"GDPR Says Yes"

(1) Service users must be protected from abuse and improper treatment in accordance with this regulation. (2) Systems and processes must be established and operated effectively to prevent abuse of service users. (3) Systems and processes must be established and operated effectively to investigate, immediately upon becoming aware of, any allegation or evidence of such abuse. (4) Care or treatment for service users must not be provided in a way that-- (a) includes discrimination against a service user on grounds of any protected characteristic (as defined in section 4 of the Equality Act 2010) of the service user, (b) includes acts intended to control or restrain a service user that are not necessary to prevent, or not a proportionate response to, a risk of harm posed to the service user or another individual if the service user was not subject to control or restraint, (c) is degrading for the service user, or (d) significantly disregards the needs of the service user for care or treatment. (5) A service user must not be deprived of their liberty for the purpose of receiving care or treatment without lawful authority. (6) For the purposes of this regulation, 'abuse' means-- (a) any behaviour towards a service user that is an offence under the Sexual Offences Act 2003, (b) ill-treatment (whether of a physical or psychological nature) of a service user, (c) theft, misuse or misappropriation of money or property belonging to a service user, or (d) neglect of a service user. (7) For the purposes of this regulation, a person controls or restrains a service user if that person-- (a) uses, or threatens to use, force to secure the doing of an act which the service user resists, or (b) restricts the service user's liberty of movement, whether or not the service user resists, including by use of physical, mechanical or chemical means.

(1) This section applies to persons who are detained under section 3 above, or admitted to a hospital in pursuance of a hospital order made under section 37 above, or transferred to a hospital in pursuance of a hospital direction made under section 45A above or a transfer direction made under section 47 or 48 above, and then cease to be detained and (whether or not immediately after so ceasing) leave hospital. (2) It shall be the duty of the integrated care board or Local Health Board and of the local social services authority to provide or arrange for the provision of, in co-operation with relevant voluntary agencies, after-care services for any person to whom this section applies until such time as the integrated care board or Local Health Board and the local social services authority are satisfied that the person concerned is no longer in need of such services; but they shall not be so satisfied in the case of a community patient while he remains such a patient.

34 An age assessment is an assessment of whether the relevant person meets the age requirement.

13 The relevant person meets the age requirement if he has reached 18.

(7) In this regulation-- 'apology' means an expression of sorrow or regret in respect of a notifiable safety incident

Appointeeship - the management of benefits payments on behalf of someone who lacks mental capacity - is provided for in a number of regulations, depending on the benefits which the appointee will be dealing with: - ​The Social Security (Claims and Payments) Regulations 1987 - The Housing Benefit Regulations 2006 and Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 - The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (as amended) In all the above regulations, a deputy appointed by the Court of Protection has an automatic right to manage benefits payments and doesn't need to be designated as an appointee.  The 2006 and 2013 regulations say the same thing about the donee of a Lasting Power of Attorney.  Indeed, an appointee cannot be designated if a deputy or donee is in place. The 1987 and 2013 regulations, which cover benefits administered by the Department of Work and Pensions, also state that anyone designated as an appointee for Housing Benefit under the 2006 regulations can (if they agree) be treated as an appointee for the purposes of DWP administered benefits. Please follow the link above for further details.

Appointeeship - the management of benefits payments on behalf of someone who lacks mental capacity - is provided for in a number of regulations, depending on the benefits which the appointee will be dealing with: - The Social Security (Claims and Payments) Regulations 1987 - The Housing Benefit Regulations 2006 and Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 - The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (as amended) In all the above regulations, a deputy appointed by the Court of Protection has an automatic right to manage benefits payments and doesn't need to be designated as an appointee. The 2006 and 2013 regulations say the same thing about the donee of a Lasting Power of Attorney. Indeed, an appointee cannot be designated if a deputy or donee is in place. The 1987 and 2013 regulations, which cover benefits administered by the Department of Work and Pensions, also state that anyone designated as an appointee for Housing Benefit under the 2006 regulations can (if they agree) be treated as an appointee for the purposes of DWP administered benefits.

(8) In this section— “appropriate adult”, in relation to a person who has not attained the age of 18, means— (a) the persons’s parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation, (b) a social worker of a local authority, or (c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes; “appropriate adult”, in relation to a vulnerable adult, means— (a) a relative, guardian or other person responsible for the vulnerable adult’s care, (b) a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or (c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.

(5) The duty under subsection (2) [to arrange for an independent advocate] does not apply if the local authority is satisfied that there is a person-- (a) who would be an appropriate person to represent and support the individual for the purpose of facilitating the individual's involvement, and (b) who is not engaged in providing care or treatment for the individual in a professional capacity or for remuneration. (6) For the purposes of subsection (5), a person is not to be regarded as an appropriate person unless-- (a) where the individual has capacity or is competent to consent to being represented and supported by that person, the individual does so consent, or (b) where the individual lacks capacity or is not competent so to consent, the local authority is satisfied that being represented and supported by that person would be in the individual's best interests. S.68 (4) and (5) make similar provision in respect of safeguarding enquiries and reviews.

(1) The exception in section 67(5) of the Act does not apply in the circumstances specified in paragraphs (2) and (3). (2) The circumstances specified in this paragraph are that-- (a) the exercise of the assessment or planning function in relation to the individual is likely to result in an NHS body making arrangements for the provision to that individual of accommodation in-- (i) a hospital for a period of 28 days or more; or (ii) a care home for a period of 8 weeks or more; and (b) the local authority is satisfied that it would be in the best interests of the individual to make arrangements in relation to that individual under section 67(2) of the Act. (3) The circumstances specified in this paragraph are that-- (a) there is disagreement on a material issue between the local authority and the person referred to in section 67(5) of the Act in the case of the individual; and (b) the local authority and that person agree that making arrangements under section 67(2) of the Act in relation to the individual would be in the best interests of that individual.

(1) An LSSA [defined in Regulation 2 as "a local social services authority in England"] may only approve a person to act as an AMHP if it is satisfied that the person has appropriate competence in dealing with persons who are suffering from mental disorder. (2) In determining whether it is satisfied a person has appropriate competence, the LSSA must take into account the following factors-- (a) that the person fulfils at least one of the professional requirements, and (b) the matters set out in Schedule 2. (3) Before an LSSA may approve a person to act as an AMHP who has not been approved, or been treated as approved, before in England and Wales, the person must have completed within the last five years a course approved by the General Social Care Council or the Care Council for Wales. SCHEDULE 1 - Professional Requirements The professional requirements are as follows-- (a) a social worker registered with the General Social Care Council; (b) a first level nurse, registered in Sub-Part 1 of the Nurses' Part of the Register maintained under article 5 of the Nursing and Midwifery Order 2001, with the inclusion of an entry indicating their field of practice is mental health or learning disabilities nursing; (c) an occupational therapist registered in Part 6 of the Register maintained under article 5 of the Health Professions Order 2001; or (d) a chartered psychologist who is listed in the British Psychological Society's Register of Chartered Psychologists and who holds a relevant practising certificate issued by that Society. SCHEDULE 2 - Matters to be taken into account to determine competence [see source legislation for full detail] 1. Key Competence Area 1: Application of Values to the AMHP Role 2. Key Competence Area 2: Application of Knowledge: The Legal and Policy Framework 3. Key Competence Area 3: Application of Knowledge: Mental Disorder 4. Key Competence Area 4: Application of Skills: Working in Partnership 5. Key Competence Area 5: Application of Skills: Making and Communicating Informed Decisions

9 Assessment of an adult's needs for care and support (1) Where it appears to a local authority that an adult may have needs for care and support, the authority must assess-- (a) whether the adult does have needs for care and support, and (b) if the adult does, what those needs are. (2) An assessment under subsection (1) is referred to in this Part as a 'needs assessment'. (3) The duty to carry out a needs assessment applies regardless of the authority's view of-- (a) the level of the adult's needs for care and support, or (b) the level of the adult's financial resources. (4) A needs assessment must include an assessment of-- (a) the impact of the adult's needs for care and support on the matters specified in section 1(2), (b) the outcomes that the adult 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. [Further provisions made in sub-sections (5) to (7) - see source document] 10 Assessment of a carer's needs for support (1) Where it appears to a local authority that a carer may have needs for support (whether currently or in the future), the authority must assess— (a) whether the carer does have needs for support (or is likely to do so in the future), and (b) if the carer does, what those needs are (or are likely to be in the future). (2) An assessment under subsection (1) is referred to in this Part as a “carer's assessment”. (3) “Carer” means an adult who provides or intends to provide care for another adult (an “adult needing care”); but see subsections (9) and (10). (4) The duty to carry out a carer's assessment applies regardless of the authority's view of— (a) the level of the carer's needs for support, or (b) the level of the carer's financial resources or of those of the adult needing care. (5) A carer's assessment must include an assessment of— (a) whether the carer is able, and is likely to continue to be able, to provide care for the adult needing care, (b) whether the carer is willing, and is likely to continue to be willing, to do so, (c) the impact of the carer's needs for support on the matters specified in section 1(2), (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. [Further provisions made in sub-sections (6) to (12) - see source document] [S.11/S.12 provide further detail.]

(4) A person is authorised for the purposes of this section if-- (a) the person is authorised under the Mental Capacity Act 2005 to make decisions about the adult's needs for care and support, (b) where the person is not authorised as mentioned in paragraph (a), a person who is so authorised agrees with the local authority that the person is a suitable person to whom to make direct payments, or (c) where the person is not authorised as mentioned in paragraph (a) and there is no person who is so authorised, the local authority considers that the person is a suitable person to whom to make direct payments.

Wills: general 1 Paragraphs 2 to 4 apply in relation to the execution of a will, by virtue of section 18, on behalf of P. Provision that may be made in will 2 The will may make any provision (whether by disposing of property or exercising a power or otherwise) which could be made by a will executed by P if he had capacity to make it. Wills: requirements relating to execution 3(1) Sub-paragraph (2) applies if under section 16 the court makes an order or gives directions requiring or authorising a person (“the authorised person”) to execute a will on behalf of P. (2) Any will executed in pursuance of the order or direction— (a) must state that it is signed by P acting by the authorised person, (b) must be signed by the authorised person with the name of P and his own name, in the presence of two or more witnesses present at the same time, (c) must be attested and subscribed by those witnesses in the presence of the authorised person, and (d) must be sealed with the official seal of the court.

38 A best interests assessment is an assessment of whether the relevant person meets the best interests requirement. 39(1) In carrying out a best interests assessment, the assessor must comply with the duties in sub-paragraphs (2) and (3). (2) The assessor must consult the managing authority of the relevant hospital or care home. (3) The assessor must have regard to all of the following— (a) the conclusions which the mental health assessor has notified to the best interests assessor in accordance with paragraph 36(b); (b) any relevant needs assessment; (c) any relevant care plan. (4) A relevant needs assessment is an assessment of the relevant person's needs which— (a) was carried out in connection with the relevant person being accommodated in the relevant hospital or care home, and (b) was carried out by or on behalf of— (i) the managing authority of the relevant hospital or care home, or (ii) the supervisory body. (5) A relevant care plan is a care plan which— (a) sets out how the relevant person's needs are to be met whilst he is accommodated in the relevant hospital or care home, and (b) was drawn up by or on behalf of— (i) the managing authority of the relevant hospital or care home, or (ii) the supervisory body. (6) The managing authority must give the assessor a copy of— (a) any relevant needs assessment carried out by them or on their behalf, or (b) any relevant care plan drawn up by them or on their behalf. (7) The supervisory body must give the assessor a copy of— (a) any relevant needs assessment carried out by them or on their behalf, or (b) any relevant care plan drawn up by them or on their behalf. (8) The duties in sub-paragraphs (2) and (3) do not affect any other duty to consult or to take the views of others into account.

Eligibility to carry out a best interests assessment 5. (1) A person is eligible to carry out a best interests assessment if paragraphs (2) and (3) are met. (2) The person must be one of the following-- (a) an approved mental health professional; (b) a social worker registered with the General Social Care Council; (c) a first level nurse, registered in Sub-Part 1 of the Nurses’ Part of the Register maintained under article 5 of the Nursing and Midwifery Order 2001; (d) an occupational therapist registered in Part 6 of the register maintained under article 5 of the Health Professions Order 2001; or (e) a chartered psychologist who is listed in the British Psychological Society’s Register of Chartered Psychologists and who holds a relevant practising certificate issued by that Society. (3) The supervisory body must be satisfied that the person-- (a) is not suspended from the register or list relevant to the person’s profession mentioned in paragraph (2); (b) has at least two years post registration experience in one of the professions mentioned in paragraph (2); (c) has successfully completed training that has been approved by the Secretary of State(5) to be a best interests assessor; (d) except in the 12 month period beginning with the date the person has successfully completed the training referred to in sub-paragraph (c), the supervisory body must be satisfied that the person has, in the 12 months prior to selection, completed further training relevant to their role as a best interests assessor; and (e) has the skills necessary to obtain, evaluate and analyse complex evidence and differing views and to weigh them appropriately in decision making.

16 (1) The relevant person meets the best interests requirement if all of the following conditions are met. (2) The first condition is that the relevant person is, or is to be, a detained resident. (3) The second condition is that it is in the best interests of the relevant person for him to be a detained resident. (4) The third condition is that, in order to prevent harm to the relevant person, it is necessary for him to be a detained resident. (5) The fourth condition is that it is a proportionate response to— (a) the likelihood of the relevant person suffering harm, and (b) the seriousness of that harm, for him to be a detained resident.

(1) For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. (2) It does not matter whether the impairment or disturbance is permanent or temporary. (3) A lack of capacity cannot be established merely by reference to-- (a) a person's age or appearance, or (b) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about his capacity.

S.68(3) of the Care Act states: (3) The condition is that the local authority considers that, were an independent advocate not to be available, the individual would experience substantial difficulty in doing one or more of the following-- (a) understanding relevant information; (b) retaining that information; (c) using or weighing that information as part of the process of being involved; (d) communicating the individual's views, wishes or feelings (whether by talking, using sign language or any other means).

An Act to make provision to reform the law relating to care and support for adults and the law relating to support for carers; to make provision about safeguarding adults from abuse or neglect; to make provision about care standards; to establish and make provision about Health Education England; to establish and make provision about the Health Research Authority; to make provision about integrating care and support with health services; and for connected purposes.

Proposed definition of "care supporter" from the Care Supporters Bill presented to Parliament on 6 June 2023: A “care supporter” means a person who is – (a) a relative, friend or carer of the service user; or (b) a donee of a lasting power of attorney granted by the service user; or (c) any deputy appointed for the service user by the court; and who (d) the service user has requested should be permitted to accompany him or, if the service user is incapacitated, is a person who – (i) the service user has previously in writing requested should accompany him; (ii) has been designated as a care supporter pursuant to a best interests decision under section 4 of the Mental Capacity Act 2005.

(1) The following are examples of what may be provided to meet needs under sections 18 to 20-- (a) accommodation in a care home or in premises of some other type; (b) care and support at home or in the community; (c) counselling and other types of social work; (d) goods and facilities; (e) information, advice and advocacy. (2) The following are examples of the ways in which a local authority may meet needs under sections 18 to 20-- (a) by arranging for a person other than it to provide a service; (b) by itself providing a service; (c) by making direct payments.

(1) A care and support plan or, in the case of a carer, a support plan is a document prepared by a local authority which-- (a) specifies the needs identified by the needs assessment or carer's assessment, (b) specifies whether, and if so to what extent, the needs meet the eligibility criteria, (c) specifies the needs that the local authority is going to meet and how it is going to meet them, (d) specifies to which of the matters referred to in section 9(4) the provision of care and support could be relevant or to which of the matters referred to in section 10(5) and (6) the provision of support could be relevant, (e) includes the personal budget for the adult concerned (see section 26), and (f) includes advice and information about-- (i) what can be done to meet or reduce the needs in question; (ii) what can be done to prevent or delay the development of needs for care and support or of needs for support in the future. (2) Where some or all of the needs are to be met by making direct payments, the plan must also specify-- (a) the needs which are to be so met, and (b) the amount and frequency of the direct payments.

(1) A care and support plan or, in the case of a carer, a support plan is a document prepared by a local authority which-- (a) specifies the needs identified by the needs assessment or carer's assessment, (b) specifies whether, and if so to what extent, the needs meet the eligibility criteria, (c) specifies the needs that the local authority is going to meet and how it is going to meet them, (d) specifies to which of the matters referred to in section 9(4) the provision of care and support could be relevant or to which of the matters referred to in section 10(5) and (6) the provision of support could be relevant, (e) includes the personal budget for the adult concerned (see section 26), and (f) includes advice and information about-- (i) what can be done to meet or reduce the needs in question; (ii) what can be done to prevent or delay the development of needs for care and support or of needs for support in the future. (2) Where some or all of the needs are to be met by making direct payments, the plan must also specify-- (a) the needs which are to be so met, and (b) the amount and frequency of the direct payments.

(3) 'Carer' means an adult who provides or intends to provide care for another adult (an 'adult needing care'); but see subsections (9) and (10). (9) An adult is not to be regarded as a carer if the adult provides or intends to provide care-- (a) under or by virtue of a contract, or (b) as voluntary work. (10) But in a case where the local authority considers that the relationship between the adult needing care and the adult providing or intending to provide care is such that it would be appropriate for the latter to be regarded as a carer, that adult is to be regarded as such (and subsection (9) is therefore to be ignored in that case).

(1) Where it appears to a local authority that a carer may have needs for support (whether currently or in the future), the authority must assess-- (a) whether the carer does have needs for support (or is likely to do so in the future), and (b) if the carer does, what those needs are (or are likely to be in the future). (2) An assessment under subsection (1) is referred to in this Part as a 'carer's assessment'.

(1) A local authority-- (a) may make a charge for meeting needs under sections 18 to 20, and (b) where it is meeting needs because Condition 2 in section 18 or Condition 2 or 4 in section 20 is met, may make a charge (in addition to the charge it makes under paragraph (a)) for putting in place the arrangements for meeting those needs. (2) The power to make a charge under subsection (1) for meeting needs under section 18 is subject to section 15. (3) The power to make a charge under subsection (1) for meeting a carer's needs for support under section 20 by providing care and support to the adult needing care may not be exercised so as to charge the carer. (4) A charge under subsection (1)(a) may cover only the cost that the local authority incurs in meeting the needs to which the charge applies. [Provision continues with further detail]

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) 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 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 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 the 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 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) 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, 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 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 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 intends 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 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) The references to providing care include a reference to providing practical or emotional support. 61 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 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) 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) 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) A 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) A 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) 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) advice 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) 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 assessment 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) when 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 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) Regulations 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— (a) section 17 of the Children Act 1989, or (b) sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014. (4) “Carer” has the same meaning as in section 60.

58 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 be 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 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 “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) 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 accordingly 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 request— (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) a 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 providing 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. 59 Child's needs assessment: requirements etc. (1) A 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 (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) 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) 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 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) 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) what 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 substituted “ 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 after 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 to whom the child's needs assessment relates have changed in a way that might affect the assessment. (8) “Carer” has the same meaning as in section 58.

(5) A local authority may combine a needs or 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 needs or carer's assessment relates agrees and— (a) where the combination would include an assessment relating to another adult, that other adult agrees; (b) where the combination would include an assessment relating to a child (including a young carer), the consent condition is met in relation to the child. (6) 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 authority is satisfied that combining the assessments would be in the child's best interests.

17A Community treatment orders (1) The responsible clinician may by order in writing discharge a detained patient from hospital subject to his being liable to recall in accordance with section 17E below. (2) A detained patient is a patient who is liable to be detained in a hospital in pursuance of an application for admission for treatment. (3) An order under subsection (1) above is referred to in this Act as a “community treatment order”. (4) The responsible clinician may not make a community treatment order unless— (a) in his opinion, the relevant criteria are met; and (b) an approved mental health professional states in writing— (i) that he agrees with that opinion; and (ii) that it is appropriate to make the order. (5) The relevant criteria are— (a) the patient is suffering from mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment; (b) it is necessary for his health or safety or for the protection of other persons that he should receive such treatment; (c) subject to his being liable to be recalled as mentioned in paragraph (d) below, such treatment can be provided without his continuing to be detained in a hospital; (d) it is necessary that the responsible clinician should be able to exercise the power under section 17E(1) below to recall the patient to hospital; and (e) appropriate medical treatment is available for him. (6) In determining whether the criterion in subsection (5)(d) above is met, the responsible clinician shall, in particular, consider, having regard to the patient's history of mental disorder and any other relevant factors, what risk there would be of a deterioration of the patient's condition if he were not detained in a hospital (as a result, for example, of his refusing or neglecting to receive the medical treatment he requires for his mental disorder). (7) In this Act— “community patient” means a patient in respect of whom a community treatment order is in force; “the community treatment order”, in relation to such a patient, means the community treatment order in force in respect of him; and “the responsible hospital”, in relation to such a patient, means the hospital in which he was liable to be detained immediately before the community treatment order was made, subject to section 19A below.

(1) A local authority must provide or arrange for the provision of services, facilities or resources, or take other steps, which it considers will-- (a) contribute towards preventing or delaying the development by adults in its area of needs for care and support; (b) contribute towards preventing or delaying the development by carers in its area of needs for support; (c) reduce the needs for care and support of adults in its area; (d) reduce the needs for support of carers in its area. (2) In performing that duty, a local authority must have regard to-- (a) the importance of identifying services, facilities and resources already available in the authority's area and the extent to which the authority could involve or make use of them in performing that duty [Whilst the above does not make use of the term "community assets", para 2(2)(a) describes the services, facilities and resources that the term is generally used to mean.]

Article 4: Definitions For the purposes of this Regulation: (11) 'consent' of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her; Article 7: Conditions for consent 1. Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data. 2. If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding. 3. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent. 4. When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.

(1) If, on the day of the intended move as mentioned in section 37(1)(b), (2)(b) or (3)(b), the second authority has yet to carry out the assessment or assessments under section 37(6), or has done so but has yet to take the other steps required under this Part in the adult's case, it must-- (a) meet the adult's needs for care and support, and the needs for support of any carer who is continuing as the adult's carer, which the first authority has been meeting, and (b) where the first authority has been keeping a care account in the adult's case, itself keep that account on the same basis as the first authority has been keeping it. (2) The second authority is subject to the duty under subsection (1) until it has-- (a) carried out the assessment or assessments under section 37(6), and (b) taken the other steps required under this Part in the adult's case.

An Act to make provision in connection with coronavirus; and for connected purposes. Act (except for specified provisions) expires at the end of 2 years beginning with the date of Royal Assent, see s. 89 (subject to s. 90); and a relevant national authority may by regulations suspend (and subsequently revive) the operation of any provision of this Act (except for those provisions listed in s. 88(6)), see s. 88.

A link is provided to the Coronavirus Act 2020 (2020 c. 7). In total the following legislation has been enacted relating to Coronavirus: - UK Statutory Instruments (450) - Northern Ireland Statutory Rules (293) - Scottish Statutory Instruments (253) - Wales Statutory Instruments (216) - Acts of the Scottish Parliament (7) - UK Public General Acts (3) - Acts of the Northern Ireland Assembly (2) - Acts of Senedd Cymru (1) Legislation by Year - 2023 (3) - 2022 (104) - 2021 (475) - 2020 (643)

Article 45: Tasks of the data protection officer 1. The data protection officer shall have the following tasks: (a) to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union data protection provisions; (b) to ensure in an independent manner the internal application of this Regulation; to monitor compliance with this Regulation, with other applicable Union law containing data protection provisions and with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, the raising of awareness and training of staff involved in processing operations, and the related audits; (c) to ensure that data subjects are informed of their rights and obligations pursuant to this Regulation; (d) to provide advice where requested as regards the necessity for a notification or a communication of a personal data breach pursuant to Articles 34 and 35; (e) to provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 39 and to consult the European Data Protection Supervisor in case of doubt as to the need for a data protection impact assessment; (f) to provide advice where requested as regards the need for prior consultation of the European Data Protection Supervisor pursuant to Article 40; to consult the European Data Protection Supervisor in case of doubt as to the need for a prior consultation; (g) to respond to requests from the European Data Protection Supervisor; within the sphere of his or her competence, to cooperate and consult with the European Data Protection Supervisor at the latter�s request or on his or her own initiative; (h) to ensure that the rights and freedoms of data subjects are not adversely affected by processing operations. 2. The data protection officer may make recommendations to the controller and the processor for the practical improvement of data protection and advise them on matters concerning the application of data protection provisions. Furthermore he or she may, on his or her own initiative or at the request of the controller or the processor, the staff committee concerned or any individual, investigate matters and occurrences directly relating to his or her tasks which come to his or her notice, and report back to the person who commissioned the investigation or to the controller or the processor. 3. Further implementing rules concerning the data protection officer shall be adopted by each Union institution or body. The implementing rules shall in particular concern the tasks, duties and powers of the data protection officer.

(2) A 'deferred payment agreement' is an agreement under which a local authority agrees not to require until the specified time either or both of the following-- (a) the payment of the specified part of the amounts due from an adult to the authority under such provision of this Part or of regulations under this Part as is specified in regulations; (b) the repayment of the specified part of a loan made under the agreement by the authority to an adult for the purpose of assisting the adult to obtain the provision of care and support for the adult.

4A Restriction on deprivation of liberty (1) This Act does not authorise any person (“D”) to deprive any other person (“P”) of his liberty. (2) But that is subject to— (a)the following provisions of this section, and (b)section 4B. (3) D may deprive P of his liberty if, by doing so, D is giving effect to a relevant decision of the court. (4) A relevant decision of the court is a decision made by an order under section 16(2)(a) in relation to a matter concerning P's personal welfare. (5) D may deprive P of his liberty if the deprivation is authorised by Schedule A1 (hospital and care home residents: deprivation of liberty). D may deprive P of liberty if, by doing so, D is carrying out arrangements authorised under Schedule AA1 (arrangements enabling the care and treatment of persons who lack capacity). 4B Deprivation of liberty necessary for life-sustaining treatment or vital act (1) If Conditions 1 to 4 are met, D is authorised to take steps which deprive P of liberty. (2) Condition 1 is that the steps— (a) are wholly or partly for the purpose of giving P life-sustaining treatment or doing any vital act, or (b) consist wholly or partly of giving P life-sustaining treatment or doing any vital act. (3) A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P's condition. (4) Condition 2 is that the steps are necessary in order to give the life-sustaining treatment or do the vital act. (5) Condition 3 is that D reasonably believes that P lacks capacity to consent to D taking the steps. (6) Condition 4 is that— (a) subsection (7) applies, or (b) there is an emergency. (7) This subsection applies if— (a) a decision relevant to whether D is authorised to deprive P of liberty is being sought from the court, or (b) a responsible body is carrying out functions under Schedule AA1 with a view to determining whether to authorise arrangements that give rise to a deprivation of P's liberty. (8) In subsection (7) it does not matter— (a) whether the decision mentioned in paragraph (a) relates to the steps mentioned in subsection (1); (b) whether the arrangements mentioned in paragraph (b) include those steps. (9) There is an emergency if D reasonably believes that— (a) there is an urgent need to take the steps mentioned in subsection (1) in order to give the life-sustaining treatment or do the vital act, and (b) it is not reasonably practicable before taking those steps— (i) to make an application for P to be detained under Part 2 of the Mental Health Act, (ii) to make an application within subsection (7)(a), or (iii) to secure that action within subsection (7)(b) is taken.

Notional income 17.--(1) The adult is to be treated as possessing income of which the adult has deprived themselves for the purpose of decreasing the amount they may be liable to pay towards the cost of meeting their needs for care and support, or their needs for support. Notional capital 22.--(1) The adult is to be treated as possessing capital of which the adult has deprived themselves for the purpose of decreasing the amount that they may be liable to pay towards the cost of meeting their needs for care and support, or their needs for support, except-- (a) where that capital is derived from a payment made in consequence of any personal injury and is placed on trust for the benefit of the adult; (b) to the extent that the capital which the adult is treated as possessing is reduced in accordance with regulation 23; or (c) any sum to which paragraph 44(1) or 45(a) of Schedule 10 to the Income Support Regulations (disregard of compensation for personal injuries which is administered by the Court) refers.

16 Powers to make decisions and appoint deputies: general (1) This section applies if a person (“P”) lacks capacity in relation to a matter or matters concerning— (a) P's personal welfare, or (b) P's property and affairs. (2) The court may— (a) by making an order, make the decision or decisions on P's behalf in relation to the matter or matters, or (b) appoint a person (a “deputy”) to make decisions on P's behalf in relation to the matter or matters. (3) The powers of the court under this section are subject to the provisions of this Act and, in particular, to sections 1 (the principles) and 4 (best interests). (4) When deciding whether it is in P's best interests to appoint a deputy, the court must have regard (in addition to the matters mentioned in section 4) to the principles that— (a) a decision by the court is to be preferred to the appointment of a deputy to make a decision, and (b) the powers conferred on a deputy should be as limited in scope and duration as is reasonably practicable in the circumstances. (5) The court may make such further orders or give such directions, and confer on a deputy such powers or impose on him such duties, as it thinks necessary or expedient for giving effect to, or otherwise in connection with, an order or appointment made by it under subsection (2). (6) Without prejudice to section 4, the court may make the order, give the directions or make the appointment on such terms as it considers are in P's best interests, even though no application is before the court for an order, directions or an appointment on those terms. (7) An order of the court may be varied or discharged by a subsequent order. (8) The court may, in particular, revoke the appointment of a deputy or vary the powers conferred on him if it is satisfied that the deputy— (a) has behaved, or is behaving, in a way that contravenes the authority conferred on him by the court or is not in P's best interests, or (b) proposes to behave in a way that would contravene that authority or would not be in P's best interests. See also: Section 17: Section 16 powers: personal welfare Section 18: Section 16 powers: property and affairs Section 19: Appointment of deputies Section 20: Restrictions on deputies

“Detained resident” means a person detained in a hospital or care home--for the purpose of being given care or treatment--in circumstances which amount to deprivation of the person's liberty.

(1) This section applies where-- (a) a personal budget for an adult specifies an amount which the local authority must pay towards the cost of meeting the needs to which the personal budget relates, and (b) the adult requests the local authority to meet some or all of those needs by making payments to the adult or a person nominated by the adult. (2) If conditions 1 to 4 are met, the local authority must, subject to regulations under section 33, make the payments to which the request relates to the adult or nominated person. (3) A payment under this section is referred to in this Part as a 'direct payment'.

6 Disability (1) A person (P) has a disability if— (a) P has a physical or mental impairment, and (b) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities. (2) A reference to a disabled person is a reference to a person who has a disability. (3) In relation to the protected characteristic of disability— (a) a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability; (b) a reference to persons who share a protected characteristic is a reference to persons who have the same disability. (4) This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)— (a) a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and (b) a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability. (5) A Minister of the Crown may issue guidance about matters to be taken into account in deciding any question for the purposes of subsection (1). (6) Schedule 1 (disability: supplementary provision) has effect.

Impairment 1 Regulations may make provision for a condition of a prescribed description to be, or not to be, an impairment. Long-term effects 2 (1) The effect of an impairment is long-term if— (a) it has lasted for at least 12 months, (b) it is likely to last for at least 12 months, or (c) it is likely to last for the rest of the life of the person affected. (2) If an impairment ceases to have a substantial adverse effect on a person's ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur. (3) For the purposes of sub-paragraph (2), the likelihood of an effect recurring is to be disregarded in such circumstances as may be prescribed. (4) Regulations may prescribe circumstances in which, despite sub-paragraph (1), an effect is to be treated as being, or as not being, long-term. Severe disfigurement 3 (1) An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities. (2) Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect. (3) The regulations may, in particular, make provision in relation to deliberately acquired disfigurement. Substantial adverse effects 4 Regulations may make provision for an effect of a prescribed description on the ability of a person to carry out normal day-to-day activities to be treated as being, or as not being, a substantial adverse effect. Effect of medical treatment 5 (1) An impairment is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if— (a) measures are being taken to treat or correct it, and (b) but for that, it would be likely to have that effect. (2) “Measures” includes, in particular, medical treatment and the use of a prosthesis or other aid. (3) Sub-paragraph (1) does not apply— (a) in relation to the impairment of a person's sight, to the extent that the impairment is, in the person's case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; (b) in relation to such other impairments as may be prescribed, in such circumstances as are prescribed. Certain medical conditions 6 (1) Cancer, HIV infection and multiple sclerosis are each a disability. (2) HIV infection is infection by a virus capable of causing the Acquired Immune Deficiency Syndrome. Deemed disability 7 (1) Regulations may provide for persons of prescribed descriptions to be treated as having disabilities. (2) The regulations may prescribe circumstances in which a person who has a disability is to be treated as no longer having the disability. (3)This paragraph does not affect the other provisions of this Schedule. Progressive conditions 8 (1) This paragraph applies to a person (P) if— (a) P has a progressive condition, (b) as a result of that condition P has an impairment which has (or had) an effect on P's ability to carry out normal day-to-day activities, but (c) the effect is not (or was not) a substantial adverse effect. (2) P is to be taken to have an impairment which has a substantial adverse effect if the condition is likely to result in P having such an impairment. (3)Regulations may make provision for a condition of a prescribed description to be treated as being, or as not being, progressive. Past disabilities 9 (1) A question as to whether a person had a disability at a particular time (“the relevant time”) is to be determined, for the purposes of section 6, as if the provisions of, or made under, this Act were in force when the act complained of was done had been in force at the relevant time. (2) The relevant time may be a time before the coming into force of the provision of this Act to which the question relates.

PART 2 - Determination of Disability Addictions 3.—(1) Subject to paragraph (2) below, addiction to alcohol, nicotine or any other substance is to be treated as not amounting to an impairment for the purposes of the Act. (2) Paragraph (1) above does not apply to addiction which was originally the result of administration of medically prescribed drugs or other medical treatment. Other conditions not to be treated as impairments 4.—(1) For the purposes of the Act the following conditions are to be treated as not amounting to impairments:— (a) a tendency to set fires, (b) a tendency to steal, (c) a tendency to physical or sexual abuse of other persons, (d) exhibitionism, and (e) voyeurism. (2) Subject to paragraph (3) below, for the purposes of the Act the condition known as seasonal allergic rhinitis shall be treated as not amounting to an impairment. (3) Paragraph (2) above shall not prevent that condition from being taken into account for the purposes of the Act where it aggravates the effect of any other condition. Tattoos and piercings 5. For the purposes of paragraph 3 of Schedule 1 to the Act, a severe disfigurement is not to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if it consists of— (a) a tattoo (which has not been removed), or (b) a piercing of the body for decorative or other non-medical purposes, including any object attached through the piercing for such purposes. Babies and young children 6. For the purposes of the Act, where a child under six years of age has an impairment which does not have a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities, the impairment is to be taken to have a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities where it would normally have that effect on the ability of a person aged 6 years or over to carry out normal day-to-day activities. Persons deemed to have a disability 7. A person is deemed to have a disability, and hence to be a disabled person, for the purposes of the Act where that person is certified as blind, severely sight impaired, sight impaired or partially sighted by a consultant ophthalmologist.

In this Chapter the 'disabled occupant', in relation to an application for grant, means the disabled person for whose benefit it is proposed to carry out any of the relevant works.

10 Appointment of donees (1) A donee of a lasting power of attorney must be— (a) an individual who has reached 18, or (b) if the power relates only to P's property and affairs, either such an individual or a trust corporation. (2) An individual who is bankrupt or is a person in relation to whom a debt relief order is made may not be appointed as donee of a lasting power of attorney in relation to P's property and affairs. (3) Subsections (4) to (7) apply in relation to an instrument under which two or more persons are to act as donees of a lasting power of attorney. (4) The instrument may appoint them to act— (a) jointly, (b) jointly and severally, or (c) jointly in respect of some matters and jointly and severally in respect of others. (5) To the extent to which it does not specify whether they are to act jointly or jointly and severally, the instrument is to be assumed to appoint them to act jointly. (6) If they are to act jointly, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part 1 or 2 of Schedule 1 prevents a lasting power of attorney from being created. (7) If they are to act jointly and severally, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part 1 or 2 of Schedule 1— (a) prevents the appointment taking effect in his case, but (b) does not prevent a lasting power of attorney from being created in the case of the other or others. (8) An instrument used to create a lasting power of attorney— (a) cannot give the donee (or, if more than one, any of them) power to appoint a substitute or successor, but (b) may itself appoint a person to replace the donee (or, if more than one, any of them) on the occurrence of an event mentioned in section 13(6)(a) to (d) which has the effect of terminating the donee's appointment.

(1) A health service body must act in an open and transparent way with relevant persons in relation to care and treatment provided to service users in carrying on a regulated activity. (2) As soon as reasonably practicable after becoming aware that a notifiable safety incident has occurred a health service body must-- (a)notify the relevant person that the incident has occurred in accordance with paragraph (3), and (b)provide reasonable support to the relevant person in relation to the incident, including when giving such notification. (3) The notification to be given under paragraph (2)(a) must-- (a)be given in person by one or more representatives of the health service body, (b)provide an account, which to the best of the health service body's knowledge is true, of all the facts the health service body knows about the incident as at the date of the notification, (c)advise the relevant person what further enquiries into the incident the health service body believes are appropriate, (d)include an apology, and (e)be recorded in a written record which is kept securely by the health service body. (4) The notification given under paragraph (2)(a) must be followed by a written notification given or sent to the relevant person containing-- (a)the information provided under paragraph (3)(b), (b)details of any enquiries to be undertaken in accordance with paragraph (3)(c), (c)the results of any further enquiries into the incident, and (d)an apology.

(1) A local authority, having made a determination under section 13(1), must meet the adult's needs for care and support which meet the eligibility criteria if-- (a) the adult is ordinarily resident in the authority's area or is present in its area but of no settled residence, (b) the adult's accrued costs do not exceed the cap on care costs, and (c) there is no charge under section 14 for meeting the needs or, in so far as there is, condition 1, 2 or 3 is met.

(1) A local authority, having made a determination under section 13(1), must meet a carer's needs for support which meet the eligibility criteria if-- (a) the adult needing care is ordinarily resident in the local authority's area or is present in its area but of no settled residence, (b) in so far as meeting the carer's needs involves the provision of support to the carer, there is no charge under section 14 for meeting the needs or, in so far as there is, condition 1 or 2 is met, and (c) in so far as meeting the carer's needs involves the provision of care and support to the adult needing care-- (i) there is no charge under section 14 for meeting the needs and the adult needing care agrees to the needs being met in that way, or (ii) in so far as there is such a charge, condition 3 or 4 is met.

46 An eligibility assessment is an assessment of whether the relevant person meets the eligibility requirement. 47 (1) Regulations may— (a) require an eligibility assessor to request a best interests assessor to provide relevant eligibility information, and (b) require the best interests assessor, if such a request is made, to provide such relevant eligibility information as he may have. (2) In this paragraph— “best interests assessor” means any person who is carrying out, or has carried out, a best interests assessment in relation to the relevant person; “eligibility assessor” means a person carrying out an eligibility assessment in relation to the relevant person; “relevant eligibility information” is information relevant to assessing whether or not the relevant person is ineligible by virtue of paragraph 5 of Schedule 1A.

(1) An adult's needs meet the eligibility criteria if-- (a) the adult's needs arise from or are related to a physical or mental impairment or illness; (b) as a result of the adult's needs the adult is unable to achieve two or more of the outcomes specified in paragraph (2); and (c) as a consequence there is, or is likely to be, a significant impact on the adult's well-being. (2) The specified outcomes are-- (a) managing and maintaining nutrition; (b) maintaining personal hygiene; (c) managing toilet needs; (d) being appropriately clothed; (e) being able to make use of the adult's home safely; (f) maintaining a habitable home environment; (g) developing and maintaining family or other personal relationships; (h) accessing and engaging in work, training, education or volunteering; (i) making use of necessary facilities or services in the local community including public transport, and recreational facilities or services; and (j) carrying out any caring responsibilities the adult has for a child. (3) For the purposes of this regulation an adult is to be regarded as being unable to achieve an outcome if the adult-- (a) is unable to achieve it without assistance; (b) is able to achieve it without assistance but doing so causes the adult significant pain, distress or anxiety; (c) is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the adult, or of others; or (d) is able to achieve it without assistance but takes significantly longer than would normally be expected.

(1) A carer's needs meet the eligibility criteria if-- (a) the needs arise as a consequence of providing necessary care for an adult; (b) the effect of the carer's needs is that any of the circumstances specified in paragraph (2) apply to the carer; and (c) as a consequence of that fact there is, or is likely to be, a significant impact on the carer's well-being. (2) The circumstances specified in this paragraph are as follows-- (a) the carer's physical or mental health is, or is at risk of, deteriorating; (b) the carer is unable to achieve any of the following outcomes-- (i) carrying out any caring responsibilities the carer has for a child; (ii) providing care to other persons for whom the carer provides care; (iii) maintaining a habitable home environment in the carer's home (whether or not this is also the home of the adult needing care); (iv) managing and maintaining nutrition; (v) developing and maintaining family or other personal relationships; (vi) engaging in work, training, education or volunteering; (vii) making use of necessary facilities or services in the local community, including recreational facilities or services; and (viii) engaging in recreational activities. (3) For the purposes of paragraph (2) a carer is to be regarded as being unable to achieve an outcome if the carer-- (a) is unable to achieve it without assistance; (b) is able to achieve it without assistance but doing so causes the carer significant pain, distress or anxiety; or (c) is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the carer, or of others. (4) Where the level of a carer's needs fluctuates, in determining whether the carer's needs meet the eligibility criteria, the local authority must take into account the carer's circumstances over such period as it considers necessary to establish accurately the carer's level of need.

(1) An adult's needs meet the eligibility criteria if-- (a) the adult's needs arise from or are related to a physical or mental impairment or illness; (b) as a result of the adult's needs the adult is unable to achieve two or more of the outcomes specified in paragraph (2); and (c) as a consequence there is, or is likely to be, a significant impact on the adult's well-being. (2) The specified outcomes are-- (a) managing and maintaining nutrition; (b) maintaining personal hygiene; (c) managing toilet needs; (d) being appropriately clothed; (e) being able to make use of the adult's home safely; (f) maintaining a habitable home environment; (g) developing and maintaining family or other personal relationships; (h) accessing and engaging in work, training, education or volunteering; (i) making use of necessary facilities or services in the local community including public transport, and recreational facilities or services; and (j) carrying out any caring responsibilities the adult has for a child. (3) For the purposes of this regulation an adult is to be regarded as being unable to achieve an outcome if the adult-- (a) is unable to achieve it without assistance; (b) is able to achieve it without assistance but doing so causes the adult significant pain, distress or anxiety; (c) is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the adult, or of others; or (d) is able to achieve it without assistance but takes significantly longer than would normally be expected.

(1) A carer's needs meet the eligibility criteria if-- (a)the needs arise as a consequence of providing necessary care for an adult; (b)the effect of the carer's needs is that any of the circumstances specified in paragraph (2) apply to the carer; and (c)as a consequence of that fact there is, or is likely to be, a significant impact on the carer's well-being. (2) The circumstances specified in this paragraph are as follows-- (a)the carer's physical or mental health is, or is at risk of, deteriorating; (b)the carer is unable to achieve any of the following outcomes-- (i)carrying out any caring responsibilities the carer has for a child; (ii)providing care to other persons for whom the carer provides care; (iii)maintaining a habitable home environment in the carer's home (whether or not this is also the home of the adult needing care); (iv)managing and maintaining nutrition; (v)developing and maintaining family or other personal relationships; (vi)engaging in work, training, education or volunteering; (vii)making use of necessary facilities or services in the local community, including recreational facilities or services; and (viii)engaging in recreational activities. (3) For the purposes of paragraph (2) a carer is to be regarded as being unable to achieve an outcome if the carer-- (a)is unable to achieve it without assistance; (b)is able to achieve it without assistance but doing so causes the carer significant pain, distress or anxiety; or (c)is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the carer, or of others. (4) Where the level of a carer's needs fluctuates, in determining whether the carer's needs meet the eligibility criteria, the local authority must take into account the carer's circumstances over such period as it considers necessary to establish accurately the carer's level of need.

17 (1) The relevant person meets the eligibility requirement unless he is ineligible to be deprived of liberty by this Act. (2) Schedule 1A applies for the purpose of determining whether or not P is ineligible to be deprived of liberty by this Act.

(1) An adult's needs meet the eligibility criteria if-- (a) the adult's needs arise from or are related to a physical or mental impairment or illness; (b) as a result of the adult's needs the adult is unable to achieve two or more of the outcomes specified in paragraph (2); and (c) as a consequence there is, or is likely to be, a significant impact on the adult's well-being. (2) The specified outcomes are-- (a) managing and maintaining nutrition; (b) maintaining personal hygiene; (c) managing toilet needs; (d) being appropriately clothed; (e) being able to make use of the adult's home safely; (f) maintaining a habitable home environment; (g) developing and maintaining family or other personal relationships; (h) accessing and engaging in work, training, education or volunteering; (i) making use of necessary facilities or services in the local community including public transport, and recreational facilities or services; and (j) carrying out any caring responsibilities the adult has for a child. (3) For the purposes of this regulation an adult is to be regarded as being unable to achieve an outcome if the adult-- (a) is unable to achieve it without assistance; (b) is able to achieve it without assistance but doing so causes the adult significant pain, distress or anxiety; (c) is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the adult, or of others; or (d) is able to achieve it without assistance but takes significantly longer than would normally be expected.

(1) A carer's needs meet the eligibility criteria if-- (a)the needs arise as a consequence of providing necessary care for an adult; (b)the effect of the carer's needs is that any of the circumstances specified in paragraph (2) apply to the carer; and (c)as a consequence of that fact there is, or is likely to be, a significant impact on the carer's well-being. (2) The circumstances specified in this paragraph are as follows-- (a)the carer's physical or mental health is, or is at risk of, deteriorating; (b)the carer is unable to achieve any of the following outcomes-- (i)carrying out any caring responsibilities the carer has for a child; (ii)providing care to other persons for whom the carer provides care; (iii)maintaining a habitable home environment in the carer's home (whether or not this is also the home of the adult needing care); (iv)managing and maintaining nutrition; (v)developing and maintaining family or other personal relationships; (vi)engaging in work, training, education or volunteering; (vii)making use of necessary facilities or services in the local community, including recreational facilities or services; and (viii)engaging in recreational activities. (3) For the purposes of paragraph (2) a carer is to be regarded as being unable to achieve an outcome if the carer-- (a)is unable to achieve it without assistance; (b)is able to achieve it without assistance but doing so causes the carer significant pain, distress or anxiety; or (c)is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the carer, or of others. (4) Where the level of a carer's needs fluctuates, in determining whether the carer's needs meet the eligibility criteria, the local authority must take into account the carer's circumstances over such period as it considers necessary to establish accurately the carer's level of need.

(1) In these Regulations-- 'employment' means-- (a) employment under a contract of service, an apprenticeship, a contract for services or otherwise than under a contract, and (b) the grant of practising privileges by a service provider to a medical practitioner, giving permission to practice as a medical practitioner in a hospital managed by the service provider,

(3) 'Abuse' includes financial abuse; and for that purpose 'financial abuse' includes-- (a)having money or other property stolen, (b)being defrauded, (c)being put under pressure in relation to money or other property, and (d)having money or other property misused.

(1) A local authority must establish and maintain a service for providing people in its area with information and advice relating to care and support for adults and support for carers. (2) The service must provide information and advice on the following matters in particular-- (d) how to access independent financial advice on matters relevant to the meeting of needs for care and support

(3) 'Abuse' includes financial abuse; and for that purpose 'financial abuse' includes-- (a)having money or other property stolen, (b)being defrauded, (c)being put under pressure in relation to money or other property, and (d)having money or other property misused.

(4) Where the level of an adult's needs fluctuates, in determining whether the adult's needs meet the eligibility criteria, the local authority must take into account the adult's circumstances over such period as it considers necessary to establish accurately the adult's level of need.

United Kingdom General Data Protection Regulation Article 1: Subject-matter and objectives 1. This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. 2. This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.

An Act to make provision for the regulation of the processing of information relating to individuals; to make provision in connection with the Information Commissioner's functions under certain regulations relating to information; to make provision for a direct marketing code of practice; and for connected purposes.

(1) A patient who has attained the age of 16 years may be received into guardianship, for the period allowed by the following provisions of this Act, in pursuance of an application (in this Act referred to as “a guardianship application”) made in accordance with this section. (2) A guardianship application may be made in respect of a patient on the grounds that— (a) he is suffering from mental disorder, of a nature or degree which warrants his reception into guardianship under this section; and (b) it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should be so received. (3) A guardianship application shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with; and each such recommendation shall include— (a) such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraph (a) of that subsection; and (b) a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (b) of that subsection. (4) A guardianship application shall state the age of the patient or, if his exact age is not known to the applicant, shall state (if it be the fact) that the patient is believed to have attained the age of 16 years. (5) The person named as guardian in a guardianship application may be either a local social services authority or any other person (including the applicant himself); but a guardianship application in which a person other than a local social services authority is named as guardian shall be of no effect unless it is accepted on behalf of that person by the local social services authority for the area in which he resides, and shall be accompanied by a statement in writing by that person that he is willing to act as guardian.

(3) 'Health provision' means provision of health services as part of the health service.

'Health provision' means provision of health services as part of the health service

(4) 'Health-related provision' means provision of services which may have an effect on the health of individuals but which are not-- (a)health services provided as part of the health service, or (b)services provided in the exercise of social services functions (as defined by section 1A of the Local Authority Social Services Act 1970). (5) For the purposes of this section, the provision of housing is health-related provision

175 Homelessness and threatened homelessness. (1) A person is homeless if he has no accommodation available for his occupation, in the United Kingdom or elsewhere, which he-- (a) is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, (b) has an express or implied licence to occupy, or (c) occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession. (2) A person is also homeless if he has accommodation but-- (a) he cannot secure entry to it, or (b) it consists of a moveable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it. (3) A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy. (4) A person is threatened with homelessness if it is likely that he will become homeless within 56 days. (5) A person is also threatened with homelessness if-- (a) a valid notice has been given to the person under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) in respect of the only accommodation the person has that is available for the person's occupation, and (b) that notice will expire within 56 days.

An Act to make provision for grants and other assistance for housing purposes and about action in relation to unfit housing; to amend the law relating to construction contracts and architects; to provide grants and other assistance for regeneration and development and in connection with clearance areas; to amend the provisions relating to home energy efficiency schemes; to make provision in connection with the dissolution of urban development corporations, housing action trusts and the Commission for the New Towns; and for connected purposes.

67 Involvement in assessments, plans etc. (1) This section applies where a local authority is required by a relevant provision to 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) The 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) section 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). (4) The condition is that the local authority considers that, were an independent advocate not to be available, the individual would experience substantial difficulty in doing one or more of the following-- (a) understanding relevant information; (b) retaining that information; (c) using or weighing that information as part of the process of being involved; (d) communicating the individual's views, wishes or feelings (whether by talking, using sign language or any other means). (5) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person-- (a) who would be an appropriate person to represent and support the individual for the purpose of facilitating the individual's involvement, and (b) who is not engaged in providing care or treatment for the individual in a professional capacity or for remuneration. 68 Safeguarding enquiries and reviews (1) This section applies where there is to be— (a) an enquiry under section 42(2), (b) a review under section 44(1) of a case in which condition 2 in section 44(3) is met or a review under section 44(4). (2) The relevant local authority must, if the condition in subsection (3) is met, arrange for a person who is independent of the authority (an “independent advocate”) to be available to represent and support the adult to whose case the enquiry or review relates for the purpose of facilitating his or her involvement in the enquiry or review; but see subsections (4) and (6). (3) The condition is that the local authority considers that, were an independent advocate not to be available, the individual would experience substantial difficulty in doing one or more of the following— (a) understanding relevant information; (b) retaining that information; (c) using or weighing that information as part of the process of being involved; (d) communicating the individual's views, wishes or feelings (whether by talking, using sign language or any other means). (4) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person— (a) who would be an appropriate person to represent and support the adult for the purpose of facilitating the adult's involvement, and (b) who is not engaged in providing care or treatment for the adult in a professional capacity or for remuneration. (5) For the purposes of subsection (4), a person is not to be regarded as an appropriate person unless— (a) where the adult has capacity to consent to being represented and supported by that person, the adult does so consent, or (b) where the adult lacks capacity so to consent, the local authority is satisfied that being represented and supported by that person would be in the adult's best interests. (6) If the enquiry or review needs to begin as a matter of urgency, it may do so even if the authority has not yet been able to comply with the duty under subsection (2) (and the authority continues to be subject to the duty). (7) “Relevant local authority” means— (a) in a case within subsection (1)(a), the authority making the enquiry or causing it to be made; (b) in a case within subsection (1)(b), the authority which established the SAB arranging the review.

Requirements for a person to be an independent advocate 2.—(1) A local authority must not make arrangements for a person to be an independent advocate under section 67(2) of the Act unless the authority is satisfied that the person— (a) has appropriate experience; (b) has undertaken appropriate training; (c) is competent to represent and support the individual for the purpose of facilitating that individual’s involvement in any assessment and planning function; (d) has integrity and is of good character; and (e) has arrangements in place to receive appropriate supervision. (2) A local authority must not make arrangements for a person to be an independent advocate under section 67(2) of the Act where that person is engaged in providing care or treatment in a professional capacity, or for remuneration— (a) for the individual to whom representation and support are to be made available; or (b) for— (i) that individual’s carer, where the individual is an adult with care and support needs; or (ii) the adult in respect of whom that individual is providing care, where the individual is a carer. (3) The requirements that must be met for a person to be independent for the purposes of section 67(2) of the Act are that— (a) the local authority is satisfied that the person demonstrates the ability to act independently of the local authority; and (b) the person is not employed by, or otherwise working for, the local authority.

(5) 'Independent financial advice' means financial advice provided by a person who is independent of the local authority in question.

(1) The appropriate authority may make regulations as to the functions of independent mental capacity advocates. (2) The regulations may, in particular, make provision requiring an advocate to take such steps as may be prescribed for the purpose of-- (a) providing support to the person whom he has been instructed to represent or support so that that person may participate as fully as possible in any relevant decision; (b) obtaining and evaluating relevant information; (c) ascertaining what the wishes and feelings of the person the advocate has been instructed to represent ('P') would be likely to be, and the beliefs and values that would be likely to influence P, if he had capacity; (d) ascertaining what alternative courses of action are available in relation to P; (da) in the case of an advocate instructed to support an appropriate person where paragraph 43 of Schedule AA1 applies, supporting that person to ascertain-- (i) what the wishes and feelings of the cared-for person who that appropriate person represents and supports would be likely to be and the beliefs and values that would be likely to influence the cared-for person; (ii) what alternative courses of action are available in relation to the cared-for person who that appropriate person represents and supports; (e) obtaining a further medical opinion where treatment is proposed and the advocate thinks that one should be obtained. (3) The regulations may also make provision as to circumstances in which the advocate may challenge, or provide assistance for the purpose of challenging, any relevant decision.

Appointment of independent mental capacity advocates 5.—(1) No person may be appointed to act as an IMCA for the purposes of sections 37 to 39 of the Act, or regulations made by virtue of section 41 of the Act, unless— (a) he is for the time being approved by a local authority on the grounds that he satisfies the appointment requirements, or (b) he belongs to a class of persons which is for the time being approved by a local authority on the grounds that all persons in that class satisfy the appointment requirements. (2) The appointment requirements, in relation to a person appointed to act as an IMCA, are that— (a) he has appropriate experience or training or an appropriate combination of experience and training; (b) he is a person of integrity and good character; and (c) he is able to act independently of any person who instructs him. (3) Before a determination is made in relation to any person for the purposes of paragraph (2)(b), there must be obtained in respect of that person— (a) an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997(7); or (b) if the purpose for which the certificate is required is not one prescribed under subsection (2) of that section, a criminal record certificate issued pursuant to section 113A of that Act. Functions of an independent mental capacity advocate 6.—(1) This regulation applies where an IMCA has been instructed by an authorised person to represent a person (“P”). (2) “Authorised person” means a person who is required or enabled to instruct an IMCA under sections 37 to 39 of the Act or under regulations made by virtue of section 41of the Act. (3) The IMCA must determine in all the circumstances how best to represent and support P. (4) In particular, the IMCA must— (a) verify that the instructions were issued by an authorised person; (b) to the extent that it is practicable and appropriate to do so— (i) interview P, and (ii) examine the records relevant to P to which the IMCA has access under section 35(6) of the Act; (c) to the extent that it is practicable and appropriate to do so, consult— (i) persons engaged in providing care or treatment for P in a professional capacity or for remuneration, and (ii) other persons who may be in a position to comment on P’s wishes, feelings, beliefs or values; and (d) take all practicable steps to obtain such other information about P, or the act or decision that is proposed in relation to P, as the IMCA considers necessary. (5) The IMCA must evaluate all the information he has obtained for the purpose of— (a) ascertaining the extent of the support provided to P to enable him to participate in making any decision about the matter in relation to which the IMCA has been instructed; (b) ascertaining what P’s wishes and feelings would be likely to be, and the beliefs and values that would be likely to influence P, if he had capacity in relation to the proposed act or decision; (c) ascertaining what alternative courses of action are available in relation to P; (d) where medical treatment is proposed for P, ascertaining whether he would be likely to benefit from a further medical opinion. (6) The IMCA must prepare a report for the authorised person who instructed him. (7) The IMCA may include in the report such submissions as he considers appropriate in relation to P and the act or decision which is proposed in relation to him. Challenges to decisions affecting persons who lack capacity 7.—(1) This regulation applies where— (a) an IMCA has been instructed to represent a person (“P”) in relation to any matter, and (b) a decision affecting P (including a decision as to his capacity) is made in that matter. (2) The IMCA has the same rights to challenge the decision as he would have if he were a person (other than an IMCA) engaged in caring for P or interested in his welfare.

Adjustment of the obligation to make arrangements imposed by section 35 of the Act 2. Arrangements made by the Secretary of State under section 35 of the Act may include such provision as she considers reasonable for the purpose of enabling IMCAs to be available to represent and support persons in the circumstances specified in regulation 3 or 4. Review of arrangements as to accommodation 3.—(1) The circumstances specified in this regulation are where— (a) qualifying arrangements have been made by an NHS body or local authority as to the accommodation of a person (“P”) who lacks capacity to agree to the arrangements; (b) a review of the arrangements is proposed or in progress (whether under a care plan or otherwise); (c) the NHS body is satisfied, or the local authority are satisfied, that there is no person, other than a person engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P’s best interests; (d) none of the following exist— (i) a person nominated by P (in whatever manner) as a person to be consulted in matters affecting his interests, (ii) a donee of a lasting power of attorney created by P, (iii) a deputy appointed by the Court of Protection for P, or (iv) a donee of an enduring power of attorney (within the meaning of Schedule 4 to the Act) created by P; and (e) sections 37, 38 and 39 of the Act do not apply. (2) In this regulation— “accommodation” means— (a) accommodation in a care home or hospital, or (b) residential accommodation provided in accordance with— (i) section 21 or 29 of the National Assistance Act 1948, or (ii) section 117 of the Mental Health Act 1983, as the result of a decision taken by a local authority under section 47 of the National Health Service and Community Care Act 1990; “care home” and “hospital” have the same meaning as in section 38 of the Act; and “qualifying arrangements” means arrangements— (a) under which accommodation has been provided for P for a continuous period of 12 weeks or more, and (b) which are not made as a result of an obligation imposed on P under the Mental Health Act 1983. Adult protection cases 4.—(1) The circumstances specified in this regulation are where— (a)an NHS body proposes to take or has taken, or a local authority propose to take or have taken, protective measures in relation to a person (“P”) who lacks capacity to agree to one or more of the measures; (b) the proposal is made or the measures have been taken— (i) following the receipt of an allegation or evidence that P is being, or has been, abused or neglected by another person or that P is abusing, or has abused, another person, and (ii) in accordance with arrangements relating to the protection of vulnerable adults from abuse which are made pursuant to guidance issued under section 7 of the Local Authority Social Services Act 1970(10); and (c) none of the following provisions apply— (i) section 37, 38 or 39 of the Act, or (ii) regulation 3 of these Regulations. (2) The reference to protective measures in relation to P includes measures to minimise the risk that any abuse or neglect of P, or abuse by P, will continue.

130A Independent mental health advocates: England (1) A local social services authority whose area is in England shall make such arrangements as it considers reasonable to enable persons (“independent mental health advocates”) to be available to help qualifying patients for whom the authority is responsible for the purposes of this section. (2) The Secretary of State may by regulations make provision as to the appointment of persons as independent mental health advocates. (3) The regulations may, in particular, provide— (a) that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations; (b) for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations. (4) In making arrangements under this section, a local social services authority shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who is professionally concerned with the patient's medical treatment. (5) For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patient's medical treatment merely because he is representing him in accordance with arrangements— (a) under section 35 of the Mental Capacity Act 2005; or (b) of a description specified in regulations under this section. (6) Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements. (7) Regulations under this section— (a) may make different provision for different cases; (b) may make provision which applies subject to specified exceptions; (c) may include transitional, consequential, incidental or supplemental provision. 130B Arrangements under section 130A (1) The help available to a qualifying patient under arrangements under section 130A above shall include help in obtaining information about and understanding-- (a) the provisions of this Act by virtue of which he is a qualifying patient; (b) any conditions or restrictions to which he is subject by virtue of this Act; (c) what (if any) medical treatment is given to him or is proposed or discussed in his case; (d) why it is given, proposed or discussed; (e) the authority under which it is, or would be, given; and (f) the requirements of this Act which apply, or would apply, in connection with the giving of the treatment to him. (2) The help available under the arrangements to a qualifying patient shall also include-- (a) help in obtaining information about and understanding any rights which may be exercised under this Act by or in relation to him; and (b) help (by way of representation or otherwise) in exercising those rights.

Independent Mental Health Advocates: conditions 6.—(1) A person may not act as an IMHA unless the conditions specified in paragraph (2) are satisfied. (2) Those conditions are that the person referred to in paragraph (1)— (a) has appropriate experience or training or an appropriate combination of experience and training; (b) is a person of integrity and good character; (c) is able to act independently of any person who is professionally concerned with the qualifying patient’s medical treatment; and (d) is able to act independently of any person who requests that person to visit or interview the qualifying patient. (3) For the purposes of the condition referred to in paragraph (2)(a) regard must be had to standards in guidance that may be issued from time to time by the Secretary of State. (4) The standards referred to in paragraph (3) may include any qualification that the Secretary of State may determine as appropriate. (5) For the purposes of the condition referred to in paragraph (2)(b) there must be obtained in respect of that person— (a) an enhanced criminal record certificate issued pursuant to section 113B of the Police Act 1997 (enhanced criminal record certificates); or (b) if the purpose for which the certificate is required is not one prescribed under subsection (2) of that section, a criminal record certificate issued pursuant to section 113A of that Act (criminal record certificates). Persons not professionally concerned with a patient’s medical treatment 7. For the purposes of section 130A(5) of the Act a person is not to be regarded as professionally concerned with a qualifying patient’s medical treatment if that person— (a) is representing the patient in accordance with— (i) arrangements made for the purposes of section 130A functions; (ii) arrangements made other than for the purposes of that section; (b) has in the past represented the qualifying patient in accordance with arrangements referred to in sub-paragraph (a) and in doing so was not otherwise professionally concerned in that patient’s treatment.

(1) The general duty of a local authority, in exercising a function under this Part in the case of an individual, is to promote that individual's well-being. (3) In exercising a function under this Part in the case of an individual, a local authority must have regard to the following matters in particular-- (b) the individual's views, wishes, feelings and beliefs;

(1) A local authority must establish and maintain a service for providing people in its area with information and advice relating to care and support for adults and support for carers. (2) The service must provide information and advice on the following matters in particular-- (a) the system provided for by this Part and how the system operates in the authority's area, (b) the choice of types of care and support, and the choice of providers, available to those who are in the authority's area, (c) how to access the care and support that is available, (d) how to access independent financial advice on matters relevant to the meeting of needs for care and support, and (e) how to raise concerns about the safety or well-being of an adult who has needs for care and support.

(5) Where none of the needs of the adult concerned meet the eligibility criteria, the local authority must give him or her written advice and information about-- (a) what can be done to meet or reduce the needs; (b) what can be done to prevent or delay the development of needs for care and support, or the development of needs for support, in the future.

(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 be 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 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 “child's needs assessment”. ... (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) 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. [Section 60 of the Care Act makes identical provisions for a CHIL'S CARER'S ASSESSMENT in respect of the support needs of a child's carer after the child turns 18. This includes the duty to provide information and advice set out in sub-section 5.]

An integrated care board established under Chapter A3 of Part 2 has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act.

Amendments to the National Health Service Act 2006 to define the duties and powers of Integrated Care Boards are made by the Health and Care Act 2022, Sections 18-25

Health and Care Act 2022, S.31 gives the following implicit definition of an Integrated Health System: (1) Chapter 3 of Part 1 of the Health and Social Care Act 2008 (quality of health and social care) is amended as follows. (2) After section 46A (inserted by section 163 of this Act) insert-- "46B Reviews and performance assessments: integrated care system (1) The Commission must, in accordance with this section-- (a) conduct reviews of-- (i) the provision of relevant health care, and adult social care, within the area of each integrated care board, and (ii) the exercise of the functions of the following in relation to the provision of that care within the area of each integrated care board: the board; its partner local authorities; and registered service providers, (b) assess the functioning of the system for the provision of relevant health care, and adult social care, within the area of each integrated care board (taking into account, in particular, how those mentioned in paragraph (a)(ii) work together), and (c) publish a report of its assessment.

(7) Where a local authority is carrying out a needs or carer's assessment, and there is some other assessment being or about to be carried out in relation to the adult 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 another person, jointly with that body and the other person.

(3) In exercising a function under this Part in the case of an individual, a local authority must have regard to the following matters in particular-- (a) the importance of beginning with the assumption that the individual is best-placed to judge the individual's well-being; (b) the individual's views, wishes, feelings and beliefs; (c) the importance of preventing or delaying the development of needs for care and support or needs for support and the importance of reducing needs of either kind that already exist; (d) the need to ensure that decisions about the individual are made having regard to all the individual's circumstances (and are not based only on the individual's age or appearance or any condition of the individual's or aspect of the individual's behaviour which might lead others to make unjustified assumptions about the individual's well-being); (e) the importance of the individual participating as fully as possible in decisions relating to the exercise of the function concerned and being provided with the information and support necessary to enable the individual to participate; (f) the importance of achieving a balance between the individual's well-being and that of any friends or relatives who are involved in caring for the individual; (g) the need to protect people from abuse and neglect; (h) the need to ensure that any restriction on the individual's rights or freedom of action that is involved in the exercise of the function is kept to the minimum necessary for achieving the purpose for which the function is being exercised.

(1) For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. (2) It does not matter whether the impairment or disturbance is permanent or temporary. (3) A lack of capacity cannot be established merely by reference to-- (a) a person's age or appearance, or (b) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about his capacity.

9 Lasting powers of attorney (1) A lasting power of attorney is a power of attorney under which the donor (“P”) confers on the donee (or donees) authority to make decisions about all or any of the following— (a) P's personal welfare or specified matters concerning P's personal welfare, and (b) P's property and affairs or specified matters concerning P's property and affairs, and which includes authority to make such decisions in circumstances where P no longer has capacity. (2) A lasting power of attorney is not created unless— (a) section 10 is complied with, (b) an instrument conferring authority of the kind mentioned in subsection (1) is made and registered in accordance with Schedule 1, and (c) at the time when P executes the instrument, P has reached 18 and has capacity to execute it. (3) An instrument which— (a) purports to create a lasting power of attorney, but (b) does not comply with this section, section 10 or Schedule 1, confers no authority. (4) The authority conferred by a lasting power of attorney is subject to— (a) the provisions of this Act and, in particular, sections 1 (the principles) and 4 (best interests), and (b) any conditions or restrictions specified in the instrument. 10 Appointment of donees (1) A donee of a lasting power of attorney must be— (a) an individual who has reached 18, or (b) if the power relates only to P's property and affairs, either such an individual or a trust corporation. (2) An individual who is bankrupt or is a person in relation to whom a debt relief order is made may not be appointed as donee of a lasting power of attorney in relation to P's property and affairs. (3) Subsections (4) to (7) apply in relation to an instrument under which two or more persons are to act as donees of a lasting power of attorney. (4) The instrument may appoint them to act— (a) jointly, (b) jointly and severally, or (c) jointly in respect of some matters and jointly and severally in respect of others. (5) To the extent to which it does not specify whether they are to act jointly or jointly and severally, the instrument is to be assumed to appoint them to act jointly. (6) If they are to act jointly, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part 1 or 2 of Schedule 1 prevents a lasting power of attorney from being created. (7) If they are to act jointly and severally, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part 1 or 2 of Schedule 1— (a) prevents the appointment taking effect in his case, but (b) does not prevent a lasting power of attorney from being created in the case of the other or others. (8) An instrument used to create a lasting power of attorney— (a) cannot give the donee (or, if more than one, any of them) power to appoint a substitute or successor, but (b) may itself appoint a person to replace the donee (or, if more than one, any of them) on the occurrence of an event mentioned in section 13(6)(a) to (d) which has the effect of terminating the donee's appointment. 11 Lasting powers of attorney: restrictions (1) A lasting power of attorney does not authorise the donee (or, if more than one, any of them) to do an act that is intended to restrain P, unless three conditions are satisfied. (2) The first condition is that P lacks, or the donee reasonably believes that P lacks, capacity in relation to the matter in question. (3) The second is that the donee reasonably believes that it is necessary to do the act in order to prevent harm to P. (4) The third is that the act is a proportionate response to— (a) the likelihood of P's suffering harm, and (b) the seriousness of that harm. (5) For the purposes of this section, the donee restrains P if he— (a) uses, or threatens to use, force to secure the doing of an act which P resists, or (b) restricts P's liberty of movement, whether or not P resists, or if he authorises another person to do any of those things. (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P's personal welfare, the authority— (a) does not extend to making such decisions in circumstances other than those where P lacks, or the donee reasonably believes that P lacks, capacity, (b) is subject to sections 24 to 26 (advance decisions to refuse treatment), and (c) extends to giving or refusing consent to the carrying out or continuation of a treatment by a person providing health care for P. (8) But subsection (7)(c)— (a) does not authorise the giving or refusing of consent to the carrying out or continuation of life-sustaining treatment, unless the instrument contains express provision to that effect, and (b) is subject to any conditions or restrictions in the instrument. 12 Scope of lasting powers of attorney: gifts (1) Where a lasting power of attorney confers authority to make decisions about P's property and affairs, it does not authorise a donee (or, if more than one, any of them) to dispose of the donor's property by making gifts except to the extent permitted by subsection (2). (2) The donee may make gifts— (a) on customary occasions to persons (including himself) who are related to or connected with the donor, or (b) to any charity to whom the donor made or might have been expected to make gifts, if the value of each such gift is not unreasonable having regard to all the circumstances and, in particular, the size of the donor's estate. (3) “Customary occasion” means— (a) the occasion or anniversary of a birth, a marriage or the formation of a civil partnership, or (b) any other occasion on which presents are customarily given within families or among friends or associates. (4) Subsection (2) is subject to any conditions or restrictions in the instrument. 13 Revocation of lasting powers of attorney etc. (1) This section applies if— (a) P has executed an instrument with a view to creating a lasting power of attorney, or (b) a lasting power of attorney is registered as having been conferred by P, and in this section references to revoking the power include revoking the instrument. (2) P may, at any time when he has capacity to do so, revoke the power. (3) P's bankruptcy, or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of P, revokes the power so far as it relates to P's property and affairs. (4) But where P is bankrupt merely because an interim bankruptcy restrictions order has effect in respect of him, or where P is subject to an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986), the power is suspended, so far as it relates to P's property and affairs, for so long as the order has effect. (5) The occurrence in relation to a donee of an event mentioned in subsection (6)— (a) terminates his appointment, and (b) except in the cases given in subsection (7), revokes the power. (6) The events are— (a) the disclaimer of the appointment by the donee in accordance with such requirements as may be prescribed for the purposes of this section in regulations made by the Lord Chancellor, (b) subject to subsections (8) and (9), the death or bankruptcy of the done or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donee or, if the donee is a trust corporation, its winding-up or dissolution, (c) subject to subsection (11), the dissolution or annulment of a marriage or civil partnership between the donor and the donee, (d) the lack of capacity of the donee. (7) The cases are— (a) the donee is replaced under the terms of the instrument, (b) he is one of two or more persons appointed to act as donees jointly and severally in respect of any matter and, after the event, there is at least one remaining donee. (8) The bankruptcy of a donee or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a donee does not terminate his appointment, or revoke the power, in so far as his authority relates to P's personal welfare. (9) Where the donee is bankrupt merely because an interim bankruptcy restrictions order has effect in respect of him or where the donee is subject to an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986), his appointment and the power are suspended, so far as they relate to P's property and affairs, for so long as the order has effect. (10) Where the donee is one of two or more appointed to act jointly and severally under the power in respect of any matter, the reference in subsection (9) to the suspension of the power is to its suspension in so far as it relates to that donee. (11) The dissolution or annulment of a marriage or civil partnership does not terminate the appointment of a donee, or revoke the power, if the instrument provided that it was not to do so.

(1) The following are examples of what may be provided to meet needs under sections 18 to 20-- (a) accommodation in a care home or in premises of some other type; (b) care and support at home or in the community; (c) counselling and other types of social work; (d) goods and facilities; (e) information, advice and advocacy. (2) The following are examples of the ways in which a local authority may meet needs under sections 18 to 20-- (a) by arranging for a person other than it to provide a service; (b) by itself providing a service; (c) by making direct payments.

(1) For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. (2) It does not matter whether the impairment or disturbance is permanent or temporary. (3) A lack of capacity cannot be established merely by reference to-- (a) a person's age or appearance, or (b) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about his capacity.

An Act to make new provision relating to persons who lack capacity; to establish a superior court of record called the Court of Protection in place of the office of the Supreme Court called by that name; to make provision in connection with the Convention on the International Protection of Adults signed at the Hague on 13th January 2000; and for connected purposes.

An Act to consolidate the law relating to mentally disordered persons.

37 A mental capacity assessment is an assessment of whether the relevant person meets the mental capacity requirement.

15 The relevant person meets the mental capacity requirement if he lacks capacity in relation to the question whether or not he should be accommodated in the relevant hospital or care home for the purpose of being given the relevant care or treatment.

35 A mental health assessment is an assessment of whether the relevant person meets the mental health requirement. 36 When carrying out a mental health assessment, the assessor must also— (a) consider how (if at all) the relevant person's mental health is likely to be affected by his being a detained resident, and (b) notify the best interests assessor of his conclusions.

14 (1) The relevant person meets the mental health requirement if he is suffering from mental disorder (within the meaning of the Mental Health Act, but disregarding any exclusion for persons with learning disability). (2) An exclusion for persons with learning disability is any provision of the Mental Health Act which provides for a person with learning disability not to be regarded as suffering from mental disorder for one or more purposes of that Act.

(7) In this regulation-- 'moderate harm' means-- (a)harm that requires a moderate increase in treatment, and (b)significant, but not permanent, harm