Care Bill (HC Bill 168)

(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
becoming 18 and, if so, what those needs are likely to be.

(2) 5An 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
assessment being carried out and the child does so consent, or

(b) 10the 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
accordingly not met, the local authority must nonetheless carry out the
15assessment 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
request—

(a) 20written 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) a parent of the child who does not have parental responsibility for the
25child, 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
providing care for the child, whether or not under or by virtue of a contract or
30as voluntary work.

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

59 Child’s needs assessment: requirements etc.

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

(a) 35the 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

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

(2) 40A local authority, in carrying out a child’s needs assessment, must involve—

(a) the child,

(b) the 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
care and support could contribute to the achievement of the outcomes that the
child wishes to achieve in day-to-day life.

(4) 5Having 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
it 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) 10advice 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) what can be done to prevent or delay the development by the
child of needs for care and support in the future.

(5) 15But 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
substituted “must give the child’s parents”.

(6) Where a person to whom a child’s needs assessment relates becomes 18, the
20local 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
after the person had become 18.

(7) In considering what to decide under subsection (6), a local authority must have
25regard 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
to whom the child’s needs assessment relates have changed in a way
that might affect the assessment.

(8) 30“Carer” has the same meaning as in section 58.

60 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
needs 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) 35whether 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
becomes 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
40carer’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
the carer’s case).

(4) Where, having refused a child’s carer’s assessment, a child’s carer requests the
45assessment, 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
authority 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) 5Where 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,
it 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
10development 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
the child) 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
15intends to provide care—

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

(b) as 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
20would 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) The references to providing care include a reference to providing practical or
emotional support.

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

(1) 25A 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
continue 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) 30the 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) the 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) 35A local authority, in carrying out a child’s carer’s assessment, must have
regard to—

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

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

(3) 40A local authority, in carrying out a child’s carer’s assessment, must involve—

(a) the carer, and

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

(a) 5an 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) advice and information about—

(i) what can be done to meet or reduce the needs which it thinks
10the 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) Where, in the case of a carer to whom a child’s carer’s assessment relates, the
child becomes 18, the local authority must decide whether to treat the
15assessment as a carer’s assessment; and if the authority decides to do so, this
Part applies to the child’s carer’s assessment as if it were a carer’s assessment
that had been carried out after the child had become 18.

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

(a) 20when the child’s carer’s assessment was carried out, and

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

(8) “Carer” has the same meaning as in section 60.

62 25Power 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) Regulations may make provision in connection with the exercise of the power
30under 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
section 17 of the Children Act 1989.

(4) 35“Carer” has the same meaning as in section 60.

63 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
40is 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) An assessment under subsection (1) is referred to in this Part as a “young
carer’s assessment”.

(3) The consent condition is met if—

(a) the young carer has capacity or is competent to consent to a young
5carer’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
authority is satisfied that carrying out a young carer’s assessment
would be in the young carer’s best interests.

(4) 10Where 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
neglect.

(5) Where a local authority, having received a request to carry out a young carer’s
15assessment 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) written reasons for its decision, and

(b) advice and information about what can be done to prevent or delay the
20development 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 (7)).

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

(a) 25under or by virtue of a contract, or

(b) as voluntary work.

(8) But 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
30young carer, that person is to be regarded as such (and subsection (7) is
therefore to be ignored in that case).

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

64 Young carer’s assessment: requirements etc.

(1) 35A young carer’s assessment must include an assessment of—

(a) whether the young carer is able to provide care for the person in
question 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) 40the 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
18,

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

(e) 45whether, 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 young carer’s assessment, must have regard
to—

(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) 5the 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
so after becoming 18).

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

(a) the young carer,

(b) 10the young carer’s parents, and

(c) any person whom the young carer or a parent of the young carer
requests 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
15support could contribute to the achievement of the outcomes that the young
carer wishes to achieve in day-to-day life.

(5) Having 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
20the 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) advice 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) 25what can be done to prevent or delay the development by the
young carer of needs for support in the future.

(6) But 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
30carer” 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
local 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
35after the person had become 18.

(8) In considering what to decide under subsection (7), a local authority must have
regard 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
40to whom the young carer’s assessment relates have changed in a way
that might affect the assessment.

65 Assessments under sections 58 to 64: further provision

(1) Regulations under section 12—

(a) may make such provision about carrying out a child’s needs
45assessment as they may make about carrying out a needs assessment;

(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)).

66 40Continuity of services under other legislation

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

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

(1) Subsections (2) to (4) apply where a local authority in England
providing services for a child in need in the exercise of functions
45conferred by section 17—

(a) are required by section 58(1) or 63(1) of the Care Act 2014 to
carry out a child’s needs assessment or young carer’s
assessment in relation to the child, or

(b) are required by section 60(1) of that Act to carry out a child’s
5carer’s assessment in relation to a carer of the child.

(2) If the local authority carry out the 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 59(6), 61(6) or 64(7) of the Care Act 2014 (with
Part 1 of that Act applying to the assessment as a result), the authority
10must 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 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 59(6), 61(6) or 64(7) of the Care Act 2014—

(a) 15they 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) If the local authority do not carry out the assessment before the child
20reaches 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) having decided that the duty applies and having discharged it,
25they reach a conclusion in his case.

(5) Subsection (6) applies where a local authority in England providing
services for a child in need in the exercise of functions conferred by
section 17—

(a) receive a request for a child’s needs assessment or young carer’s
30assessment to be carried out in relation to the child or for a
child’s carer’s assessment to be carried out in relation to a carer
of the child, but

(b) have yet to be required by section 58(1), 60(1) or 63(1) of the
Care Act 2014 to carry out the assessment.

(6) 35If 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) they decide that the duty under section 9 or 10 of the Care Act
2014 does not apply, or

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

(7) 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
or for support (as the case may be), or

(b) 45having 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

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

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

17ZI 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 17ZG, of
10functions conferred by section 17 are required to carry out a needs
assessment 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.

(3) 15The references to the local authority reaching a conclusion in a person’s
case are to be read with section 17ZH(7).

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

(2) In section 17ZG of that Act (continued provision of services under section 17
20where 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 17ZH or 17ZI”.

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

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

(1) 25Subsections (2) to (4) apply where a local authority in England making
arrangements for a disabled child under section 2 are required by
section 58(1) of the Care Act 2014 to carry out a child’s needs
assessment in relation to the child.

(2) If the local authority carry out the assessment before the child reaches
30the age of 18 and decide to treat it as a needs assessment in accordance
with section 59(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) 35If the local authority carry out the assessment before the child reaches
the age of 18 but decide not to treat it as a needs assessment in
accordance with section 59(6) of that Act—

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

(b) 40they 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 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) 45they 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) Subsection (6) applies where a local authority in England making
arrangements for a disabled child under section 2—

(a) 5receive a request for a child’s needs assessment to be carried out
in relation to the child, but

(b) have yet to be required by section 58(1) of the Care Act 2014 to
carry out the assessment.

(6) If the local authority do not decide, before the child reaches the age of
1018, 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,
15they reach a conclusion in his case.

(7) 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) 20having concluded that he has such needs, they conclude that
they are not going to meet any of those needs (whether because
those needs do not meet the eligibility criteria or for some other
reason).

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

Independent advocacy support

67 Involvement in assessments, plans etc.

(1) This section applies where a local authority is required by a relevant provision
30to involve an individual in its exercise of a function.

(2) The authority must, if the condition in subsection (4) is met, arrange for a
person who is independent of the authority (an “independent advocate”) to be
available to represent and support the individual for the purpose of facilitating
the individual’s involvement; but see subsection (5).

(3) 35The relevant provisions are—

(a) section 9(5)(a) and (b) (carrying out needs assessment);

(b) section 10(7)(a) (carrying out carer’s assessment);

(c) section 25(3)(a) and (b) (preparing care and support plan);

(d) section 25(4)(a) and (b) (preparing support plan);

(e) 40section 27(2)(b)(i) and (ii) (revising care and support plan);

(f) section 27(3)(b)(i) and (ii) (revising support plan);

(g) section 59(2)(a) and (b) (carrying out child’s needs assessment);

(h) section 61(3)(a) (carrying out child’s carer’s assessment);

(i) section 64(3)(a) and (b) (carrying out young carer’s assessment).