New Clause 3
Mental Health Bill [Lords]
5:30 pm
Duty to assess needs
‘(1) The 1983 Act is amended as follows—
(2) After section 1 insert—
“1A Assessment of needs for health and social care services
(1) Where it appears to a local authority or a health authority that—
(a) any person with a mental disorder for whom they may provide or arrange for the provision of community care services may be in need of any such services, or
(b) any person with a mental disorder may be in need of services which are commissioned by the health authority in respect of mentally disordered persons—
the authority and the health authority shall carry out a joint assessment of his needs for those services; and having regard to the results of that assessment, shall then decide whether his needs call for the provision by them of any such services.
(2) Where a local authority or health authority receives a request for an assessment under subsection (1) in writing by—
(a) the person with mental disorder,
(b) the carer, (as defined under section 1 of the Carers and Disabled Children Act 2000(c.16)),
(c) the person who is or who would be the nearest relative, or
(d) an approved mental health professional
the authorities must comply with subsection (3) below.
(3) The requirement referred to in subsection (2) above is to give notice, before the expiry of the period of 14 days beginning with the day on which the request is received, to the person who made the request of whether the health authority and local authority intends to undertake the assessment; and if the intention is not to undertake the assessment, of the reason why that is the case.”.’.—[Sandra Gidley.]