8.1 The council will consider whether the person would have substantial difficulty in engaging with the local authority care and support processes. The Care Act defines 4 areas in which people may experience a substantial difficulty The four areas are:
- understanding relevant information
- retaining that information
- using or weighing up the information as part of the process of being involved
- communicating their views, wishes or feelings whether by talking, using sign language or any other means
8.2 When considering whether the person would experience substantial difficulty, the council will take into account:
- any health condition, learning difficulty or disability that the person has
- the complexity of their circumstances, whether or not these are related to their care and support
- whether the person is at risk of, or is experiencing, abuse or neglect, and
- where support is being considered for an assessment, whether the person has previously refused an assessment
