Care Bill [HL]

House of Lords

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Care Bill [HL]

Care Bill [HL]
Part 1 — Care and support
54

(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)
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
5
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
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
10
request—
(a)
written 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
15
care for an adult (but see subsection (8)).
(7)
“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
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(b)
as voluntary work.
(9)
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
young carer, that person is to be regarded as such (and subsection (8) is
25
therefore to be ignored in that case).
(10)
The 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—
30
(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)
the impact on the matters specified in section 1(2) of what the young
35
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)
whether, and if so to what extent, the provision of support could
40
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),
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Care Bill [HL]
Part 1 — Care and support
55

(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
so after becoming 18).
(3)
A local authority, in carrying out a young carer’s assessment, must involve—
(a)
the young carer,
5
(b)
the 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
10
support 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
15
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)
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;
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(ii)
what 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
25
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
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
30
after 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
35
to whom the young carer’s assessment relates have changed in a way
that might affect the assessment.
(9)
“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—
40
(a)
may make such provision about carrying out a child’s needs
assessment 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.
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Care Bill [HL]
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(2)
A local authority may combine a child’s needs assessment or young carer’s
assessment 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—
5
(a)
where the combination would include an assessment relating to
another 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.
10
(3)
A local authority may combine a child’s carer’s assessment with an assessment
it 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
15
(b)
where the combination would include an assessment relating to a child,
the 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
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(b)
the child lacks capacity or is not competent so to agree but the local
authority 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
25
assessment being or about to be carried out in relation to the person to whom
the 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
30
another person, jointly with that body and the other person.
(6)
A 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
35
assessment (as mentioned in subsections (2) and (3)).
67
Continuity 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
40
services for a child in need in the exercise of functions conferred by
section 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.
(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
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assessment in accordance with section 60(6) or 65(7) of the Care Act

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Part 1 — Care and support
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2013 (with Part 1 of that Act applying to the assessment as a result), the
authority 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
5
assessment in accordance with section 60(6) or 65(7) of the Care Act
2013—
(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
10
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 17 after he reaches that age until—
(a)
they decide that the duty under section 9 or 10 of the Care Act
15
2013 (needs or carer’s 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
18, whether or not to comply with the request, they must continue to
20
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
2013 does not apply, or
(b)
having decided that the duty applies and having discharged it,
they reach a conclusion in his case.
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(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
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
30
(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).
(7)
In this section, “child’s needs assessment”, “young carer’s assessment”,
35
“needs assessment”, “carer’s assessment” and “eligibility criteria” each
have the same meaning as in Part 1 of the Care Act 2013.
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
40
functions 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.
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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).

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(4)
In this section, “needs assessment” has the same meaning as in Part 1 of
the Care Act 2013.”
(2)
In 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
5
to do so under section 17ZB or 17ZC”.
(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)
This section applies where a local authority in England making
arrangements for a disabled child under section 2 receive a request for
10
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
child reaches the age of 18 and decide to treat it as a needs assessment
in accordance with section 60(6) of the Care Act 2013 (with Part 1 of that
Act applying to the assessment as a result), the authority must continue
15
to comply with section 2 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
assessment in accordance with section 60(6) of that Act—
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(a)
they must carry out a needs assessment after the child 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)
If the local authority decide to comply with the request but do not carry
25
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)
they decide that the duty under section 9 of the Care Act 2013
(needs assessment) does not apply, or
(b)
having decided that the duty applies and having discharged it,
30
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 2 after he reaches that age until—
(a)
they decide that the duty under section 9 of the Care Act 2013
35
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)
they conclude that he does not have needs for care and support,
40
(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
those needs do not meet the eligibility criteria or for some other
45
reason).

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(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
Act 2013.”
(4)
After section 2 of the Carers and Disabled Children Act 2000 insert—
“2A
Services for carers: transition for young carers to adult support
5
(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
request 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
10
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 2013 (with Part 1 of that
Act 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.
15
(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
assessment 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
20
(b)
they 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 carer reaches the age of 18, they must
continue to comply with section 2 after he reaches that age until—
25
(a)
they decide that the duty under section 10 of the Care Act 2013
(carer’s 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 carer reaches the age of
30
18, 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 10 of the Care Act 2013
does not apply, or
(b)
having decided that the duty applies and having discharged it,
35
they reach a conclusion in his case.
(6)
A local authority reach a conclusion in a carer’s case when—
(a)
they 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
40
(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).
(7)
In this section, “young carer’s assessment”, “carer’s assessment” and
45
“eligibility criteria” each have the same meaning as in Part 1 of the Care
Act 2013.”