with section 2 after he reaches that age until—

(a) they decide that the duty under section 9 of the Care Act 2014
does not apply, or

(b) having decided that the duty applies and having discharged it,
40they reach a conclusion in his case.

(6) A local authority reach a conclusion in a person’s case when—

(a) they conclude that he does not have needs for care and support,

(b) having concluded that he has such needs and that they are
going to meet some or all of them, they begin to do so, or

(c) 45having concluded that he has such needs, they conclude that
they are not going to meet any of those needs (whether because

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those needs do not meet the eligibility criteria or for some other
reason).

(7) In this section, “child’s needs assessment”, “needs assessment” and
“eligibility criteria” each have the same meaning as in Part 1 of the Care
5Act 2014.

(4) After section 2 of the Carers and Disabled Children Act 2000 insert—

2A Services for carers: transition for young carers to adult support

(1) This section applies where a local authority in England providing
services for a carer aged under 18 as mentioned in section 2 receive a
10request for a young carer’s assessment to be carried out in relation to
the carer.

(2) If the local authority carry out the requested assessment before the
carer reaches the age of 18 and decide to treat it as a carer’s assessment
in accordance with section 65(7) of the Care Act 2014 (with Part 1 of that
15Act applying to the assessment as a result), the authority must continue
to comply with section 2 after the carer reaches the age of 18 until they
reach a conclusion in his case.

(3) If the local authority carry out the requested assessment before the
carer reaches the age of 18 but decide not to treat it as a carer’s
20assessment in accordance with section 65(7) of that Act—

(a) they must carry out a carer’s assessment after the carer reaches
the age of 18, and

(b) they must continue to comply with section 2 after he reaches
that age until they reach a conclusion in his case.

(4) 25If the local authority decide to comply with the request but do not carry
out the assessment before the carer reaches the age of 18, they must
continue to comply with section 2 after he reaches that age until—

(a) they decide that the duty under section 10 of the Care Act 2014
(carer’s assessment) does not apply, or

(b) 30having decided that the duty applies and having discharged it,
they reach a conclusion in his case.

(5) If the local authority do not decide, before the carer reaches the age of
18, whether or not to comply with the request, they must continue to
comply with section 2 after he reaches that age until—

(a) 35they decide that the duty under section 10 of the Care Act 2014
does not apply, or

(b) having decided that the duty applies and having discharged it,
they reach a conclusion in his case.

(6) A local authority reach a conclusion in a carer’s case when—

(a) 40they conclude that he does not have needs for support, or

(b) having concluded that he has such needs and that they are
going to meet some or all of them, they begin to do so, or

(c) having concluded that he has such needs, they conclude that
they are not going to meet any of those needs (whether because
45those needs do not meet the eligibility criteria or for some other
reason).