Refusal of assessment
7.—(1) Where an individual or a vulnerable adult refuses to be assessed under section 6, the Director or a protector is not required to exercise any power under that section.
(2) Despite subsection (1), the Director or a protector may exercise any power under section 6 in relation to the individual or vulnerable adult—
- (a) if the Director or protector has reason to believe that the individual or vulnerable adult concerned lacks the mental capacity to refuse the assessment, and the Director or protector is satisfied that carrying out the assessment would be in the individual’s or vulnerable adult’s best interests; or
- (b) in accordance with an order of the court under subsection (3).
(3) Where an individual or a vulnerable adult does not lack mental capacity but refuses to be assessed under section 6 or refuses to be removed for the purpose of an assessment under that section, the court may, on an application made by the Director or a protector, make an order authorising the Director or a protector to exercise any power under section 6(1) in relation to that individual or vulnerable adult, if the court—
- (a) is satisfied, on a balance of probabilities, that the individual or vulnerable adult has experienced, or is experiencing or at risk of, abuse, neglect or self‑neglect; and
- (b) is of the view that such an order is necessary for the safety and protection of the individual or vulnerable adult.
(4) In making an order under subsection (3), the court may direct the Director or a protector to return the individual or vulnerable adult concerned to such place or to the care of such person, after the individual’s or vulnerable adult’s assessment, as the court thinks fit.
Power to enter premises
8.—(1) The Director or a protector may, without notice, enter at any time of the day or night any premises where an individual or a
