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PART 1 E+WINTRODUCTION

OverviewE+W

1Overview of this ActE+W

(1)This Act has 11 Parts.

(2)This Part provides an overview of the whole Act and defines some key terms.

(3)Part 2 (general duties)—

(a)requires persons exercising functions under this Act to seek to promote the well-being of people who need care and support and carers who need support (section 5);

(b)imposes overarching duties on persons exercising functions under this Act in relation to persons who need or may need care and support, carers who need or may need support, or persons in respect of whom functions are exercisable under Part 6, so as to give effect to certain key principles (section 6);

(c)requires the Welsh Ministers to issue a statement specifying the well-being outcomes that are to be achieved for people who need care and support and carers who need support and to issue a code to help achieve those outcomes (sections 8 to 13);

(d)requires local authorities to assess the needs in their areas for care and support, support for carers and preventative services (section 14);

(e)requires local authorities to provide or arrange for the provision of preventative services (section 15);

(f)requires the promotion by local authorities of social enterprises, co-operatives, user led services and the third sector in the provision in their areas of care and support and support for carers (section 16);

(g)requires the provision by local authorities of a service providing information and advice relating to care and support and support for carers and assistance in accessing it (section 17);

(h)requires local authorities to establish and maintain registers of sight-impaired, hearing-impaired and other disabled people (section 18).

(4)Part 3 (assessing the needs of individuals) provides for—

(a)the circumstances in which a local authority must assess a person's needs for care and support or a carer's needs for support;

(b)how assessments are to be carried out.

(5)Part 4 (meeting needs) provides for—

(a)the circumstances in which needs for care and support or support for carers may or must be met by local authorities;

(b)how needs are to be met.

(6)Part 5 (charging and financial assessment) provides for—

(a)the circumstances in which local authorities may charge for providing or arranging care and support or support for carers;

(b)the circumstances in which local authorities may charge for preventative services and the provision of assistance;

(c)how such charges are to be set, paid and enforced.

(7)Part 6 (looked after and accommodated children)—

(a)provides for the interpretation of references to a child or young person looked after by a local authority (section 74);

(b)requires local authorities—

(i)to secure sufficient accommodation in their areas for the children they look after (section 75), and

(ii)to accommodate children without parents or who are lost or abandoned or are under police protection, detention or on remand (sections 76 and 77);

(c)provides for the functions of local authorities in relation to the children they look after (sections 75 to 103, 124 and 125);

(d)provides for the circumstances in which local authorities may or must provide support for young people—

(i)leaving, or who have left, local authority care;

(ii)formerly accommodated in certain establishments;

(iii)formerly fostered;

(iv)with respect to whom special guardianship orders are or were in force;

(sections 104 to 118);

(e)provides for limits on the use of secure accommodation for children looked after by local authorities or local authorities in England or children of a description specified in regulations (section 119);

(f)requires the assessment by local authorities of children who are accommodated by health authorities or education authorities or in care homes or independent hospitals and the provision of visits and services to those children (sections 120 to 123);

(g)introduces Schedule 1 which makes provision about contributions towards the maintenance of children looked after by local authorities.

(8)Part 7 (safeguarding)—

(a)requires local authorities to investigate where they suspect that an adult with care and support needs is at risk of abuse or neglect (section 126);

(b)provides for adult protection and support orders to authorise entry to premises (if necessary by force) for the purpose of enabling an authorised officer of a local authority to assess whether an adult is at risk of abuse or neglect and, if so, what to do about it (section 127);

(c)requires local authorities and their relevant partners to report to the appropriate authority where they suspect that people may be at risk of abuse or neglect (sections 128 and 130);

(d)disapplies section 47 of the National Assistance Act 1948 (which enables local authorities to apply for a court order to remove people in need of care and attention from their homes to hospitals or other places) (section 129);

(e)establishes a National Independent Safeguarding Board to provide support and advice in order to ensure the effectiveness of Safeguarding Boards (sections 132 and 133);

(f)provides for Safeguarding Boards for adults and children and for the combination of such boards (sections 134 to 141).

(9)Part 8 (social services functions)—

(a)introduces Schedule 2, which specifies the social services functions of local authorities (section 143);

(b)requires the appointment of directors of social services by local authorities and makes related provision (section 144);

(c)provides for codes about the exercise of social services functions to be made by the Welsh Ministers (sections 145 to 149);

(d)provides for intervention by the Welsh Ministers in the exercise of social services functions where a local authority is failing to exercise them properly (sections 150 to 161).

(10)Part 9 (co-operation and partnership)—

(a)requires local authorities to make arrangements to promote co-operation with their relevant partners and others in relation to adults with needs for care and support, carers and children (sections 162 and 163);

(b)imposes a duty on the relevant partners to co-operate with, and provide information to, the local authorities for the purpose of their social services functions (section 164);

(c)makes provision about promoting the integration of care and support with health services (section 165);

(d)provides for partnership arrangements between local authorities and Local Health Boards for the discharge of their functions (sections 166 to 169);

(e)empowers the Welsh Ministers to direct local authorities to enter into joint arrangements for the provision of an adoption service (section 170).

(11)Part 10 (complaints, representations and advocacy services) has three chapters.

(12)Chapter 1 provides for complaints and representations about social services provided or arranged by local authorities.

(13)Chapter 2 provides for complaints to the Public Services Ombudsman for Wales about private social care and palliative care.

(14)Chapter 3 provides for advocacy services to be made available to people with needs for care and support for purposes relating to their care and support.

(15)Part 11 (miscellaneous and general)—

(a)empowers the Welsh Ministers, local authorities and Local Health Boards to conduct research, and empowers the Welsh Ministers to require information, about matters connected with functions under the Act and other related matters (section 184);

(b)makes provision about how this Act applies to persons in prison, youth detention accommodation or bail accommodation etc (sections 185 to 188);

(c)makes provision about the steps to be taken by a local authority where an establishment or agency (within the meaning of the Care Standards Act 2000) becomes unable to meet needs in the authority's area because of business failure (sections 189 to 191);

(d)disapplies section 49 of the National Assistance Act 1948 (which allows a local authority to meet expenses incurred by any of its officers appointed by the Court of Protection as a deputy) (section 192);

(e)makes provision for the recovery of costs between local authorities in certain circumstances (section 193);

(f)provides for the resolution of questions about the ordinary residence of a person for the purposes of this Act (section 194);

(g)contains the definitions that apply for the purposes of this Act generally and an index of defined expressions (section 197);

(h)contains other provisions which apply generally for the purposes of this Act.

(16)There are also provisions about social services in the Acts and Measures listed in Schedule 2.

Key termsE+W

2Meaning of “well-being”E+W

(1)This section applies for the purpose of this Act.

(2)Well-being”, in relation to a person, means well-being in relation to any of the following—

(a)physical and mental health and emotional well-being;

(b)protection from abuse and neglect;

(c)education, training and recreation;

(d)domestic, family and personal relationships;

(e)contribution made to society;

(f)securing rights and entitlements;

(g)social and economic well-being;

(h)suitability of living accommodation.

(3)In relation to a child, “well-being” also includes—

(a)physical, intellectual, emotional, social and behavioural development;

(b)“welfare” as that word is interpreted for the purposes of the Children Act 1989.

(4)In relation to an adult, “well-being” also includes—

(a)control over day to day life;

(b)participation in work.

3Meaning of “adult”, “child”, “carer”and “disabled”E+W

(1)This section applies for the purposes of this Act.

(2)Adult” means a person who is aged 18 or over.

(3)Child” means a person who is aged under 18.

(4)Carer” means a person who provides or intends to provide care for an adult or disabled child; but see subsections (7) and (8) and section 187(1).

(5)A person is “disabled” if the person has a disability for the purposes of the Equality Act 2010, subject to provision made under subsection (6).

(6)Regulations may provide that a person falling within a specified category is or is not to be treated as disabled for the purposes of this Act.

(7)A person is not a carer for the purposes of this Act if the person provides or intends to provide care—

(a)under or by virtue of a contract, or

(b)as voluntary work.

(8)But a local authority may treat a person as a carer for the purposes of any of its functions under this Act if the authority considers that the relationship between the person providing or intending to provide care and the person for whom that care is, or is to be, provided is such that it would be appropriate for the former to be treated as a carer for the purposes of that function or those functions.

4Meaning of “care and support”E+W

Any reference to care and support in this Act is to be construed as a reference to—

(a)care;

(b)support;

(c)both care and support.

PART 2E+WGENERAL FUNCTIONS

Overarching dutiesE+W

5Well-being dutyE+W

A person exercising functions under this Act must seek to promote the well-being of—

(a)people who need care and support, and

(b)carers who need support.

Commencement Information

I1S. 5 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

6Other overarching duties: generalE+W

(1)A person exercising functions under this Act in relation to—

(a)an individual who has, or may have, needs for care and support,

(b)a carer who has, or may have, needs for support, or

(c)an individual in respect of whom functions are exercisable under Part 6 (looked after children etc),

must comply with the duties in subsection (2).

(2)The person must—

(a)in so far as is reasonably practicable, ascertain and have regard to the individual's views, wishes and feelings,

(b)have regard to the importance of promoting and respecting the dignity of the individual,

(c)have regard to the characteristics, culture and beliefs of the individual (including, for example, language), and

(d)have regard to the importance of providing appropriate support to enable the individual to participate in decisions that affect him or her to the extent that is appropriate in the circumstances, particularly where the individual's ability to communicate is limited for any reason.

(3)A person exercising functions under this Act in relation to an adult falling within subsection (1)(a), (b) or (c) must, in addition, have regard to—

(a)the importance of beginning with the presumption that the adult is best placed to judge the adult's well-being, and

(b)the importance of promoting the adult's independence where possible.

(4)A person exercising functions under this Act in relation to a child falling within subsection (1)(a), (b) or (c), in addition—

(a)must have regard to the importance of promoting the upbringing of the child by the child's family, in so far as doing so is consistent with promoting the well-being of the child, and

(b)where the child is under the age of 16, must ascertain and have regard to the views, wishes and feelings of the persons with parental responsibility for the child, in so far as doing so is—

(i)consistent with promoting the well-being of the child, and

(ii)reasonably practicable.

Modifications etc. (not altering text)

Commencement Information

I2S. 6 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

7Other overarching duties: UN Principles and ConventionE+W

(1)A person exercising functions under this Act in relation to an adult falling within section 6(1)(a) or (b) must have due regard to the United Nations Principles for Older Persons adopted by the General Assembly of the United Nations on 16 December 1991.

(2)A person exercising functions under this Act in relation to a child falling within section 6(1)(a), (b) or (c) must have due regard to Part 1 of the United Nations Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 (“the Convention”).

(3)For the purposes of subsection (2), Part 1 of the Convention is to be treated as having effect—

(a)as set out for the time being in Part 1 of the Schedule to the Rights of Children and Young Persons (Wales) Measure 2011, but

(b)subject to any declaration or reservation as set out for the time being in Part 3 of that Schedule.

(4)Subsection (2) does not apply to the Welsh Ministers (see, instead, the Rights of Children and Young Persons (Wales) Measure 2011).

Commencement Information

I3S. 7 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Well-being outcomesE+W

8Duty to issue a statement of the outcomes to be achievedE+W

(1)The Welsh Ministers must issue a statement relating to the well-being of—

(a)people in Wales who need care and support, and

(b)carers in Wales who need support.

(2)The statement must be issued within 3 years beginning with the date on which this Act receives Royal Assent.

(3)The statement must specify the outcomes that are to be achieved, in terms of the well-being of the people mentioned in subsection (1), by means of—

(a)care and support (or, in the case of carers, support) provided by local authorities under this Act, and

(b)care and support (or, in the case of carers, support) provided by others which is of a kind that could be provided by local authorities under this Act.

(4)The statement must also specify measures by reference to which the achievement of those outcomes is to be assessed.

(5)The statement may specify different outcomes or measures for different categories of people who need care and support (or, in the case of carers, support).

(6)The Welsh Ministers must keep the statement under review and may revise the statement whenever they consider it appropriate to do so.

(7)Before issuing or revising the statement, the Welsh Ministers must consult such persons as they think fit.

(8)The Welsh Ministers must, on issuing or revising the statement—

(a)lay a copy of the statement before the National Assembly for Wales, and

(b)publish the statement on their website.

Commencement Information

I4S. 8 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

9Power to issue a code to help achieve the outcomesE+W

(1)The Welsh Ministers must issue, and from time to time revise, a code to help achieve the outcomes specified in the statement under section 8.

(2)The code may—

(a)give guidance to any person providing care and support (or, in the case of carers, support) of the kind described in section 8(3), and

(b)impose requirements on local authorities in relation to provision of that kind.

(3)The following are examples of the matters which may be set out in the code—

(a)standards (“quality standards”) to be achieved in the provision of care and support (or, in the case of carers, support);

(b)measures (“performance measures”) by reference to which performance in achieving those quality standards can be assessed;

(c)targets (“performance targets”) to be met in relation to those performance measures;

(d)steps to be taken in relation to those standards, measures and targets.

(4)The code may specify—

(a)different quality standards for—

(i)different categories of care and support (or, in the case of carers, support);

(ii)different categories of people who need care and support (or, in the case of carers, support);

(b)different performance measures or performance targets for—

(i)different categories of care and support (or, in the case of carers, support);

(ii)different categories of persons who provide care and support (or, in the case of carers, support);

(c)different quality standards, performance measures or performance targets to apply at different times.

(5)The Welsh Ministers must—

(a)publish on their website the code which is for the time being in force, and

(b)make available to the public (whether on their website or otherwise) codes which are no longer in force.

Commencement Information

I5S. 9 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

10Local authorities and the codeE+W

(1)In exercising its functions under this Act, a local authority must—

(a)act in accordance with any relevant requirements imposed upon it by a code issued under section 9, and

(b)have regard to any relevant guidance contained in that code.

(2)Where performance measures or performance targets are specified in a code issued under section 9, they are to be treated (so far as they apply to the performance of local authorities in exercising their functions) as having been specified as performance indicators or performance standards respectively under section 8(1) of the Local Government (Wales) Measure 2009.

Commencement Information

I6S. 10 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

11Issue, approval and revocation of the codeE+W

(1)Before issuing or revising a code under section 9, the Welsh Ministers must consult such persons as they think fit on a draft of the code (or revised code).

(2)If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales.

(3)If, before the end of the 40 day period, the National Assembly for Wales resolves not to approve the draft, the Welsh Ministers must not issue the code (or revised code) in the form of that draft.

(4)If no such resolution is made before the end of that period—

(a)the Welsh Ministers must issue the code (or revised code) in the form of the draft, and

(b)the code (or revised code) comes into force on the date appointed by order of the Welsh Ministers.

(5)The 40 day period—

(a)begins on the day on which the draft is laid before the National Assembly for Wales, and

(b)does not include any time during which the National Assembly for Wales is dissolved or is in recess for more than four days.

(6)Subsection (3) does not prevent a new draft of a code (or revised code) from being laid before the National Assembly for Wales.

(7)The Welsh Ministers may revoke a code (or revised code) issued under this section in a further code or by direction.

(8)A direction under subsection (7) must be laid before the National Assembly for Wales.

Commencement Information

I7S. 11 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

12Power to help local authorities to comply with the code's requirementsE+W

(1)The Welsh Ministers may do anything which they consider is likely to help a local authority to comply with requirements imposed by a code under section 9.

(2)The power under subsection (1) includes power—

(a)to enter into arrangements or agreements with any person;

(b)to co-operate with, or facilitate or co-ordinate the activities of, any person;

(c)to exercise on behalf of any person any functions of that person;

(d)to provide staff, goods, services or accommodation to any person.

(3)Unless the Welsh Ministers are exercising the power under subsection (1) in response to a request made under subsection (4), they must, before exercising that power, consult—

(a)the local authority which they propose to assist by the exercise of the power, and

(b)those persons who appear to the Welsh Ministers to be key stakeholders affected by the exercise of the power.

(4)If a local authority asks them to do so, the Welsh Ministers must consider whether to exercise their power under subsection (1).

Commencement Information

I8S. 12 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

13Publication of information and reportsE+W

The Welsh Ministers may publish—

(a)information about the provision of care and support (or, in the case of carers, support) of the kind described in section 8(3), and

(b)reports on the progress made by local authorities and others towards the achievement of—

(i)the outcomes specified in a statement under section 8;

(ii)the quality standards and performance targets (if any) specified in a code under section 9.

Commencement Information

I9S. 13 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Local arrangementsE+W

14Assessment of needs for care and support, support for carers and preventative servicesE+W

(1)A local authority and each Local Health Board any part of whose area lies within the area of the local authority must, in accordance with regulations, jointly assess—

(a)the extent to which there are people in the local authority's area who need care and support;

(b)the extent to which there are carers in the local authority's area who need support;

(c)the extent to which there are people in the local authority's area whose needs for care and support (or, in the case of carers, support) are not being met (by the authority, the Board or otherwise);

(d)the range and level of services required to meet the care and support needs of people in the local authority's area (including the support needs of carers);

(e)the range and level of services required to achieve the purposes in section 15(2) (preventative services) in the local authority's area;

(f)the actions required to provide the range and level of services identified in accordance with paragraphs (d) and (e) through the medium of Welsh.

(2)Regulations under subsection (1) may, for example, provide for the timing and review of assessments.

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I10S. 14 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[F214APlans following assessments of needs under section 14E+W

(1) In this section, “ relevant body ” means a local authority or Local Health Board which has carried out a joint assessment under section 14(1).

(2)Each relevant body must prepare and publish a plan setting out—

(a)the range and level of services the body proposes to provide, or arrange to be provided, in response to the assessment of needs under paragraphs (a) to (c) of section 14(1);

(b)in the case of a local authority, the range and level of services the authority proposes to provide, or arrange to be provided, in seeking to achieve the purposes in section 15(2) (preventative services);

(c)in the case of a Local Health Board, anything the Board proposes to do in connection with its duty under section 15(5) (Local Health Boards to have regard to the importance of preventative action when exercising functions);

(d)how the services set out in the plan are to be provided, including the actions the body proposes to take to provide, or arrange to provide, the services through the medium of Welsh;

(e)any other action the body proposes to take in response to the assessment under section 14(1);

(f)the details of anything the body proposes to do in response to the assessment jointly with another relevant body;

(g)the resources to be deployed in doing the things set out in the plan.

(3) A relevant body's plan may be published by including it within a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (the “ 2015 Act ”) by a public services board of which the body is a member.

(4)A local authority and a Local Health Board who have carried out a joint assessment together under section 14(1) may jointly prepare and publish a plan under subsection (2).

(5)Two or more local authorities may jointly prepare and publish a plan under subsection (2); but such a joint plan may be published by including it within a local well-being plan only if each local authority is a member of the public services board (see sections 47 and 49 of the 2015 Act (merging of public services boards)).

(6)A relevant body must submit to the Welsh Ministers—

(a)any part of a plan it has prepared under subsection (2) which relates to the health and well-being of carers;

(b)any other part of such a plan as may be specified by regulations.

(7)Regulations may make provision about plans prepared and published under subsection (2), including provision—

(a)specifying when a plan is to be published;

(b)about reviewing a plan;

(c)about consulting persons when preparing or reviewing a plan;

(d)about the monitoring and evaluation of services and other action set out in a plan.]

15Preventative servicesE+W

(1)A local authority must provide or arrange for the provision of a range and level of services which it considers will achieve the purposes in subsection (2) in its area.

(2)The purposes are—

(a)contributing towards preventing or delaying the development of people's needs for care and support;

(b)reducing the needs for care and support of people who have such needs;

(c)promoting the upbringing of children by their families, where that is consistent with the well-being of children;

(d)minimising the effect on disabled people of their disabilities;

(e)contributing towards preventing people from suffering abuse or neglect;

(f)reducing the need for—

(i)proceedings for care or supervision orders under the Children Act 1989,

(ii)criminal proceedings against children,

(iii)any family or other proceedings in relation to children which might lead to them being placed in local authority care, or

(iv)proceedings under the inherent jurisdiction of the High Court in relation to children;

(g)encouraging children not to commit criminal offences;

(h)avoiding the need for children to be placed in secure accommodation [F3within the meaning given in section 119 and in section 25 of the Children Act 1989];

(i)enabling people to live their lives as independently as possible.

(3)The things that may be provided or arranged in discharging the duty under subsection (1) include, but are not limited to, care and support (or in the case of carers, support) of the kind that must or may be provided under sections 35 to 45.

(4)A local authority must, in the exercise of its other functions, have regard to the importance of achieving the purposes in subsection (2) in its area.

(5)A Local Health Board must, in the exercise of its functions, have regard to the importance of achieving the purposes in subsection (2) in its area.

(6)In discharging its duty under subsection (1) a local authority—

(a)must identify the services already available in the authority's area which may help in achieving the purposes in subsection (2) and consider involving or making use of those services in discharging the duty;

(b)may take account of services which the authority considers might reasonably be provided or arranged by other persons in deciding what it should provide or arrange;

(c)must make the best use of the authority's resources and in particular avoid provision which might give rise to disproportionate expenditure.

(7)Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.

(8)Two or more local authorities may jointly discharge the duty under subsection (1) in relation to their combined area; where they do so—

(a)references in this section to a local authority are to be read as references to the authorities acting jointly, and

(b)references in this section to a local authority's area are to be read as references to the combined area.

(9)See sections 46 (exception for persons subject to immigration control), 47 (exception for provision of health services), 48 (exception for provision of housing etc) and 49 (restrictions on provision of payments) for an exception to the duty under subsection (1) and limitations on the manner in which the duty may be discharged.

Textual Amendments

Commencement Information

I11S. 15 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

16Promoting social enterprises, co-operatives, user led services and the third sectorE+W

(1)A local authority must promote—

(a)the development in its area of social enterprises to provide care and support and preventative services;

(b)the development in its area of co-operative organisations or arrangements to provide care and support and preventative services;

(c)the involvement of persons for whom care and support or preventative services are to be provided in the design and operation of that provision;

(d)the availability in its area of care and support and preventative services from third sector organisations (whether or not the organisations are social enterprises or co-operative organisations).

(2)In this section—

(3)For the purposes of this section, regulations may provide—

(a)that activities of a specified description are or are not to be treated as activities which a person might reasonably consider to be activities carried on for the benefit of society;

(b)that organisations or arrangements of a specified description are or are not to be treated as—

(i)social enterprises,

(ii)co-operative organisations or arrangements, or

(iii)third sector organisations;

(c)for what does, does not or may constitute a section of society.

Commencement Information

I12S. 16 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

17Provision of information, advice and assistanceE+W

(1)A local authority must secure the provision of a service for providing people with—

(a)information and advice relating to care and support, and

(b)assistance in accessing care and support.

(2)In subsection (1)(a), “information” includes, but is not limited to, financial information (including information about direct payments).

(3)The local authority must seek to ensure that the service—

(a)is sufficient to enable a person to make plans for meeting needs for care and support that might arise, and

(b)provides information, advice and assistance to a person in a manner which is accessible to that person.

(4)The service must include, as a minimum, the publication of information and advice on the following matters—

(a)the system provided for by this Act and how the system operates in the authority's area,

(b)the types of care and support available in the authority's area,

(c)how to access the care and support that is available, and

(d)how to raise concerns about the well-being of a person who appears to have needs for care and support.

(5)A Local Health Board or an NHS Trust providing services in the area of a local authority must, for the purposes of this section, provide that local authority with information about the care and support it provides in the local authority's area.

(6)Two or more local authorities may jointly secure the provision of a service under this section for their combined area; and where they do so—

(a)references in this section to a local authority are to be read as references to the authorities acting jointly, and

(b)references in this section to a local authority's area are to be read as references to the combined area.

(7)In this section, “care and support” includes support for carers.

Commencement Information

I13S. 17 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

18Registers of sight-impaired, hearing-impaired and other disabled peopleE+W

(1)A local authority must establish and maintain a register of the people ordinarily resident in the authority's area who—

(a)are sight-impaired or severely sight-impaired,

(b)are hearing-impaired or severely hearing-impaired, or

(c)have sight and hearing impairments which, in combination, have a significant effect on their day to day lives.

(2)The register must identify, in respect of each person included in the register—

(a)the paragraph in subsection (1) within which that person falls, and

(b)the person's linguistic circumstances.

(3)Regulations may specify, for the purposes of subsection (1), categories of people who are, or are not, to be treated as falling within paragraph (a), (b) or (c) of that subsection.

(4)A local authority must establish and maintain a register of children to whom subsection (6) applies and who are within the local authority's area.

(5)A local authority may establish and maintain a register of adults to whom subsection (6) applies and who are ordinarily resident in the local authority's area.

(6)This subsection applies to a person who—

(a)is disabled,

(b)is not disabled but has a physical or mental impairment which gives rise, or which the authority considers may in the future give rise, to needs for care and support, or

(c)comes within any other category of persons the authority considers appropriate to include in a register of persons who have, or who the authority considers may in the future have, needs for care and support.

(7)A local authority—

(a)may categorise people included in a register under subsection (4) or (5) as it thinks fit, and

(b)must identify the linguistic circumstances of those people in the relevant register.

(8)The registers established and maintained under this section may be used in the exercise of the authority's functions; for example, for the purpose of—

(a)planning the provision by the authority of services to meet needs for care and support or support for carers, and

(b)monitoring changes over time in the number of people in the authority's area with needs for care and support and the types of needs they or their carers have.

(9)Nothing in this section requires a local authority to include any person in a register maintained under this section unless—

(a)the person has applied to be included in the register, or

(b)an application to be so included has been made on the person's behalf.

(10)Where a local authority includes a person in a register maintained under this section, the authority—

(a)must inform the person that he or she has been so included, and

(b)if a request is made by the person or on the person's behalf, must remove from the register any personal data [F4(within the meaning of Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act))] relating to that person.

Textual Amendments

Commencement Information

I14S. 18 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

PART 3E+WASSESSING THE NEEDS OF INDIVIDUALS

Assessing adultsE+W

19Duty to assess the needs of an adult for care and supportE+W

(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)The duty under subsection (1) applies in relation to—

(a)an adult who is ordinarily resident in the authority's area, and

(b)any other adult who is within the authority's area.

(3)The duty under subsection (1) applies regardless of the local 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)In carrying out a needs assessment under this section, the local authority must—

(a)seek to identify the outcomes that the adult wishes to achieve in day to day life,

(b)assess whether, and if so, to what extent, the provision of—

(i)care and support,

(ii)preventative services, or

(iii)information, advice or assistance,

could contribute to the achievement of those outcomes or otherwise meet needs identified by the assessment, and

(c)assess whether, and if so, to what extent, other matters could contribute to the achievement of those outcomes or otherwise meet those needs.

(5)A local authority, in carrying out a needs assessment under this section, must involve—

(a)the adult, and

(b)where feasible, any carer that the adult has.

(6)The nature of the needs assessment required by this section is one that the local authority considers proportionate in the circumstances, subject to any requirement in regulations under section 30.

Commencement Information

I15S. 19 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

20Refusal of a needs assessment for an adultE+W

(1)If an adult (or, where applicable, an authorised person) refuses a needs assessment under section 19, the duty under that section to assess the adult's needs does not apply.

(2)But a refusal under subsection (1) does not discharge a local authority from its duty under section 19 in the following cases—

(3)Where a local authority has been discharged from its duty under section 19 by a refusal under this section, the duty is re-engaged if—

(a)the adult (or, where applicable, an authorised person) subsequently asks for an assessment, or

(b)the local authority considers that the adult's needs or circumstances have changed,

(subject to any further refusal under this section).

(4)In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the adult's behalf.

Commencement Information

I16S. 20 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Assessing childrenE+W

21Duty to assess the needs of a child for care and supportE+W

(1)Where it appears to a local authority that a child may need care and support in addition to, or instead of, the care and support provided by the child's family, the authority must assess—

(a)whether the child does need care and support of that kind, and

(b)if the child does, what those needs are.

(2)The duty under subsection (1) applies in relation to—

(a)a child who is ordinarily resident in the authority's area, and

(b)any other child who is within the authority's area.

(3)The duty under subsection (1) applies regardless of the local authority's view of—

(a)the level of the child's needs for care and support, or

(b)the level of the financial resources of the child or any person with parental responsibility for the child.

(4)In carrying out a needs assessment under this section, the local authority must—

(a)assess the developmental needs of the child,

(b)seek to identify the outcomes that—

(i)the child wishes to achieve, to the extent it considers appropriate having regard to the child's age and understanding,

(ii)the persons with parental responsibility for the child wish to achieve in relation to the child, to the extent it considers appropriate having regard to the need to promote the child's well-being, and

(iii)persons specified in regulations (if any) wish to achieve in relation to the child,

(c)assess whether, and if so, to what extent, the provision of—

(i)care and support,

(ii)preventative services, or

(iii)information, advice or assistance,

could contribute to the achievement of those outcomes or otherwise meet needs identified by the assessment,

(d)assess whether, and if so, to what extent, other matters could contribute to the achievement of those outcomes or otherwise meet those needs, and

(e)take account of any other circumstances affecting the child's well-being.

(5)A local authority, in carrying out a needs assessment under this section, must involve—

(a)the child, and

(b)any person with parental responsibility for the child.

(6)The nature of the needs assessment required by this section is one that the local authority considers proportionate in the circumstances, subject to any requirement in regulations under section 30.

(7)For the purposes of subsection (1) a disabled child is presumed to need care and support in addition to, or instead of, the care and support provided by the child's family.

(8)This section does not apply to a child looked after by—

(a)a local authority,

(b)a local authority in England,

(c)a local authority in Scotland, or

(d)a Health and Social Care trust.

Commencement Information

I17S. 21 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

22Refusal of a needs assessment for a child aged 16 or 17E+W

(1)If a child aged 16 or 17 (or, where applicable, an authorised person) refuses a needs assessment under section 21, the duty under that section to assess the child's needs does not apply.

(2)If a person with parental responsibility for a child aged 16 or 17 refuses a needs assessment for that child under section 21 in circumstances in which the local authority is satisfied that—

(a)the child lacks capacity to decide whether to refuse to have the assessment, and

(b)there is no authorised person to make the decision on the child's behalf,

the duty under that section to assess the child's needs does not apply.

(3)But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 21 in the following cases—

(4)Where a local authority has been discharged from its duty under section 21 by a refusal under this section, the duty is re-engaged if—

(a)the child (or, where applicable, an authorised person) subsequently asks for an assessment,

(b)a person with parental responsibility for the child subsequently asks for an assessment in the circumstances described in subsection (2), or

(c)the local authority considers that the child's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the child, have changed,

(subject to any further refusal under this section).

(5)In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the child's behalf.

Commencement Information

I18S. 22 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

23Refusal of a needs assessment for a child aged under 16E+W

(1)If—

(a)a child aged under 16 refuses a needs assessment under section 21, and

(b)the local authority is satisfied that the child has sufficient understanding to make an informed decision about the refusal of the assessment,

the duty under that section to assess the child's needs does not apply.

(2)If a person with parental responsibility for a child aged under 16 refuses a needs assessment for that child under section 21, the duty under that section to assess the child's needs does not apply.

(3)But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 21 in the following cases—

(4)Where a local authority has been discharged from its duty under section 21 by a refusal under this section, the duty is re-engaged if—

(a)the child subsequently asks for an assessment and the local authority is satisfied that the child has sufficient understanding to make an informed decision about having an assessment,

(b)a person with parental responsibility for the child subsequently asks for an assessment, or

(c)the local authority considers that the child's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the child, have changed,

(subject to any further refusal under this section).

Commencement Information

I19S. 23 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Assessing carersE+W

24Duty to assess the needs of a carer for supportE+W

(1)Where it appears to a local authority that a carer may have needs for support, 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)The duty under subsection (1) applies in relation to a carer who is providing or intends to provide care for—

(a)an adult or disabled child who is ordinarily resident in the authority's area, or

(b)any other adult or disabled child who is within the authority's area.

(3)The duty under subsection (1) applies regardless of the authority's view of—

(a)the level of the carer's needs for support, or

(b)the level of the financial resources of the carer or the person for whom the carer provides or intends to provide care.

(4)In carrying out a needs assessment under this section, the local authority must—

(a)assess the extent to which the carer is able, and will continue to be able, to provide care for the person for whom the carer provides or intends to provide care,

(b)assess the extent to which the carer is willing, and will continue to be willing, to do so,

(c)in the case of a carer who is an adult, seek to identify the outcomes that the carer wishes to achieve,

(d)in the case of a carer who is a child, seek to identify the outcomes that—

(i)the carer wishes to achieve, to the extent it considers appropriate having regard to the carer's age and understanding,

(ii)the persons with parental responsibility for the carer wish to achieve in relation to the carer, to the extent it considers appropriate having regard to the need to promote the carer's well-being, and

(iii)persons specified in regulations (if any) wish to achieve in relation to the carer,

(e)assess whether, and if so, to what extent, the provision of—

(i)support,

(ii)preventative services, or

(iii)information, advice or assistance,

could contribute to the achievement of those outcomes or otherwise meet needs identified by the assessment, and

(f)assess whether, and if so, to what extent, other matters could contribute to the achievement of those outcomes or otherwise meet those needs.

(5)A local authority, in carrying out a needs assessment under this section, must have regard to—

(a)whether the carer works or wishes to do so,

(b)whether the carer is participating in or wishes to participate in education, training or any leisure activity, and

(c)in the case of a carer who is a child—

(i) the developmental needs of the child, and

(ii)whether it is appropriate for the child to provide the care (or any care) in light of those needs.

(6)A local authority, in carrying out a needs assessment under this section, must involve—

(a)the carer, and

(b)where feasible, the person for whom the carer provides or intends to provide care.

(7)The nature of the needs assessment required by this section is one that the local authority considers proportionate in the circumstances, subject to any requirement in regulations under section 30.

Commencement Information

I20S. 24 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

25Refusal of a needs assessment for an adult carerE+W

(1)If a carer who is an adult (or, where applicable, an authorised person) refuses a needs assessment under section 24, the duty under that section to assess the carer's needs does not apply.

(2)But a refusal under subsection (1) does not discharge a local authority from its duty under section 24 in the following cases—

(3)Where a local authority has been discharged from its duty under section 24 by a refusal under this section, the duty is re-engaged if—

(a)the carer (or, where applicable, an authorised person) subsequently asks for an assessment, or

(b)the local authority considers that the carer's needs or circumstances have changed,

(subject to any further refusal under this section).

(4)In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the carer's behalf.

Commencement Information

I21S. 25 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

26Refusal of a needs assessment for a carer aged 16 or 17E+W

(1)If a carer aged 16 or 17 (or, where applicable, an authorised person) refuses a needs assessment under section 24, the duty under that section to assess the carer's needs does not apply.

(2)If a person with parental responsibility for a carer aged 16 or 17 refuses a needs assessment for the carer under section 24 in circumstances in which the local authority is satisfied that—

(a)the carer lacks capacity to decide whether to refuse to have the assessment, and

(b)there is no authorised person to make the decision on the carer's behalf,

the duty under that section to assess the carer's needs does not apply.

(3)But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 24 in the following cases—

(4)Where a local authority has been discharged from its duty under section 24 by a refusal under this section, the duty is re-engaged if—

(a)the carer (or, where applicable, an authorised person) subsequently asks for an assessment,

(b)a person with parental responsibility for the carer subsequently asks for an assessment in the circumstances described in subsection (2), or

(c)the local authority considers that the carer's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the carer, have changed,

(subject to any further refusal under this section).

(5)In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the carer's behalf.

Commencement Information

I22S. 26 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

27Refusal of a needs assessment for a carer aged under 16E+W

(1)If—

(a)a carer aged under 16 refuses a needs assessment under section 24, and

(b)the local authority is satisfied that the carer has sufficient understanding to make an informed decision about the refusal of the assessment,

the duty under that section to assess the carer's needs does not apply.

(2)If a person with parental responsibility for a carer aged under 16 refuses a needs assessment for the carer under section 24, the duty under that section to assess the carer's needs does not apply.

(3)But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 24 in the following cases—

(4)Where a local authority has been discharged from its duty under section 24 by a refusal under this section, the duty is re-engaged if—

(a)the carer subsequently asks for an assessment and the local authority is satisfied that the carer has sufficient understanding to make an informed decision about having an assessment,

(b)a person with parental responsibility for the carer subsequently asks for an assessment, or

(c)the local authority considers that the carer's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the carer, have changed,

(subject to any further refusal under this section).

Commencement Information

I23S. 27 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

SupplementaryE+W

28Combining needs assessments for a carer and a cared for personE+W

(1)Where a person who appears to need care and support has a carer, a local authority may combine—

(a)the person's needs assessment under section 19 or 21, and

(b)the carer's needs assessment under section 24,

but this is subject to subsections (2) to (4).

(2)A local authority may not combine a needs assessment for an adult (whether under section 19 or 24) with a needs assessment for another person unless—

(a)the adult (or, where applicable, an authorised person) gives valid consent, or

(b)the requirement for valid consent may be dispensed with.

(3)A local authority may not combine a needs assessment for a child aged 16 or 17 (whether under section 21 or 24) with a needs assessment for another person unless—

(a)the child (or, where applicable, an authorised person) gives valid consent,

(b)a person with parental responsibility for the child gives valid consent in circumstances in which the local authority is satisfied that—

(i)the child lacks capacity to decide whether to consent to the combining of the needs assessments, and

(ii)there is no authorised person to make the decision on the child's behalf, or

(c)the requirement for valid consent may be dispensed with.

(4)A local authority may not combine a needs assessment for a child aged under 16 (whether under section 21 or 24) with a needs assessment for another person unless—

(a)the child or a person with parental responsibility for the child gives valid consent, or

(b)the requirement for valid consent may be dispensed with.

(5)Consent given under subsection (2), (3) or (4) is valid except in the following cases—

(6)A local authority may dispense with the requirement for valid consent in the following cases—

(7)In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to consent to the combination of the needs assessments on the adult or child's behalf.

Commencement Information

I24S. 28 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

29Combining needs assessments and other assessmentsE+W

(1)Where a person who appears to need support as a carer also appears to have needs for care and support in his or her own right, a local authority may combine a needs assessment for that person under section 24 with a needs assessment for that person under section 19 or 21.

(2)A local authority may carry out a needs assessment for a person at the same time as it or another body carries out another assessment under any enactment in relation to that person.

(3)For the purposes of subsection (2)—

(a)the local authority may carry out the other assessment on behalf of or jointly with the other body, or

(b)if the other body has already arranged for the other assessment to be carried out jointly with another person, the local authority may carry out the other assessment jointly with the other body and that other person.

Commencement Information

I25S. 29 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

30Regulations about assessmentE+W

(1)Regulations must make provision about carrying out needs assessments.

(2)Regulations under this section must make provision for the review of needs assessments, and may, for example, specify—

(a)the persons who may request a review of an assessment (on their own behalf or on behalf of another person);

(b)the circumstances in which a local authority—

(i)may refuse to comply with a request for a review of an assessment, and

(ii)may not refuse to do so.

(3)Regulations under this section may also, for example, provide for—

(a)further persons whom a local authority must involve in carrying out an assessment under section 19, 21 or 24;

(b)the way in which an assessment is to be carried out, by whom and when;

(c)the recording of the results of an assessment;

(d)the considerations to which a local authority is to have regard in carrying out an assessment;

(e)powers to provide information for the purposes of assessment.

Commencement Information

I26S. 30 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

31Part 3: interpretationE+W

In this Part—

Commencement Information

I27S. 31 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

PART 4E+WMEETING NEEDS

Deciding what to do following needs assessmentE+W

32Determination of eligibility and consideration of what to do to meet needsE+W

(1)Where a local authority is satisfied, on the basis of a needs assessment, that a person has needs for care and support or, if the person is a carer, needs for support, the authority must—

(a)determine whether any of the needs meet the eligibility criteria;

(b)if the needs do not meet the eligibility criteria, determine whether it is nevertheless necessary to meet the needs in order to protect the person from—

(i)abuse or neglect or a risk of abuse or neglect (if the person is an adult);

(ii)abuse or neglect or a risk of abuse or neglect, or other harm or a risk of such harm (if the person is a child);

(c)determine whether the needs call for the exercise of any function it has under this Act or Parts 4 or 5 of the Children Act 1989, in so far as the function is relevant to that person;

(d)consider whether the person would benefit from the provision of anything that may be provided by virtue of section 15 (preventative services) or 17 (information, advice and assistance) or anything else that may be available in the community.

(2)If a local authority determines that any needs must be met, or are to be met, under sections 35 to 45, the authority must—

(a)consider what could be done to meet those needs;

(b)consider whether it would impose a charge for doing those things, and if so, determine the amount of that charge (see Part 5).

(3)Regulations must make provision about the discharge of the duty under subsection (1)(a).

(4)Needs meet the eligibility criteria if they—

(a)are of a description specified in regulations, or

(b)form part of a combination of needs of a description so specified.

(5)The regulations may, for example, describe needs by reference to—

(a)the effect that the needs have on the person concerned;

(b)the person's circumstances.

Commencement Information

I28S. 32 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

33Procedure for regulations under section 32E+W

(1)Before making regulations under section 32(3) or (4), the Welsh Ministers must carry out the following steps.

(2)The Welsh Ministers must consult—

(a)such persons as appear to them likely to be affected by the regulations,

(b)such organisations as appear to them to represent the interests of persons likely to be affected by the regulations, and

(c)such other persons as they consider appropriate,

on the proposed draft regulations.

(3)The Welsh Ministers must—

(a)allow those persons a period of at least 12 weeks to submit comments on the proposed draft regulations,

(b)consider any comments submitted within that period, and

(c)publish a summary of those comments.

(4)The Welsh Ministers must lay a draft of the regulations before the National Assembly for Wales.

(5)Draft regulations laid under subsection (4)—

(a)must be accompanied by a statement of the Welsh Ministers giving details of any differences between the draft regulations consulted on under subsection (2) and the draft regulations laid under subsection (4), and

(b)may not be approved by a resolution of the National Assembly for Wales in accordance with section 196(6) until after the expiry of the period of 60 days beginning with the day on which the draft regulations are laid.

Commencement Information

I29S. 33 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

34How to meet needsE+W

(1)The following are examples of the ways in which a local authority may meet needs under sections 35 to 45—

(a)by arranging for a person other than the authority to provide something;

(b)by itself providing something;

(c)by providing something, or by arranging for something to be provided, to a person other than the person with needs for care and support (or, in the case of a carer, support).

(2)The following are examples of what may be provided or arranged to meet needs under sections 35 to 45—

(a)accommodation in a care home, children's home or premises of some other type;

(b)care and support at home or in the community;

(c)services, goods and facilities;

(d)information and advice;

(e)counselling and advocacy;

(f)social work;

(g)payments (including direct payments);

(h)aids and adaptations;

(i)occupational therapy.

(3)Where a local authority is meeting a person's needs under sections 35 to 45 by providing or arranging care and support at the person's home, the local authority must satisfy itself that any visits to the person's home for that purpose are of sufficient length to provide the person with the care and support required to meet the needs in question.

(4)A code issued under section 145 must include guidelines as to the length of visits to a person's home for the purpose of providing care and support.

(5)See sections 47 (exception for provision of health services), 48 (exception for provision of housing etc) and 49 (restrictions on provision of payments) for limitations on what may be provided or arranged to meet needs for care and support and the way in which it may be provided or arranged.

Modifications etc. (not altering text)

C2S. 34 applied (1.4.2015 for specified purposes, 6.4.2016 in so far as not already in force) by Care Act 2014 (c. 23), ss. 52(3), 127(1); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2016/464, art. 2(b)

Commencement Information

I30S. 34 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Meeting care and support needs of adultsE+W

35Duty to meet care and support needs of an adultE+W

(1)A local authority must meet an adult's needs for care and support if it is satisfied that conditions 1, 2 and 3 are met (but see subsection (6)).

(2)Condition 1 is that the adult is—

(a)ordinarily resident in the local authority's area, or

(b)of no settled residence and within the authority's area.

(3)Condition 2 is that—

(a)the needs meet the eligibility criteria, or

(b)the local authority considers it necessary to meet the needs in order to protect the adult from abuse or neglect or a risk of abuse or neglect.

(4)Condition 3 is that—

(a)there is no charge for the care and support needed to meet those needs, or

(b)there is a charge for that care and support but—

(i)the local authority is satisfied on the basis of a financial assessment that the adult's financial resources are at or below the financial limit,

(ii)the local authority is satisfied on the basis of a financial assessment that the adult's financial resources are above the financial limit but the adult nonetheless asks the authority to meet his or her needs, or

(iii)the local authority is satisfied that the adult lacks capacity to arrange for the provision of care and support and there is no person authorised to make such arrangements under the Mental Capacity Act 2005 or otherwise in a position to do so on the adult's behalf.

(5)For the meaning of “financial assessment” and “financial limit” see Part 5.

(6)The duty under subsection (1) does not apply to an adult's needs to the extent that the local authority is satisfied that those needs are being met by a carer.

Commencement Information

I31S. 35 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

36Power to meet care and support needs of adultE+W

(1)A local authority may meet an adult's needs for care and support if the adult is—

(a)within the local authority's area, or

(b)ordinarily resident in the authority's area, but outside its area.

(2)If a local authority meets the needs of an adult who is ordinarily resident in the area of another local authority under subsection (1), it must notify the local authority in whose area the adult is ordinarily resident that it is doing so.

(3)A local authority has the power to meet needs under this section whether or not it has completed a needs assessment in accordance with Part 3 or a financial assessment in accordance with Part 5.

Commencement Information

I32S. 36 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Meeting care and support needs of childrenE+W

37Duty to meet care and support needs of a childE+W

(1)A local authority must meet a child's needs for care and support if it is satisfied that conditions 1 and 2, and any conditions specified in regulations, are met (but see subsections (5) and (6)).

(2)Condition 1 is that the child is within the local authority's area.

(3)Condition 2 is that—

(a)the needs meet the eligibility criteria, or

(b)the local authority considers it necessary to meet the needs in order to protect the child from—

(i)abuse or neglect or a risk of abuse or neglect, or

(ii)other harm or a risk of such harm.

(4)If the local authority has been notified about a child under section 120(2)(a) [F5or under section 85(1) of the Children Act 1989 (children accommodated by health authorities and local education authorities)], it must treat the child as being within its area for the purposes of this section.

(5)The duty under subsection (1) does not apply to a child's needs to the extent that the local authority is satisfied that those needs are being met by the child's family or a carer.

(6)This section does not apply to a child who is looked after by—

(a)a local authority,

(b)a local authority in England,

(c)a local authority in Scotland, or

(d)a Health and Social Care trust.

Textual Amendments

Commencement Information

I33S. 37 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

38Power to meet care and support needs of a childE+W

(1)A local authority may meet a child's needs for care and support if the child is—

(a)within the local authority's area, or

(b)ordinarily resident in the authority's area, but outside its area,

(but see subsection (4)).

(2)If a local authority meets the needs of a child who is ordinarily resident in the area of another local authority under subsection (1), it must notify the local authority in whose area the child is ordinarily resident that it is doing so.

(3)A local authority has the power to meet needs under this section whether or not it has completed a needs assessment in accordance with Part 3 or a financial assessment in accordance with Part 5.

(4)This section does not apply to a child who is looked after by—

(a)a local authority,

(b)a local authority in England,

(c)a local authority in Scotland, or

(d)a Health and Social Care trust.

Commencement Information

I34S. 38 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

39Duty to maintain family contactE+W

(1)This section applies to a child—

(a)who is within the area of a local authority,

(b)whom the local authority considers has needs for care and support in addition to the care and support provided by the child's family,

(c)who is living apart from the child's family, and

(d)who is not looked after by the local authority.

(2)If the local authority considers it necessary in order to promote the well-being of the child, it must take such steps as are reasonably practicable to—

(a)enable the child to live with the child's family, or

(b)promote contact between the child and the child's family.

Commencement Information

I35S. 39 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Meeting support needs of a carerE+W

40Duty to meet support needs of an adult carerE+W

(1)A local authority must meet the needs for support of a carer who is an adult if it is satisfied that conditions 1, 2 and 3, and any conditions specified in regulations, are met.

(2)Condition 1 is that the person cared for by the carer is—

(a)an adult who is—

(i)ordinarily resident in the local authority's area, or

(ii)of no settled residence and within the authority's area, or

(b)a disabled child who is within the authority's area.

(3)Condition 2 is that the carer's needs meet the eligibility criteria.

(4)Condition 3 is that—

(a)in so far as meeting the carer's needs involves the provision of support to the carer—

(i)there is not a charge under section 59 for meeting those needs, or

(ii)in so far as there is a charge, section 41(1) or (2) applies;

(b)in so far as meeting the carer's needs involves the provision of care and support to an adult cared for by the carer—

(i)there is not a charge under section 59 for meeting those needs and section 41(7), (8) or (9) applies, or

(ii)in so far as there is a charge, section 41(3) or (4) applies;

(c)in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged 16 or 17 who is cared for by the carer—

(i)there is not a charge under section 59 for meeting those needs and section 41(7), (8) or (10) applies, or

(ii)in so far as there is a charge, section 41(5) or (6) applies;

(d)in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged under 16 who is cared for by the carer—

(i)there is not a charge under section 59 for meeting those needs and section 41(12) or (13) applies, or

(ii)in so far as there is a charge, section 41(5) or (6) applies.

Commencement Information

I36S. 40 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

41Duty to meet support needs of an adult carer: supplementaryE+W

(1)This subsection applies if the local authority is satisfied on the basis of a financial assessment that the carer's financial resources are at or below the financial limit.

(2)This subsection applies if—

(a)the local authority is satisfied on the basis of a financial assessment that the carer's financial resources are above the financial limit, and

(b)the carer nonetheless asks the authority to meet the needs in question.

(3)This subsection applies if—

(a)the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are at or below the financial limit, and

(b)subsection (7), (8) or (9) applies.

(4)This subsection applies if—

(a)the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are above the financial limit, and

(b)subsection (7), (8) or (9) applies.

(5)This subsection applies if—

(a)in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would not be reasonably practicable for the adult to pay any amount for the care and support, and

(b)either—

(i)subsection (7), (8) or (10) applies, in the case of a disabled child aged 16 or 17, or

(ii)subsection (12) or (13) applies, in the case of a disabled child aged under 16.

(6)This subsection applies if—

(a)in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would be reasonably practicable for the adult—

(i)to pay the standard charge for the care and support, or

(ii)to pay any other amount for the care and support,

(b)the adult does not object to the provision of the care and support, and

(c)either—

(i)subsection (7), (8) or (10) applies, in the case of a disabled child aged 16 or 17, or

(ii)subsection (12) or (13) applies, in the case of a disabled child aged under 16.

(7)This subsection applies if—

(a)the local authority is satisfied that the person cared for by the carer has capacity to decide whether to have the needs in question met by the provision of care and support to that person, and

(b)the person agrees to have those needs met in that way.

(8)This subsection applies if an authorised person agrees, on behalf of the person cared for by the carer, to have the needs in question met by the provision of care and support to that person.

(9)This subsection applies if—

(a)the local authority is satisfied that the adult cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that adult,

(b)there is no authorised person to make the decision on the adult's behalf, and

(c)the local authority is satisfied that it is in the adult's best interests to have those needs met in that way.

(10)This subsection applies if—

(a)the local authority is satisfied that the disabled child cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that child,

(b)there is no authorised person to make the decision on the child's behalf, and

(c)no objection has been made by a person with parental responsibility for the child to having those needs met in that way.

(11)The local authority may disregard an objection for the purposes of subsection (10)(c) if it is satisfied that it would not be in the disabled child's best interests.

(12)This subsection applies if—

(a)the local authority is satisfied that the disabled child cared for by the carer has sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and

(b)the child agrees to have those needs met in that way.

(13)This subsection applies if—

(a)the local authority is satisfied that the disabled child cared for by the carer does not have sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and

(b)no objection has been made by a person with parental responsibility for the child to having those needs met in that way.

(14)The local authority may disregard an objection for the purposes of subsection (13)(b) if it is satisfied that it would not be consistent with the disabled child's well-being.

(15)In this section—

(16)For the meaning of “financial assessment” and “financial limit” see Part 5.

Commencement Information

I37S. 41 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

42Duty to meet support needs of a child carerE+W

(1)A local authority must meet the needs for support of a carer who is a child if it is satisfied that conditions 1, 2 and (where applicable) 3, and any conditions specified in regulations, are met.

(2)Condition 1 is that the person cared for by the carer is—

(a)an adult who is—

(i)ordinarily resident in the local authority's area, or

(ii)of no settled residence and within the authority's area, or

(b)a disabled child who is within the authority's area.

(3)Condition 2 is that the carer's needs meet the eligibility criteria.

(4)Condition 3 is that—

(a)in so far as meeting the carer's needs involves the provision of care and support to an adult cared for by the carer—

(i)there is not a charge under section 59 for meeting those needs and section [F643(5)], (6) or (7) applies, or

(ii)in so far as there is a charge, section [F743(1)] or (2) applies;

(b)in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged 16 or 17 who is cared for by the carer—

(i)there is not a charge under section 59 for meeting those needs and section [F843(5)], (6) or (8) applies, or

(ii)in so far as there is a charge, section [F943(3)] or (4) applies;

(c)in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged under 16 who is cared for by the carer—

(i)there is not a charge under section 59 for meeting those needs and section [F1043(10)] or (11) applies, or

(ii)in so far as there is a charge, section [F1143(3)] or (4) applies.

43Duty to meet support needs of a child carer: supplementaryE+W

(1)This subsection applies if—

(a)the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are at or below the financial limit, and

(b)subsection (5), (6) or (7) applies.

(2)This subsection applies if—

(a)the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are above the financial limit, and

(b)subsection (5), (6) or (7) applies.

(3)This subsection applies if—

(a)in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would not be reasonably practicable for the adult to pay any amount for the care and support, and

(b)either—

(i)subsection (5), (6) or (8) applies, in the case of a disabled child aged 16 or 17, or

(ii)subsection (10) or (11) applies, in the case of a disabled child aged under 16.

(4)This subsection applies if—

(a)in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would be reasonably practicable for the adult—

(i)to pay the standard charge for the care and support, or

(ii)to pay any other amount for the care and support,

(b)the adult does not object to the provision of the care and support, and

(c)either—

(i)subsection (5), (6) or (8) applies, in the case of a disabled child aged 16 or 17, or

(ii)subsection (10) or (11) applies, in the case of a disabled child aged under 16.

(5)This subsection applies if—

(a)the local authority is satisfied that the person cared for by the carer has capacity to decide whether to have the needs in question met by the provision of care and support to that person, and

(b)the person agrees to have those needs met in that way.

(6)This subsection applies if an authorised person agrees, on behalf of the person cared for by the carer, to have the needs in question met by the provision of care and support to that person.

(7)This subsection applies if—

(a)the local authority is satisfied that the adult cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that adult,

(b)there is no authorised person to make the decision on the adult's behalf, and

(c)the local authority is satisfied that it is in the adult's best interest to have those needs met in that way.

(8)This subsection applies if—

(a)the local authority is satisfied that the disabled child cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that child,

(b)there is no authorised person to make the decision on the child's behalf, and

(c)no objection has been made by a person with parental responsibility for the child to having those needs met in that way.

(9)The local authority may disregard an objection for the purposes of subsection (8)(c) if it satisfied that it would not be in the disabled child's best interests.

(10)This subsection applies if—

(a)the local authority is satisfied that the disabled child cared for by the carer has sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and

(b)the child agrees to have those needs met in that way.

(11)This subsection applies if—

(a)the local authority is satisfied that the disabled child cared for by the carer does not have sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and

(b)no objection has been made by a person with parental responsibility for the child to having those needs met in that way.

(12)The local authority may disregard an objection for the purposes of subsection (11)(b) if it is satisfied that it would not be consistent with the disabled child's well-being.

(13)In this section—

(14)For the meaning of “financial assessment” and “financial limit” see Part 5.

Commencement Information

I39S. 43 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

44Supplementary provision about the duties to meet carer's needsE+W

(1)This section applies in relation to the duties under sections 40 and 42.

(2)Meeting some or all of a carer's needs for support may involve the provision of care and support to the person cared for by the carer, even where there would be no duty to meet the person's needs for that care and support under section 35 or 37.

(3)Where a local authority is required by section 40 or 42 to meet some or all of a carer's needs for support, but it does not prove feasible for it to do so by providing care and support to the person cared for by the carer, it must, so far as it is feasible to do so, identify some other way in which to do so.

Commencement Information

I40S. 44 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

45Power to meet support needs of a carerE+W

(1)A local authority may meet a carer's needs for support if the person cared for by the carer is—

(a)within the local authority's area, or

(b)ordinarily resident in the authority's area, but outside its area.

(2)A local authority has the power to meet needs under this section whether or not it has completed a needs assessment in accordance with Part 3 or a financial assessment in accordance with Part 5.

Commencement Information

I41S. 45 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Meeting needs: exceptions and restrictionsE+W

46Exception for persons subject to immigration controlE+W

(1)A local authority may not meet the needs for care and support of an adult to whom section 115 of the Immigration and Asylum Act 1999 (“the 1999 Act”) (exclusion from benefits) applies and whose needs for care and support have arisen solely—

(a)because the adult is destitute, or

(b)because of the physical effects, or anticipated physical effects, of being destitute.

(2)For the purposes of subsection (1), section 95(2) to (7) of the 1999 Act applies but with the references in section 95(4) and (5) of that Act to the Secretary of State being read as references to the local authority in question.

(3)But, until the commencement of section 44(6) of the Nationality, Immigration and Asylum Act 2002, subsection (2) is to have effect as if it read as follows—

(2)For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999 Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to the local authority in question.

(4)The reference in subsection (1) to meeting an adult's needs for care and support includes a reference to doing so in order to meet a carer's needs for support.

Modifications etc. (not altering text)

C3Ss. 46-49 applied (1.4.2015 for specified purposes, 6.4.2016 in so far as not already in force) by Care Act 2014 (c. 23), ss. 52(8), 127(1) (with s. 52(13)(14)); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2016/464, art. 2(b)

Commencement Information

I42S. 46 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

47Exception for provision of health servicesE+W

(1)A local authority may not meet a person's needs for care and support (including a carer's needs for support) under sections 35 to 45 by providing or arranging for the provision of a service or facility which is required to be provided under a health enactment, unless doing so would be incidental or ancillary to doing something else to meet needs under those sections.

(2)A local authority may not secure services or facilities for a person under section 15 (preventative services) that are required to be provided under a health enactment, unless doing so would be incidental or ancillary to securing another service or facility for that person under that section.

(3)Regulations may specify—

(a)types of services or facilities which may, despite subsections (1) and (2), be provided or arranged by a local authority, or circumstances in which such services or facilities may be so provided or arranged;

(b)types of services or facilities which may not be provided or arranged by a local authority, or circumstances in which such services or facilities may not be so provided or arranged;

(c)services or facilities, or a method for determining services or facilities, the provision of which is, or is not, to be treated as incidental or ancillary for the purposes of subsection (1) or (2).

(4)A local authority may not meet a person's needs for care and support (including a carer's needs for support) under sections 35 to 45 by providing or arranging for the provision of nursing care by a registered nurse.

(5)A local authority may not secure the provision of nursing care by a registered nurse in discharging its duty under section 15.

(6)But a local authority may, despite subsections (1), (2), (4) and (5), arrange for the provision of accommodation together with nursing care by a registered nurse—

(a)if the authority has obtained consent for it to arrange for the provision of the nursing care from—

(i)whichever Local Health Board regulations require, in the case of accommodation in Wales, Scotland or Northern Ireland, or

(ii)whichever English health body regulations require, in the case of accommodation in England, or

(b)in an urgent case and where the arrangements are temporary.

(7)In a case to which subsection (6)(b) applies, the local authority must seek to obtain the consent mentioned in subsection (6)(a) as soon as is feasible after the temporary arrangements are made.

(8)Regulations may require a local authority—

(a)to make arrangements in connection with the resolution of disputes between the authority and a health body about whether or not a service or facility is required to be provided under a health enactment;

(b)to be involved in the manner specified in processes for assessing a person's needs for health care and deciding how those needs should be met.

(9)Nothing in this section affects what a local authority may do under the National Health Service (Wales) Act 2006, including entering into arrangements under regulations made under section 33 of that Act (arrangements with NHS bodies).

(10)In this section—

Modifications etc. (not altering text)

C3Ss. 46-49 applied (1.4.2015 for specified purposes, 6.4.2016 in so far as not already in force) by Care Act 2014 (c. 23), ss. 52(8), 127(1) (with s. 52(13)(14)); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2016/464, art. 2(b)

Commencement Information

I43S. 47 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

48Exception for provision of housing etcE+W

A local authority may not meet an adult's needs for care and support (including a carer's needs for support) under sections 35 to 45 or discharge its duty under section 15 by doing anything which that authority or another local authority is required to do under—

(a)the [F12Housing (Wales) Act 2014], or

(b)any other enactment specified in regulations.

Textual Amendments

Modifications etc. (not altering text)

C3Ss. 46-49 applied (1.4.2015 for specified purposes, 6.4.2016 in so far as not already in force) by Care Act 2014 (c. 23), ss. 52(8), 127(1) (with s. 52(13)(14)); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2016/464, art. 2(b)

Commencement Information

I44S. 48 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

49Restrictions on provision of paymentsE+W

(1)A local authority may not provide payments to meet a person's needs for care and support or a carer's needs for support under sections 35 to 45 unless—

(a)the payments are direct payments (see sections 50 to 53),

(b)the authority considers—

(i)that the person's needs are urgent, and

(ii)that it would not be reasonably practicable to meet those needs in any other way,

(c)the payments are provided under or by virtue of a contract, or

(d)the payments are provided in circumstances specified in regulations.

(2)A local authority may not provide payments in the discharge of its duty under section 15(1) unless—

(a)the authority considers—

(i)that the payments would achieve one or more of the purposes mentioned in section 15(2), and

(ii)that it would not be reasonably practicable to achieve that purpose or those purposes in any other way,

(b)the payments are provided under or by virtue of a contract which relates to the provision of services for the authority's area, or

(c)the payments are provided in circumstances specified in regulations.

Modifications etc. (not altering text)

C3Ss. 46-49 applied (1.4.2015 for specified purposes, 6.4.2016 in so far as not already in force) by Care Act 2014 (c. 23), ss. 52(8), 127(1) (with s. 52(13)(14)); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2016/464, art. 2(b)

Commencement Information

I45S. 49 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Direct paymentsE+W

50Direct payments to meet an adult's needsE+W

(1)Regulations may require or allow a local authority to make payments to a person towards the cost of meeting an adult's needs for care and support under section 35 or 36.

(2)But regulations under subsection (1) may not require or allow such payments to be made unless condition 1 or 2 is met.

(3)Condition 1 is that—

(a)the payments are to be made to the adult who has needs for care and support (“A”),

(b)A has, or the local authority believes that A has, capacity to consent to the making of the payments,

(c)the local authority is satisfied that—

(i)making the payments is an appropriate way of meeting A's needs, and

(ii)A is capable of managing the payments (either by himself or herself or with the support that is available to A), and

(d)A has consented to the making of the payments.

(4)Condition 2 is that—

(a)the adult who has needs for care and support (“A”) does not have, or the local authority believes that A does not have, capacity to consent to the making of the payments,

(b)the payments are to be made to a person (“P”) other than A,

(c)P is a suitable person,

(d)the local authority is satisfied that—

(i)making the payments is an appropriate way of meeting A's needs,

(ii)P is capable of managing the payments (either by himself or herself or with the support that is available to P), and

(iii)P will act in A's best interests in managing the payments, and

(e)the necessary consent has been obtained to make the payments to P.

(5)For the purposes of subsection (4)(c), P is a “suitable person”—

(a)if P is authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A's needs for care and support,

(b)where P is not authorised as mentioned in paragraph (a), if a person who is so authorised agrees with the local authority that P is suitable to receive payments towards the cost of meeting A's needs for care and support, or

(c)where P is not authorised as mentioned in paragraph (a) and there is no person who is so authorised, if the local authority considers that P is suitable to receive payments of that kind.

(6)For the purposes of subsection (4)(e), the “necessary consent” means—

(a)the consent of P, and

(b)where P is a suitable person by virtue of subsection (5)(b), the consent of a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A's needs for care and support.

(7)A payment under this section is referred to in this Act as a “direct payment”.

Commencement Information

I46S. 50 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

51Direct payments to meet a child's needsE+W

(1)Regulations may require or allow a local authority to make payments to a person towards the cost of meeting a child's needs for care and support under section 37, 38 or 39.

(2)But regulations under subsection (1) may not require or allow payments to be made unless conditions 1 to 4 are met.

(3)Condition 1 is that the payments are to be made to a person (“P”) who is—

(a)a person with parental responsibility for a child who has needs for care and support, or

(b)a child who has needs for care and support.

(4)Condition 2 is that—

(a)where P is an adult or a child aged 16 or 17, P has, or the local authority believes that P has, capacity to consent to the making of the payments;

(b)where P is a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about receiving direct payments.

(5)Condition 3 is that the local authority is satisfied that—

(a)making the payments is an appropriate way of meeting the child's needs,

(b)the well-being of the child will be safeguarded and promoted by the making of the payments, and

(c)P is capable of managing the payments (either by himself or herself or with the support that is available to P).

(6)Condition 4 is that P has consented to the making of the payments.

(7)A payment under this section is referred to in this Act as a “direct payment”.

Commencement Information

I47S. 51 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

52Direct payments to meet a carer's needsE+W

(1)Regulations may require or allow a local authority to make payments to a person towards the cost of meeting a carer's needs for support under section 40, 42 or 45.

(2)But regulations under subsection (1) may not require or allow payments to be made unless conditions 1 to 4 are met.

(3)Condition 1 is that the payments are to be made to the carer who has needs for support (“C”).

(4)Condition 2 is that—

(a)where C is an adult or a child aged 16 or 17, C has, or the local authority believes that C has, capacity to consent to the making of the payments;

(b)where C is a child aged under 16, the local authority is satisfied that C has sufficient understanding to make an informed decision about receiving direct payments.

(5)Condition 3 is that the local authority is satisfied that—

(a)making the payments is an appropriate way of meeting C's needs, and

(b)C is capable of managing the payments (either by himself or herself or with the support that is available to C).

(6)Condition 4 is that C has consented to the making of the payments.

(7)A payment under this section is referred to in this Act as a “direct payment”.

Commencement Information

I48S. 52 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

53Direct payments: further provisionE+W

(1)Regulations under section 50, 51 or 52 may also make provision about the following matters (among other matters)—

(a)the manner in which the amounts of the direct payments are to be determined;

(b)the making of direct payments as gross payments or alternatively as net payments;

(c)the determination of—

(i)the financial resources of specified persons, and

(ii)the amount (if any) that it would be reasonably practicable for those persons to pay by way of reimbursement (in the case of gross payments) or contribution (in the case of net payments);

(d)matters to which a local authority may or must have regard when making a decision of a specified type about direct payments;

(e)conditions which a local authority may or must attach, and conditions which it must not attach, in relation to direct payments;

(f)steps which a local authority may or must take before, or after, making a decision of a specified type about direct payments;

(g)support which a local authority must provide or arrange for persons to whom it makes direct payments;

(h)cases or circumstances in which a local authority may act as an agent on behalf of a person to whom direct payments are made;

(i)conditions subject to which, and the extent to which, a local authority's duty or power to meet a person's needs for care and support or a carer's needs for support is displaced by the making of direct payments;

(j)cases or circumstances in which a local authority must not, or is allowed not to, make payments to a person or in relation to a person;

(k)cases or circumstances in which a person who no longer lacks, or who the local authority believes no longer lacks, capacity to consent to the making of direct payments must or may nonetheless be treated for the purposes of sections 50 to 52 as lacking capacity to do so;

(l)cases or circumstances in which a local authority making direct payments may or must review the making of those payments;

(m)cases or circumstances in which a local authority making direct payments may or must—

(i)terminate the making of those payments;

(ii)require the repayment of the whole or part of a direct payment;

(n)the recovery of any amount due to a local authority in connection with the making of direct payments.

(2)In subsection (1)(b) and (c)—

(3)Regulations under section 50, 51 or 52 may make provision in relation to direct payments which corresponds to the provision which is made by, or may be made under, sections 59 to 67 or section 73.

(4)For the purposes of subsection (3), provision corresponds to that which is made by or under sections 59 to 67 or section 73 if it makes, in relation to reimbursements or contributions, provision which is in the opinion of the Welsh Ministers equivalent in effect to the provision made by or under those sections in relation to charges for providing or arranging the provision of care and support (or, in the case of carers, support) to meet a person's needs.

(5)Regulations under section 50, 51 or 52 must require a local authority to take specified steps to enable relevant persons to make informed choices about the use of direct payments.

(6)In subsection (5) “relevant persons” means persons whose consent must be obtained to the making of direct payments under regulations made under section 50, 51 or 52.

(7)Regulations under section 51 must specify that where direct payments are made to a person who receives a benefit falling within a specified category, the payments—

(a)must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of the care and support in respect of which the payments are made, and

(b)must not be made subject to any condition that requires a person to pay any amount to the authority by way of reimbursement.

(8)In subsection (7) “benefit” includes any allowance, payment, credit or loan.

(9)A person to whom a local authority makes a direct payment may, subject to regulations made under section 50, 51 or 52, use the payment to purchase care and support (or, in the case of a carer, support) from any person (including, among others, the authority which made the payment).

(10)A local authority may impose a reasonable charge for the provision of care and support (or, in the case of a carer, support) to meet needs in respect of which a direct payment has been made.

[F13(11)The ways in which a local authority may discharge its duty under section 117 of the Mental Health Act 1983 include by making direct payments; and for that purpose Schedule A1 (which includes modifications of sections 50 and 51 and this section) has effect.]

Textual Amendments

Commencement Information

I49S. 53 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

PlansE+W

54Care and support plans and support plansE+W

(1)Where a local authority is required to meet the needs of a person under section 35 or 37, it must prepare and maintain a care and support plan in relation to that person.

(2)Where a local authority is required to meet the needs of a carer under section 40 or 42, it must prepare and maintain a support plan in relation to that carer.

(3)A local authority must keep under review the plans that it maintains under this section.

(4)Where a local authority is satisfied that the circumstances of the person to whom a plan relates have changed in a way that affects the plan, the authority must—

(a)carry out such assessments as it considers appropriate, and

(b)revise the plan.

(5)Regulations must make provision about—

(a)how plans under this section are to be prepared;

(b)what a plan is to contain;

(c)the review and revision of plans.

(6)Regulations under subsection (5)(c) must specify, in particular—

(a)the persons who may request a review of a plan (on their own behalf or on behalf of another person);

(b)the circumstances in which a local authority—

(i)may refuse to comply with a request for a review of a plan, and

(ii)may not refuse to do so.

(7)When preparing, reviewing or revising a plan under this section, a local authority must involve—

(a)in the case of a care and support plan relating to an adult, the adult and, where feasible, any carer that the adult has;

(b)in the case of a care and support plan relating to a child, the child and any person with parental responsibility for the child;

(c)in the case of a support plan relating to a carer, the carer and, where feasible, the person for whom the carer provides or intends to provide care.

(8)The local authority may—

(a)prepare, review or revise a plan under this section at the same time as it or another body is preparing, reviewing or revising another document in the case of the person concerned, and

(b)include the other document in the plan.

Commencement Information

I50S. 54 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

55Regulations about care and support plans and support plansE+W

Regulations under section 54(5) may, for example—

(a)require plans to be in a specified form;

(b)require plans to contain specified things;

(c)make provision about further persons whom a local authority must involve in the preparation, review or revision of plans;

(d)require plans to be prepared, reviewed or revised by specified persons;

(e)confer functions on persons specified in the regulations in connection with the preparation, review or revision of plans;

(f)specify persons to whom written copies of a plan must be provided (including, in specified cases, the provision of copies without the consent of the person to whom the plan relates);

(g)specify further circumstances in which plans must be reviewed.

Commencement Information

I51S. 55 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

SupplementaryE+W

56Portability of care and supportE+W

(1)Where a local authority (“the sending authority”) is notified by or on behalf of a person in respect of whom it has a duty under section 35 or 37 to meet needs for care and support that the person is going to move to the area of another local authority (“the receiving authority”), and it is satisfied that the move is likely to happen, it must—

(a)notify the receiving authority that it is so satisfied, and

(b)provide the receiving authority with—

(i)a copy of the care and support plan prepared for the person, and

(ii)such other information relating to the person and, if the person has a carer, such other information relating to the carer as the receiving authority may request.

(2)Where the receiving authority is notified by or on behalf of a person in respect of whom the sending authority has a duty under section 35 or 37 to meet needs for care and support that the person is going to move to the receiving authority's area, and the receiving authority is satisfied that the move is likely to happen, it must—

(a)notify the sending authority that it is so satisfied,

(b)provide the person and, if the person has a carer, the carer with such information as it considers appropriate,

(c)if the person is a child, provide the persons with parental responsibility for the child with such information as it considers appropriate, and

(d)assess the person under section 19 (if the person is an adult) or 21 (if the person is a child), having regard in particular to any change in the person's needs for care and support arising from the move.

(3)If, on the day the person moves to its area, the receiving authority has yet to carry out the assessment required by subsection (2)(d), or has done so but has yet to carry out the other steps required by this Part or Part 5, it must meet the person's needs for care and support in accordance with the care and support plan prepared by the sending authority, in so far as that is reasonably practicable.

(4)In carrying out the assessment required by subsection (2)(d), the receiving authority must have regard to the care and support plan provided under subsection (1)(b).

(5)The receiving authority is subject to the duty under subsection (3) until it has—

(a)carried out the assessment required by subsection (2)(d), and

(b)taken the other steps required under this Part or Part 5.

(6)Regulations may—

(a)specify steps which a local authority must take to satisfy itself in respect of the matters mentioned in subsections (1) and (2);

(b)specify matters to which a receiving authority must have regard in deciding how to comply with the duty under subsection (3);

(c)specify cases in which the duties under subsection (1), (2) or (3) do not apply.

(7)A reference in this section to moving to an area is a reference to moving to that area with a view to becoming ordinarily resident there.

Commencement Information

I52S. 56 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

57Cases where a person expresses preference for particular accommodationE+W

(1)Regulations may provide that where—

(a)a local authority is going to meet needs under sections 35 to 38 or sections 40 to 45 by providing or arranging for the provision of accommodation of a specified type for a person,

(b)the person concerned, or a person of a specified description, expresses a preference for particular accommodation of that type, and

(c)specified conditions are met,

the local authority must provide or arrange for the provision of the preferred accommodation.

(2)The regulations may require the person concerned or a person of a specified description to pay some or all of the additional cost (if any) of the preferred accommodation in specified cases or circumstances.

(3)In subsection (2) “additional cost” means the difference between—

(a)the cost of providing or arranging the provision of the preferred accommodation, and

(b)the cost that the local authority would usually expect to incur in providing or arranging the provision of suitable accommodation of that type to meet the needs of the person concerned.

Commencement Information

I53S. 57 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

58Protecting property of persons being cared for away from homeE+W

(1)This section applies where—

(a)a person is having needs for care and support met under section 35, 36, 37 or 38 in a way that involves the provision of accommodation [F14, is admitted to hospital] (or both), and

(b)it appears to a local authority that there is a danger of loss or damage to movable property of the person's in the authority's area because—

(i)the person is unable (whether permanently or temporarily) to protect or deal with the property, and

(ii)no suitable arrangements have been or are being made.

(2)The local authority must take reasonable steps to prevent or mitigate the loss or damage.

(3)For the purpose of discharging that duty, the local authority—

(a)may at all reasonable times and on reasonable notice enter any premises which the person was living in immediately before being provided with accommodation or admitted to hospital, and

(b)may take any other steps which it considers reasonably necessary for preventing or mitigating loss or damage.

(4)The local authority must ensure that the following requirements are satisfied before taking any steps under subsection (3)(a) or (b)—

(5)The local authority must take reasonable steps to obtain any consent which may be needed under subsection (4).

(6)Where the local authority is unable to ensure that the requirements in subsection (4) are satisfied, the local authority's duty under subsection (2) ceases to apply.

(7)Where a local authority is proposing to exercise the power under subsection (3)(a) or (b), the officer it authorises to do so must, upon request, produce valid documentation setting out the authorisation to do so.

(8)A person who, without reasonable excuse, obstructs the exercise of the power under subsection (3)(a) or (b)—

(a)commits an offence, and

(b)is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(9)A local authority may recover whatever reasonable expenses it incurs under this section in relation to an adult's movable property from that adult.

(10)An amount recoverable under subsection (9) is recoverable summarily as a civil debt (but this does not affect any other method of recovery).

Textual Amendments

Commencement Information

I54S. 58 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

PART 5E+WCHARGING AND FINANCIAL ASSESSMENT

Charging for meeting needsE+W

59Power to impose chargesE+W

(1)A local authority may require a person to pay a charge to the authority for providing or arranging the provision of care and support or (in the case of a carer) support under sections 35 to 45 to meet a person's needs.

(2)A charge imposed under subsection (1) may cover only the cost that the local authority incurs in meeting the needs to which the charge applies.

(3)But where a local authority is meeting needs because section 35(4)(b)(ii), 36, 38, 41(2), (4) or (6)(a)(i), 43(2) or (4)(a)(i) or 45 applies, it may require a person to pay a charge to the authority (in addition to any charge imposed under subsection (1)) for putting in place the arrangements for meeting those needs.

(4)A local authority's power to impose a charge under this section is subject to—

(a)the provision made in regulations under section 61 or 62 (if any), and

(b)its duties under sections 63, 66 and 67 (if applicable).

Commencement Information

I55S. 59 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

60Persons upon whom charges may be imposedE+W

(1)This section describes the persons upon whom charges may be imposed under section 59.

(2)A charge for providing or arranging the provision of care and support to meet an adult's needs, or for putting in place the arrangements for that care and support, may be imposed on that adult.

(3)A charge for providing or arranging the provision of care and support to meet a child's needs, or for putting in place the arrangements for that care and support, may be imposed—

(a)where the care and support is provided to a child, on an adult with parental responsibility for that child;

(b)where the child's needs for care and support are being met by the provision of something to an adult, on that adult.

(4)A charge for providing or arranging the provision of support to meet a carer's needs, or for putting in place the arrangements for that support, may be imposed—

(a)where the support is provided to a carer who is an adult, on that carer;

(b)where the support is provided to a carer who is a child, on an adult with parental responsibility for that carer;

but this is subject to subsection (5).

(5)Where a carer's needs for support are met by the provision of care and support to a person for whom the carer provides or intends to provide care, subsection (4) does not apply; a charge for providing or arranging the provision of that support, or for putting in place the arrangements for that support, may instead be imposed—

(a)where the carer's needs for support are met by the provision of care and support to an adult, on that adult;

(b)where the carer's needs for support are met by the provision of care and support to a child, on an adult with parental responsibility for that child.

Commencement Information

I56S. 60 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

61Regulations about the exercise of a power to impose a chargeE+W

(1)Regulations may make provision for and in connection with the exercise of a power to impose a charge under section 59.

(2)The regulations may (among other things) make provision about the amount of the charge which may be imposed under section 59(1); and the regulations may (in reliance on section 196(2)) do so, for example, by—

(a)specifying a maximum amount which may be imposed for care and support or (in the case of carers) support of a specified type or for a specified combination of such things, or a formula or method for determining that maximum amount;

(b)requiring a local authority to fix a charge for care and support or (in the case of carers) support of a specified type or for a specified combination of such things by reference to a specified period of time;

(c)specifying, in the case of a charge referred to in paragraph (b), a maximum amount which may be imposed, or a formula or method for determining that maximum amount.

(3)The regulations may also (among other things) make provision about the amount of the charge which may be imposed under section 59(3); and the regulations may (in reliance on section 196(2)) do so, for example, by specifying a maximum amount which may be imposed for putting arrangements in place—

(a)in specified circumstances, or

(b)for persons of a specified description.

Commencement Information

I57S. 61 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

62Regulations disapplying a power to impose a chargeE+W

Regulations may disapply a local authority's power to impose a charge under section 59(1) or (3) (and so may require a local authority to meet needs under sections 35 to 45 free of charge); the regulations may (in reliance on section 196(2) require a local authority to do so where, for example, the care and support, or (in the case of carers) the support—

(a)is of a specified type;

(b)is provided or arranged in specified circumstances;

(c)is provided to, or arranged for, persons of a specified description;

(d)is provided or arranged for a specified period only.

Commencement Information

I58S. 62 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

63Duty to carry out a financial assessmentE+W

(1)This section applies in relation to a person on whom a local authority thinks it would impose a charge under section 59, were it to meet a person's needs for care and support or a carer's needs for support.

(2)The local authority must assess the level of the person's financial resources in order to determine whether it would be reasonably practicable for the person to pay the standard charge (but this is subject to section 65).

(3)In this Part “standard charge” means the amount that a local authority would charge under section 59 if no determination were made under section 66 as to a person's ability to pay that amount.

(4)An assessment under this section is referred to in this Act as a “financial assessment”.

Commencement Information

I59S. 63 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

64Regulations about financial assessmentsE+W

(1)Regulations must make provision for and in connection with carrying out financial assessments.

(2)The regulations must make provision for—

(a)calculating income;

(b)calculating capital.

(3)The regulations may also make provision for the following matters (among other matters)—

(a)the treatment, or non-treatment, of amounts of a specified type as income or as capital;

(b)cases or circumstances in which a person is to be treated as having financial resources which exceed a specified level (which may include, for example, cases in which the person being assessed has failed to provide to a local authority, upon request, information or documents in the person's possession or under the person's control);

(c)cases or circumstances in which a new financial assessment must or may be carried out.

Commencement Information

I60S. 64 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

65Regulations disapplying the duty to carry out a financial assessmentE+W

Regulations may make provision about circumstances in which a local authority is not required (despite section 63) to carry out a financial assessment.

Commencement Information

I61S. 65 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

66Determination as to a person's ability to pay a chargeE+W

(1)Where a local authority has carried out a financial assessment—

(a)the authority must determine, in light of the assessment, whether it would be reasonably practicable for the assessed person to pay the standard charge for the care and support or (in the case of carers) the support in respect of which a charge would be imposed on that person, and

(b)if the authority determines that it would not be reasonably practicable for the assessed person to pay the standard charge, the authority must determine the amount (if any) that it would be reasonably practicable for that person to pay for that care and support or that support.

(2)In this section “the assessed person” means the person whose financial resources have been assessed under section 63.

(3)Regulations must make provision about the making of determinations under subsection (1).

(4)The regulations must require a local authority to determine, in a case where the assessed person's financial resources (whether income, capital, or a combination of both) exceed a specified level, that it would be reasonably practicable for that person to pay the standard charge.

(5)The level specified for the purposes of subsection (4) is referred to in this Act as “the financial limit”.

(6)The regulations may require a local authority to determine that it would not be reasonably practicable for the assessed person to pay any amount for the care and support or (in the case of carers) the support that would reduce the person's income or capital below specified levels; and the regulations may, (in reliance on section 196(2)) specify different levels—

(a)for income and for capital,

(b)for different circumstances, and

(c)for different descriptions of persons.

(7)The regulations may also (among other things) make provision about cases or circumstances in which a local authority must or may replace a determination with a new determination.

(8)A determination under subsection (1) has effect from a date that the local authority considers reasonable (which may be a date before that on which the determination was made); but this is subject to any provision made in regulations under subsection (9).

(9)Regulations may make provision as to the date from which a determination under subsection (1) is to have effect (and may include provision for a determination to have effect from a date before that on which it was made).

(10)Where a determination replaces an existing determination, the existing determination continues to have effect until the new determination has effect.

(11)For the purposes of subsection (10), a determination replaces an existing determination if it relates to the same person and the same care and support or (in the case of carers) support.

Commencement Information

I62S. 66 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

67Duty to give effect of determination as to ability to pay a chargeE+W

(1)A local authority must give effect to a determination under section 66 in imposing charges under section 59.

(2)But regulations may make provision about circumstances in which the duty under subsection (1) does not apply.

Commencement Information

I63S. 67 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

68Deferred payment agreementsE+W

(1)Regulations may specify cases or circumstances in which, or conditions subject to which, a local authority may or must enter into a deferred payment agreement with a person who is required (or is going to be required) to pay a charge under section 59.

(2)A deferred payment agreement is an agreement under which—

(a)the local authority agrees not to require payment of the person's required amount until the time specified in or determined in accordance with the regulations, and

(b)the person agrees to give the local authority a charge over the person's interest in his or her home to secure payment of the person's required amount.

(3)The person's required amount is so much of the charge that the person is required (or is going to be required) to pay under section 59 as is specified in or determined in accordance with the regulations.

(4)The regulations may require or permit the local authority to charge—

(a)interest on the person's required amount;

(b)such amount relating to the local authority's administrative costs as is specified in or determined in accordance with the regulations;

(c)interest on an amount charged under paragraph (b).

(5)The regulations may provide for interest referred to in subsection (4)(a) to be charged by means of an obligation in the deferred payment agreement and to be treated in the same way as the person's required amount.

(6)The regulations may—

(a)specify costs which are, or which are not, to be regarded as administrative costs for the purposes of subsection (4)(b);

(b)provide for an amount referred to in subsection (4)(b) or for interest referred to in subsection (4)(c) to be charged by means of an obligation in the deferred payment agreement and to be treated in the same way as the person's required amount.

(7)The local authority may not charge interest under regulations made under subsection (4) at a rate that exceeds the rate specified in or determined in accordance with the regulations.

(8)The regulations must make provision about the duration of the agreement and for its termination by either party; the regulations must, among other things, enable the person to terminate it and the charge to which it gives effect by—

(a)giving the local authority notice, and

(b)paying the authority the full amount for which the person is liable with respect to the person's required amount and any amount charged under regulations made by virtue of subsection (4).

(9)The regulations may make provision as to the rights and obligations of the local authority and the person where the person disposes of the interest to which the agreement relates and acquires an interest in another property in Wales or England; the regulations may, for example, make provision—

(a)for the local authority not to require payment of the amounts referred to in subsection (8)(b) until a time specified in or determined in accordance with the regulations, and

(b)for the person to give the local authority a charge over his or her interest in the other property.

(10)A reference to a person's home is a reference to the property which the person occupies as his or her only or main residence; and a reference to a person's interest in a property is a reference to the person's legal or beneficial interest in that property.

(11)Regulations may apply this section, with or without modifications, for the purpose of enabling a person to agree to give a charge over the person's interest in a property in Wales or England which he or she used to occupy as his or her only or main residence.

Commencement Information

I64S. 68 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Charging for preventative services and assistanceE+W

69Charging for preventative services and assistanceE+W

(1)Regulations may make provision about charges for—

(a)services provided under section 15;

(b)assistance provided under section 17.

(2)But the regulations may not make provision—

(a)which enables a charge to be imposed for services or assistance in respect of which a charge has been imposed under section 59,

(b)which enables a charge to cover anything other than the cost incurred in providing the services or assistance to which the charge relates, or

(c)which enables a charge to be imposed on a child.

Commencement Information

I65S. 69 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Enforcement of debtsE+W

70Recovery of charges, interest etcE+W

(1)Any amount due to a local authority under this Part is recoverable by the authority as a debt due to it.

(2)But subsection (1) does not apply in a case where a deferred payment agreement could be entered into, in accordance with regulations under section 68, unless—

(a)the local authority has sought to enter into such an agreement with the person from whom the amount is due, and

(b)that person has refused.

(3)An amount recoverable by a local authority under subsection (1) is recoverable summarily as a civil debt (but this does not affect any other method of recovery).

(4)An amount is recoverable under this section within six years of the date on which the amount becomes due to the local authority.

(5)Where a person mentioned in subsection (6) misrepresents or fails to disclose (whether fraudulently or otherwise) to a local authority any material fact in connection with the provisions of this Part, the following amounts are due to the authority from that person—

(a)any expenditure incurred by the authority as a result of the misrepresentation or failure, and

(b)any amount recoverable under this section which the authority has not recovered as a result of the misrepresentation or failure.

(6)The persons are—

(a)an adult—

(i)who appears to the local authority to have needs for care and support or (in the case of a carer) support under Part 3, and

(ii)who has capacity to understand whether a fact may be material in connection with the provisions of this Part;

(b)an adult—

(i)to whom something is provided in order to meet another person's needs for care and support or (in the case of a carer) support under Part 3, and

(ii)who has capacity to understand whether a fact may be material in connection with the provisions of this Part;

(c)an adult of a description specified in regulations in relation to care and support or (in the case of a carer) support which appears to the local authority to be needed by—

(i)a child, or

(ii)an adult who does not have capacity to understand whether a fact may be material in connection with the provisions of this Part.

(7)The reasonable costs incurred by a local authority in recovering or seeking to recover an amount due to it under this Part are recoverable by the authority as a debt due to it; and subsection (3) applies to the recovery of those costs as if they were amounts to which subsection (1) applies.

(8)Regulations may—

(a)make provision for determining the date on which an amount becomes due to a local authority for the purposes of this section;

(b)specify cases or circumstances in which an amount due to a local authority under this Part is not recoverable by it under this section;

(c)specify cases or circumstances in which a local authority may charge interest on an amount (including any costs recoverable by the authority under subsection (7)) due to it under this Part;

(d)where interest is chargeable, provide that it—

(i)must be charged at a rate that exceeds the rate specified in or determined in accordance with the regulations;

(ii)may not be charged at a rate that exceeds the rate specified in or determined in accordance with the regulations.

Commencement Information

I66S. 70 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

71Creation of a charge over an interest in landE+W

(1)Where a person—

(a)fails to pay to a local authority an amount that is recoverable by the authority under this Part, and

(b)has a legal or beneficial interest in land in Wales or England,

the local authority may create a charge in its favour over the person's interest in the land to secure payment of that amount.

(2)Where the person has interests in more than one parcel of land, the local authority may create the charge over whichever one of those interests it chooses.

(3)The charge may be in respect of any amount that is recoverable by the local authority under this Part; but this is subject to subsection (4).

(4)Where the charge is created over the interest of an equitable joint tenant in land, the amount of the charge must not exceed the value of the interest that the person would have in the land if the joint tenancy were severed (but the creation of the charge does not sever the joint tenancy).

(5)On the death of an equitable joint tenant in land whose interest in the land is subject to a charge under this section, the following persons' interests in land become subject to a charge—

(a)if there are surviving joint tenants, their interests in the land;

(b)if the land vests in one person, or one person is entitled to have it vested in himself or herself, that person's interest in the land.

(6)The amount of the charge created under subsection (5) must not exceed the amount of the charge to which the interest of the deceased joint tenant was subject.

(7)A charge under this section must be created by a declaration in writing made by the local authority.

(8)A charge under this section, other than a charge over the interest of an equitable joint tenant in land—

(a)in the case of unregistered land, is a Class B land charge within the meaning of section 2 of the Land Charges Act 1972;

(b)in the case of registered land, is a registrable charge taking effect as a charge by way of legal mortgage.

(9)Where an amount is charged over a person's interest in land under this section, interest is chargeable upon that amount from the day on which the person mentioned in subsection (1) dies.

(10)The rate of interest chargeable under subsection (9) is—

(a)a rate specified in or determined in accordance with regulations, or

(b)if no regulations are made, a rate determined by the local authority.

Commencement Information

I67S. 71 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

72Transfer of assets to avoid chargesE+W

(1)This section applies in a case where the needs of a person (“P”) have been or are being met by a local authority under sections 35 to 42 or section 45 and where—

(a)a person (“the transferor”) (who may be P but need not be so) has transferred an asset to another person (a “transferee”),

(b)the transfer was undertaken with the intention of avoiding charges for having P's needs met, and

(c)either the consideration for the transfer was less than the value of the asset or there was no consideration for the transfer.

(2)The transferee is liable to pay to the local authority an amount equal to the difference between—

(a)the amount the authority would have charged the transferor were it not for the transfer of the asset, and

(b)the amount it did in fact charge the transferor.

(3)But the transferee is not liable to pay to the authority an amount which exceeds the benefit accruing to the transferee from the transfer.

(4)Where an asset has been transferred to more than one transferee, the liability of each transferee is in proportion to the benefit accruing to that transferee from the transfer.

(5)In this section “asset” means anything which may be taken into account for the purposes of a financial assessment.

(6)The value of an asset (other than cash) is the amount which would have been realised if it had been sold on the open market by a willing seller at the time of the transfer, with a deduction for—

(a)the amount of any encumbrance on the asset, and

(b)a reasonable amount in respect of the expenses of the sale.

(7)Regulations may specify cases or circumstances in which liability under subsection (2) does not arise.

Commencement Information

I68S. 72 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

ReviewsE+W

73Reviews relating to chargingE+W

(1)Regulations must make provision for and in connection with the review of—

(a)charges imposed under section 59,

(b)determinations made under section 66, and

(c)decisions relating to the liability of a transferee to pay an amount to a local authority under section 72.

(2)The regulations may (among other things) make provision about—

(a)the persons who may request a review (on their own behalf or on behalf of another person);

(b)the circumstances and the manner in which a review may be requested;

(c)the period within which a request must be made;

(d)the procedure to be followed, and the steps to be taken, in connection with a review;

(e)the description of persons who may make a decision following the review;

(f)the effect of a decision of that kind.

Commencement Information

I69S. 73 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

PART 6E+WLOOKED AFTER AND ACCOMMODATED CHILDREN

InterpretationE+W

74Child or young person looked after by a local authorityE+W

(1)In this Act, a reference to a child who is looked after by a local authority is a reference to a child who is—

(a)in its care, or

(b)provided with accommodation by the authority in the exercise of any functions which are social services functions, apart from functions under section 15, Part 4, or section 109, 114 or 115.

(2)In subsection (1), “accommodation” means accommodation which is provided for a continuous period of more than 24 hours.

(3)In this Part, a reference to a young person being looked after by a local authority is a reference to a young person being looked after by the authority while he or she is or was a child.

Commencement Information

I70S. 74 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Accommodation dutiesE+W

75General duty of local authority to secure sufficient accommodation for looked after childrenE+W

(1)A local authority must take steps that secure, so far as reasonably practicable, that the local authority is able to provide the children mentioned in subsection (2) with accommodation that—

(a)is within the authority's area, and

(b)meets the needs of those children.

(2)The children referred to in subsection (1) are those—

(a)that the local authority is looking after,

(b)in respect of whom the authority is unable to make arrangements under section 81(2), and

(c)whose circumstances are such that it would be consistent with their well-being for them to be provided with accommodation that is in the authority's area.

(3)In discharging its duty under subsection (1), the local authority must have regard to the benefit of having—

(a)a number of accommodation providers in its area that is, in the authority's opinion, sufficient to discharge its duty, and

(b)a range of accommodation in its area capable of meeting different needs that is, in its opinion, sufficient to discharge its duty.

(4)In this section “accommodation providers” means—

(a)local authority foster parents, and

(b)children's homes.

Commencement Information

I71S. 75 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

76Accommodation for children without parents or who are lost or abandoned etcE+W

(1)A local authority must provide accommodation for any child within its area who appears to the authority to require accommodation as a result of—

(a)there being no person who has parental responsibility for the child,

(b)the child being lost or having been abandoned, or

(c)the person who has been caring for the child being prevented (whether or not permanently, and for whatever reason) from providing the child with suitable accommodation or care.

(2)Where a local authority provides accommodation under subsection (1) for a child who is ordinarily resident in the area of another local authority, that other local authority may take over the provision of accommodation for the child within—

(a)three months of being notified in writing that the child is being provided with accommodation, or

(b)such other longer period as may be specified.

[F15(2A)Where a local authority in England provides accommodation under section 20(1) of the Children Act 1989 (provision of accommodation for children: general) for a child who is ordinarily resident in the area of a local authority in Wales, that local authority in Wales may take over the provision of accommodation for the child within—

(a)three months of being notified in writing that the child is being provided with accommodation, or

(b)such other longer period as may be specified.]

(3)A local authority must provide accommodation for any child within its area who has reached the age of 16 and whose well-being the authority considers is likely to be seriously prejudiced if it does not provide the child with accommodation.

(4)A local authority may not provide accommodation under this section for any child if any person objects who—

(a)has parental responsibility for the child, and

(b)is willing and able to—

(i)provide accommodation for the child, or

(ii)arrange for accommodation to be provided for the child.

(5)Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of a local authority under this section.

(6)Subsections (4) and (5) do not apply while any person—

(a)in whose favour a [F16child arrangements order] is in force with respect to the child,

(b)who is a special guardian of the child, or

(c)who has care of the child by virtue of an order made in the exercise of the High Court's inherent jurisdiction with respect to children,

agrees to the child being looked after in accommodation provided by or on behalf of the local authority.

(7)Where there is more than one such person as is mentioned in subsection (6), all of them must agree.

(8)Subsections (4) and (5) do not apply where a child who has reached the age of 16 agrees to being provided with accommodation under this section.

77Accommodation for children in police protection or detention or on remand etcE+W

(1)A local authority must make provision for the reception and accommodation of children who are removed or kept away from home under Part 5 of the Children Act 1989.

(2)A local authority must receive, and provide accommodation for, children—

(a)in police protection whom it is requested to receive under section 46(3)(f) of the Children Act 1989;

(b)whom it is requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984;

(c)with respect to whom it is the designated authority and who are—

(i)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc of referral orders and reparation orders);

(ii)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc of youth rehabilitation orders);

(iii)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act);

(iv)the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering.

(3)In subsection (2), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)—

(4)Subsection (5) applies where—

(a) a child has been—

(i)removed under Part 5 of the Children Act 1989, or

(ii)detained under section 38 of the Police and Criminal Evidence Act 1984, and

(b)the child is not being provided with accommodation—

(i)by a local authority [F17or local authority in England], or

(ii)in a hospital vested in the Welsh Ministers, an NHS Trust, an NHS Foundation Trust or the Secretary of State, or otherwise made available pursuant to arrangements made by a Local Health Board, an NHS Trust, an NHS Foundation Trust, the Welsh Ministers, the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group.

(5)Any reasonable expenses of accommodating the child are recoverable from the local authority [F18or local authority in England] in whose area the child is ordinarily resident.

Duties of local authorities in relation to looked after childrenE+W

78Principal duty of a local authority in relation to looked after childrenE+W

(1)A local authority looking after any child must—

(a)safeguard and promote the child's well-being, and

(b)make such use of services available for children cared for by their own parents as appears to the authority reasonable in the child's case.

(2)The duty of a local authority under subsection (1)(a) to safeguard and promote the well-being of a child looked after by it includes, for example—

(a)a duty to promote the child's educational achievement;

(b)a duty—

(i)to assess from time to time whether the child has care and support needs which meet the eligibility criteria set under section 32, and

(ii)if the child has needs which meet the eligibility criteria, to at least meet those needs.

(3)Before making any decision with respect to a child whom it is looking after, or proposing to look after, a local authority must (in addition to the matters set out in sections 6(2) and (4) and 7(2) (other overarching duties)) have regard to—

(a)the views, wishes and feelings of any person whose views, wishes and feelings the authority considers to be relevant;

(b)the child's religious persuasion, racial origin and cultural and linguistic background.

(4)If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise its powers with respect to a child whom it is looking after in a manner which may not be consistent with its duties under this section or section 6, it may do so.

Commencement Information

I74S. 78 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

79Provision of accommodation for children in careE+W

When a child is in the care of a local authority, the authority must provide the child with accommodation.

Commencement Information

I75S. 79 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

80Maintenance of looked after childrenE+W

A local authority must maintain a child it is looking after in other respects apart from the provision of accommodation.

Commencement Information

I76S. 80 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

81Ways in which looked after children are to be accommodated and maintainedE+W

(1)This section applies where a local authority is looking after a child (“C”).

(2)The local authority must make arrangements for C to live with a person who falls within subsection (3), but this is subject to subsections (4) and (11).

(3)A person (“P”) falls within this subsection if—

(a)P is a parent of C,

(b)P is not a parent of C but has parental responsibility for C, or

(c)in a case where C is in the care of the local authority and there was a [F19child arrangements order] in force with respect to C immediately before the care order was made, P was a person in whose favour the [F19child arrangements order] was made.

(4)Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so—

(a)would not be consistent with C's well-being, or

(b)would not be reasonably practicable.

(5)If the local authority is unable to make arrangements under subsection (2), it must place C in the placement that is, in its opinion, the most appropriate placement available (but this is subject to subsection (11)).

(6)In subsection (5) “placement” means—

(a)placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent,

(b)placement with a local authority foster parent who does not fall within paragraph (a),

(c)placement in a children's home, or

(d)subject to section 82, placement in accordance with other arrangements that comply with any regulations made for the purposes of this section.

(7)In determining the most appropriate placement for C under subsection (5), the local authority must, subject to the other provisions of this Part (in particular, to its duties under section 78)—

(a)give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection,

(b)comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8), and

(c)comply with subsection (9) unless it is not reasonably practicable to do so.

(8)The local authority must ensure that the placement is such that—

(a)it allows C to live near C's home;

(b)it does not disrupt C's education or training;

(c)if C has a sibling for whom the local authority is also providing accommodation, it enables C and the sibling to live together;

(d)if C is disabled, the accommodation provided is suitable to C's particular needs.

(9)The placement must be such that C is provided with accommodation within the local authority's area.

(10)Subsection (11) applies where—

(a)the local authority is satisfied that C ought to be placed for adoption and proposes to place C for adoption with a particular prospective adopter (“A”),

(b)an adoption agency has determined that A is suitable to adopt a child, and

(c)the local authority is not authorised to place C for adoption.

(11)The local authority must place C with A, unless in its opinion it would be more appropriate—

(a)to make arrangements for C to live with a person falling within subsection (3), or

(b)to place C in a placement of a description mentioned in subsection (6).

(12)For the purposes of subsection (10)—

(a)adoption agency” has the meaning given by section 2 of the Adoption and Children Act 2002;

(b)a local authority is authorised to place C for adoption only if it has been authorised to do so under—

(i)section 19 of that Act (placing children with parental consent), or

(ii)a placement order made under section 21 of that Act.

(13)The local authority may determine—

(a)the terms of any arrangements it makes under subsection (2) in relation to C (including terms as to payment), and

(b)the terms on which it places C with a local authority foster parent under subsection (5) or with a prospective adopter under subsection (11) (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I77S. 81 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

82Review of child's case before making alternative arrangements for accommodationE+W

(1)Where a local authority is providing accommodation for a child (“C”) other than in accordance with arrangements falling within section 81(6)(d), it must not make such arrangements for C unless it has decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 102 (review of cases and inquiries into representations).

(2)But subsection (1) does not prevent a local authority making arrangements for C under section 81(6)(d) if it is satisfied that in order to safeguard C's well-being it is necessary—

(a)to make such arrangements, and

(b)to do so as a matter of urgency.

Modifications etc. (not altering text)

Commencement Information

I78S. 82 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

83Care and support plansE+W

(1)Where a child becomes looked after by a local authority, any care and support plan prepared under section 54 in relation to that child must be—

(a)reviewed, and

(b)maintained under this section.

(2)Where a child who does not have a care and support plan under section 54 becomes looked after by a local authority, the local authority must prepare and maintain a care and support plan in relation to that child.

(3)A local authority must keep under review the plans that it maintains under this section.

(4)Where a local authority is satisfied that the circumstances of the child to whom a plan relates have changed in a way that affects the plan, the authority must—

(a)carry out such assessments as it considers appropriate, and

(b)revise the plan.

(5)Regulations must make provision about—

(a)how plans under this section are to be prepared;

(b)what a plan is to contain;

(c)the review and revision of plans.

(6)Regulations under subsection (5)(c) must specify, in particular—

(a)the persons who may request a review of a plan (on their own behalf or on behalf of another person);

(b)the circumstances in which a local authority—

(i)may refuse to comply with a request for a review of a plan, and

(ii)may not refuse to do so.

(7)When preparing, reviewing or revising a plan under this section, a local authority must involve the child to whom the plan relates and any person with parental responsibility for the child.

(8)The local authority may—

(a)prepare, review or revise a plan under this section at the same time as it or another body is preparing, reviewing or revising another document in the case of the child concerned, and

(b)include the other document in the plan.

(9)Any part of a plan maintained under this section which meets the requirements imposed by or under section 31A of the Children Act 1989 may be treated for the purposes of that Act as a plan prepared under section 31A of that Act.

Commencement Information

I79S. 83 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

84Regulations about care and support plansE+W

Regulations under section 83 may, for example—

(a)require plans to be in a specified form;

(b)require plans to contain specified things;

(c)make provision about further persons whom a local authority must involve in the preparation, review or revision of plans;

(d)require plans to be prepared, reviewed or revised by specified persons;

(e)confer functions on persons specified in the regulations in connection with the review or revision of plans;

(f)specify persons to whom written copies of a plan must be provided (including, in specified cases, the provision of copies without the consent of the person to whom the plan relates);

(g)specify further circumstances in which plans must be reviewed.

Commencement Information

I80S. 84 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

85Contributions towards maintenance of looked after childrenE+W

Schedule 1 makes provision about contributions towards the maintenance of children looked after by local authorities.

Commencement Information

I81S. 85 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[F2186 F20... Homes provided, equipped and maintained by Welsh Ministers or Secretary of StateE+W

Where a local authority places a child it is looking after in a F20... home provided, equipped and maintained by the Welsh Ministers or the Secretary of State under section 82(5) of the Children Act 1989, it must do so on such terms and conditions as the Welsh Ministers or the Secretary of State (as the case may be) may from time to time determine.]

Regulations about looked after childrenE+W

87Regulations about looked after childrenE+W

Regulations may make further provision about children looked after by local authorities.

Commencement Information

I83S. 87 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

88Regulations about conditions under which a child in care is allowed to live with a parent etcE+W

Regulations under section 87 may, for example, impose requirements on a local authority as to—

(a)the making of any decision to allow a child in its care to live with any person falling within section 81(3) (including requirements as to those who must be consulted before the decision is made and those who must be notified when it has been made);

(b)the supervision or medical examination of the child concerned;

(c)the removal of the child, in such circumstances as may be specified in regulations, from the care of the person with whom the child has been allowed to live;

(d)the records to be kept by the local authority.

Commencement Information

I84S. 88 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

89Regulations about placements of a kind mentioned in section 81(6)(d)E+W

(1)Regulations under section 87 may, for example, make provision as to placements of the kind mentioned in section 81(6)(d).

(2)Regulations under subsection (1) may, for example, make provision as to—

(a)the persons to be notified of any proposed arrangements;

(b)the opportunities such persons are to have to make representations in relation to the arrangements proposed;

(c)the persons to be notified of any proposed changes in the arrangements;

(d)the records to be kept by local authorities;

(e)the supervision by local authorities of any arrangements made.

Commencement Information

I85S. 89 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

90Regulations about placements out of areaE+W

Regulations under section 87 may, for example, impose requirements that a local authority must comply with—

(a)before a child looked after by it is provided with accommodation at a place outside the area of the authority, or

(b)if the child's well-being requires the immediate provision of such accommodation, within such period of the accommodation being provided as may be specified.

Commencement Information

I86S. 90 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

91Regulations about the avoidance of disruption in educationE+W

(1)Regulations under section 87 may, for example, impose requirements that a local authority must comply with before making any decision concerning a child's placement if he or she is in the fourth key stage.

(2)A child is “in the fourth key stage” if the child is a pupil in the fourth key stage for the purposes of Part 7 of the Education 2002 (see section 103 of that Act).

Commencement Information

I87S. 91 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

92Regulations about the placing of children with local authority foster parents and prospective adoptersE+W

(1)Regulations under section 87 may, for example, make provision—

(a)with regard to the well-being of children placed with local authority foster parents or prospective adopters;

(b)as to the arrangements to be made by local authorities in connection with the health and education of such children;

(c)as to the records to be kept by local authorities;

(d)for securing that where possible the local authority foster parent or prospective adopter with whom a child is to be placed—

(i)is of the same religious persuasion as the child, or

(ii)gives an undertaking that the child will be brought up in that religious persuasion;

(e)for securing that children placed with local authority foster parents or prospective adopters, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their well-being appears to require it.

(2)In this section “prospective adopter” means a person with whom a child is placed under section 81(11).

Commencement Information

I88S. 92 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

93Regulations providing for approval of local authority foster parentsE+W

(1)Regulations under section 87 may, for example, make provision—

(a)for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority [F22or other persons] as may be specified;

(b)establishing a procedure under which any person in respect of whom a qualifying determination has been made may apply to the Welsh Ministers for a review of that determination by a panel constituted by the Welsh Ministers.

(2)A determination is a qualifying determination if—

(a)it relates to the issue of whether a person should be approved, or should continue to be approved, as a local authority foster parent, and

(b)it is of a specified description.

(3)Regulations made under subsection (1)(b) may include provision as to—

(a)the duties and powers of a panel;

(b)the administration and procedures of a panel;

(c)the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for their appointment);

(d)the payment of fees to members of a panel;

(e)the duties of any person in connection with a review conducted under the regulations;

(f)the monitoring of any such reviews.

(4)Regulations made by virtue of subsection (3)(e) may impose a duty to pay to the Welsh Ministers such amount as the Welsh Ministers may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination.

(5)The Welsh Ministers must secure that, taking one financial year with another, the aggregate of the amounts which become payable to them under regulations made by virtue of subsection (4) does not exceed the cost to them of performing their independent review functions.

(6)The Welsh Ministers may make an arrangement with an organisation under which independent review functions are performed by the organisation on their behalf.

(7)If the Welsh Ministers make such an arrangement with an organisation, the organisation must perform their functions under the arrangement in accordance with any general or specific direction given by the Welsh Ministers.

(8)The arrangement may include provision for payments to be made to the organisation by the Welsh Ministers.

(9)Payments made by the Welsh Ministers in accordance with such provision are to be taken into account in determining (for the purpose of subsection (5)) the cost to the Welsh Ministers of performing their independent review functions.

(10)A direction under subsection (7)—

(a)must be in writing;

(b)may be varied or revoked by a later direction.

(11)In this section—

Textual Amendments

Commencement Information

I89S. 93 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

94Regulations about agency arrangementsE+W

Regulations under section 87 may, for example, make provision as to the circumstances in which a local authority may make arrangements for duties imposed on it by the regulations to be discharged on its behalf.

Commencement Information

I90S. 94 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[F23Regulation of local authority functions relating to looked after and accommodated childrenE+W

Textual Amendments

94ARegulation of the exercise of local authority functions relating to looked after and accommodated childrenE+W

(1)Regulations may make provision about the exercise by local authorities of functions conferred on them by—

(a)section 81 (ways in which looked after children are to be accommodated and maintained), or

(b)regulations made under section 87 (regulations about looked after children) making provision such as is mentioned in section 92(1), 93 or 94.

(2)Regulations under subsection (1) may, for example, include provision⁠—

(a)as to the persons who are fit to work for local authorities in connection with the exercise of those functions,

(b)as to the fitness of premises to be used by local authorities in exercising those functions,

(c)as to the management and control of the exercise of those functions,

(d)as to the number of persons, or persons of a particular type, working for local authorities in connection with the exercise of those functions,

(e)as to the management and training of such persons, and

(f)as to the fees or expenses which may be paid to persons assisting local authorities in making decisions in the exercise of those functions.

(3)Regulations under subsection (2)(a) may, in particular, make provision specifying that a person is not fit to work for a local authority in such position as may be specified if the person is not registered in, or in a particular part of, the register kept under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (registration of social care workers).

94BOffence of contravening regulations under section 94AE+W

(1)Regulations may provide that it is an offence for a person to contravene or fail to comply with a specified provision of regulations made under section 94A.

(2)A person guilty of an offence under regulations made under subsection (1) is liable—

(a)on summary conviction, to a fine, or to imprisonment for a term not exceeding 6 months, or to both;

(b)on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both.

(3)Sections 53 (offences by bodies corporate), 54 (offences by unincorporated bodies) and 55 (proceedings for offences) of the Regulation and Inspection of Social Care (Wales) Act 2016 apply to an offence under regulations made under subsection (1) as they apply to offences under Part 1 of that Act.]

Contact and visitsE+W

95Promotion and maintenance of contact between child and familyE+W

(1)Where a child is being looked after by a local authority, the authority must, unless it is not reasonably practicable or consistent with the child's well-being, promote contact between the child and—

(a)the child's parents,

(b)any person who is not a parent of the child but who has parental responsibility for the child, and

(c)any relative, friend or other person connected with the child.

(2)Where a child is being looked after by a local authority, the authority must take such steps as are reasonably practicable to secure that the following persons are kept informed of where the child is being accommodated—

(a)the child's parents;

(b)any person who is not a parent of the child but who has parental responsibility for the child.

(3)Every person mentioned in subsection (2)(a) or (b) must secure that the authority is kept informed of his or her address.

(4)Where a local authority (“the receiving authority”) takes over the provision of accommodation for a child [F24from a local authority or a local authority in England under section 76 (“the transferring authority”)]

(a)the receiving authority must (where reasonably practicable) inform—

(i)the child's parents, and

(ii)any person who is not a parent of the child but who has parental responsibility for the child,

(b)subsection (2) applies to the transferring authority, as well as to the receiving authority, until at least one of the persons mentioned in paragraph (a) or (b) of that subsection has been informed of the change, and

(c)subsection (3) does not require any person to inform the receiving authority of his or her address until that person has been informed under paragraph (a).

(5)Nothing in this section requires a local authority to inform a person of the whereabouts of a child, other than a child aged under 16 who is being accommodated under section 76, if the authority has reasonable cause to believe that informing the person would prejudice the child's well-being.

(6)Any person who fails, without reasonable excuse, to comply with subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I91S. 95 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

96Family visits to or by children: expensesE+W

(1)This paragraph applies where—

(a)a child is being looked after by a local authority, and

(b)the conditions mentioned in subsection (4) are satisfied.

(2)The authority may make payments in respect of travelling, subsistence or other expenses incurred by the following persons in visiting the child—

(a)a parent of the child,

(b)any person who is not a parent of the child but who has parental responsibility for the child, or

(c)any relative, friend or other person connected with the child.

(3)The authority may make payments to the child, or to any person on the child's behalf, in respect of travelling, subsistence or other expenses incurred by or on behalf of the child in visiting the persons mentioned in paragraphs (a) to (c) of subsection (2).

(4)The conditions are that—

(a)it appears to the authority that the visit in question could not otherwise be made without undue financial hardship, and

(b)the circumstances warrant the making of the payments.

Commencement Information

I92S. 96 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

97Duty of local authority to ensure visits to, and contact with, looked after children and other childrenE+W

(1)This section applies to—

(a)a child looked after by a local authority;

(b)a child who was looked after by a local authority but who has ceased to be looked after by the authority as a result of circumstances specified in regulations;

(c)a child who falls within a category specified in regulations.

(2)Regulations specifying a category for the purpose of subsection (1)(c) must also specify the local authority which must discharge the duties imposed by or under this section in relation to a child who falls within the specified category.

(3)The local authority must—

(a)ensure that a child to whom this section applies is visited by a representative of the authority (“a representative”);

(b)arrange for appropriate advice and other support to be available to a child to whom this section applies.

(4)The duties imposed by subsection (3)—

(a)are to be discharged in accordance with any regulations made for the purposes of this section;

(b)are subject to any requirement imposed by or under an enactment applicable to the place in which the child to whom this section applies is accommodated.

(5)Regulations under this section may, for the purposes of subsection (4)(a), make provision about—

(a)the frequency of visits;

(b)circumstances in which a child to whom this section applies must be visited by a representative;

(c)the functions of a representative.

(6)In choosing a representative, a local authority must satisfy itself that the person chosen has the necessary skills and experience to perform the functions of a representative.

Commencement Information

I93S. 97 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

98Independent visitors for looked after childrenE+W

(1)A local authority looking after a child must appoint an independent person to be the child's visitor if—

(a)the child falls within a category specified in regulations, or

(b)in any other case, it appears to the authority that it would be in the child's interests to do so.

(2)A person appointed under this section must visit, befriend and advise the child.

(3)A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person's functions under this section.

(4)A person's appointment as a visitor in pursuance of this section comes to an end if—

(a)the child ceases to be looked after by the local authority,

(b)the person resigns the appointment by giving notice in writing to the appointing authority, or

(c)the authority gives the person notice in writing that it has terminated the appointment.

(5)The ending of such an appointment does not affect any duty under this section to make a further appointment.

(6)Where a local authority proposes to appoint a visitor for a child under this section, the appointment must not be made if—

(a)the child objects to it, and

(b)the authority is satisfied that the child has sufficient understanding to make an informed objection.

(7)Where a visitor has been appointed for a child under this section, the local authority must terminate the appointment if—

(a)the child objects to its continuing, and

(b)the authority is satisfied that the child has sufficient understanding to make an informed objection.

(8)If the local authority gives effect to a child's objection under subsection (6) or (7) and the objection is to having anyone as the child's visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn.

(9)Regulations may provide for the circumstances in which a person is to be regarded for the purposes of this section as being independent of the appointing local authority.

Commencement Information

I94S. 98 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Review of casesE+W

99Appointment of independent reviewing officerE+W

(1)If a local authority is looking after a child, it must appoint an individual as the independent reviewing officer for that child's case.

(2)The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 102.

(3)If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable.

(4)An appointee must fall within a category of persons specified in regulations.

Commencement Information

I95S. 99 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

100Functions of the independent reviewing officerE+W

(1)The independent reviewing officer must—

(a)monitor the performance by the local authority of its functions in relation to the child's case;

(b)participate, in accordance with regulations, in any review of the child's case;

(c)ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;

(d)perform any other function specified in regulations.

(2)An independent reviewing officer's functions must be performed—

(a)in such manner as may be specified in regulations, and

(b)having regard to such guidance as that authority may issue in relation to the discharge of those functions.

(3)If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to a Welsh family proceedings officer.

(4)If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—

(a)to co-operate with that individual, and

(b)to take such reasonable steps as that individual may require to enable that individual's functions under this section to be performed satisfactorily.

Commencement Information

I96S. 100 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

101Referred casesE+W

(1)In relation to children whose cases are referred to Welsh family proceedings officers under section 100(3), the Lord Chancellor may by regulations—

(a)extend any functions of the Welsh family proceedings officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings;

(b)require any functions of the Welsh family proceedings officers to be performed in the manner specified by the regulations.

(2)The power to make regulations under this section is exercisable only with the consent of the Welsh Ministers.

Commencement Information

I97S. 101 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

102Review of cases and inquiries into representationsE+W

(1)Regulations may require the case of each child who is being looked after by a local authority to be reviewed in accordance with the provisions of the regulations.

(2)The regulations may, among other things, make provision—

(a)as to the manner in which each case is to be reviewed;

(b)as to the considerations to which the local authority is to have regard in reviewing each case;

(c)as to the time when each case is first to be reviewed and the frequency of subsequent reviews;

(d)requiring the authority, before conducting any review, to seek the views of—

(i)the child,

(ii)the child's parents,

(iii)any person who is not a parent of the child but who has parental responsibility for the child, and

(iv)any other person whose views the authority considers to be relevant,

including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review;

(e)requiring the authority, in the case of a child who is in its care—

(i)to keep the plan under section 31A of the Children Act 1989 (care orders: care plans) for the child under review and, if it is of the opinion that some change is required, to revise the plan or make a new plan accordingly, and

(ii)to consider whether an application should be made to discharge the care order;

(f)requiring the authority, in the case of a child in accommodation provided by or on behalf of the authority—

(i)if there is no plan for the future care of the child, to prepare one,

(ii)if there is such a plan for the child, to keep it under review and, if it is of the opinion that some change is required, to revise the plan or make a new plan accordingly, and

(iii)to consider whether the accommodation accords with the requirements of this Part;

(g)requiring the authority to inform the child, so far as is reasonably practicable, of any steps the child may take under this Act or the Children Act 1989;

(h)requiring the authority to make arrangements, including arrangements with other bodies which provide services and which it considers appropriate, to implement any decision which it proposes to make in the course, or as a result, of the review;

(i)requiring the authority to notify details of the result of the review and of any decision taken by it in consequence of the review to—

(i)the child,

(ii)the child's parents,

(iii)any person who is not a parent of the child but who has parental responsibility for the child, and

(iv)any other person whom it thinks ought to be notified;

(j)requiring the authority to monitor the arrangements which it has made with a view to ensuring that it complies with the regulations.

Commencement Information

I98S. 102 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Leaving care, accommodation and fosteringE+W

103Befriending, advising and assisting looked after childrenE+W

A local authority looking after a child must advise, assist and befriend the child with a view to promoting the child's well-being when it has ceased to look after the child.

Commencement Information

I99S. 103 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

104Young people entitled to support under sections 105 to 115E+W

(1)The categories of young person defined in subsection (2) are entitled to support in accordance with sections 105 to 115.

(2)In this Act—

(3)In the definition of “category 6 young person”, “looked after, accommodated or fostered” means—

(a)looked after by a local authority (without subsequently being looked after by a local authority in England),

(b)accommodated by or on behalf of a voluntary organisation,

(c)accommodated in a private children's home,

(d)accommodated for a consecutive period of at least three months—

(i)by or on behalf of a Local Health Board or Special Health Authority,

(ii)by or on behalf of a clinical commissioning group or the National Health Service Commissioning Board,

(iii)by or on behalf of a local authority in the exercise of education functions,

(iv)by or on behalf of a local authority in England in the exercise of education functions,

(v)in any care home or independent hospital, or

(vi)in any accommodation provided by or on behalf of an NHS Trust or by or on behalf of an NHS Foundation Trust, or

(e)privately fostered (within the meaning of section 66 of the Children Act 1989).

(4)Subsection (3)(d) applies even if the period of three months mentioned there began before the child reached the age of 16.

(5)In this Act “responsible local authority” means—

(a)in relation to a category 1 young person, the local authority which looks after the child;

(b)in relation to a category 2, category 3 or category 4 young person, the local authority which last looked after that person;

(c)in relation to category 5 young person, a local authority determined in accordance with regulations;

(d)in relation to a category 6 young person falling within that category by virtue of paragraph (a) of subsection (3), the local authority which last looked after that person;

(e)in relation to a category 6 young person falling within that category by virtue of any other paragraph of that subsection, the local authority within whose area the person is.

(6)Regulations may, for the purposes of any of the powers or duties under sections 105 to 115—

(a)specify additional categories of persons;

(b)specify categories of persons who are not to be treated as falling within a category of young person mentioned in subsection (1);

(c)make provision for determining which local authority is to be the responsible local authority for the purpose of a category specified under paragraph (a).

Commencement Information

I100S. 104 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

105Keeping in touchE+W

(1)The responsible local authority for a category 2 or category 3 young person must take reasonable steps to keep in touch with that person, whether the person is within its area or not.

(2)If the responsible local authority for a category 2 or category 3 young person has lost touch with that person it must—

(a)consider how to re-establish contact, and

(b)take reasonable steps to do so.

(3)In the case of a category 2 young person, the responsible local authority must discharge its duty under subsection (2) without delay and continue to take reasonable steps to re-establish contact until it succeeds.

(4)In the case of a category 3 young person, the duties under subsections (1) and (2) are subject to section 111.

(5)The responsible local authority for a category 6 young person falling within that category by virtue of section 104(3)(a) must take reasonable steps to contact the young person at such times as it thinks appropriate with a view to discharging its functions under section 115.

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I101S. 105 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

106Personal advisersE+W

(1)The responsible local authority for a person mentioned in subsection (2) must arrange for that person to have a personal adviser.

(2)The persons are—

(a)a category 1 young person;

(b)a category 2 young person;

(c)a category 3 young person;

(d)a category 4 young person.

(3)The duty under subsection (1)—

(a)in the case of a category 3 young person, is subject to section 111;

(b)in the case of a category 4 young person, is subject to section 113.

(4)Personal advisers appointed under or by virtue of this Part are to have such functions as may be specified in regulations.

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I102S. 106 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

107Pathway assessments and plans: generalE+W

(1)The responsible local authority for a category 1 young person must carry out an assessment of the young person's needs with a view to determining what advice and other support it would be appropriate for it to provide to the young person under this Part—

(a)while it is still looking after the young person, and

(b)after it ceases to look after the young person.

(2)The responsible local authority for a category 2 or category 3 young person who does not already have a pathway plan must carry out an assessment of the young person's needs with a view to determining what advice and other support it would be appropriate for it to provide to the young person under this Part.

(3)After conducting an assessment under subsection (1) or (2), the local authority must prepare a pathway plan and maintain it for as long as the young person falls within category 1, 2 or 3 (but see subsection (12)).

(4)The responsible local authority for a category 4 young person must carry out an assessment of the young person's needs with a view to determining what advice and other support (if any) it would be appropriate for it to provide to the young person under this Part.

(5)In conducting an assessment under subsection (4), the local authority may take into account any duty that it may have to make a payment to the young person under section 112(2).

(6)After conducting an assessment under subsection (4), the local authority must prepare a pathway plan.

(7)A pathway plan is a plan setting out—

(a)in the case of a plan for a category 1 young person—

(i)the advice and other support which the local authority intends to provide for the young person under this Part, both while it is looking after the young person and later, and

(ii)when it might cease to look after the young person;

(b)in the case of a plan for a category 2, category 3 or category 4 young person, the advice and other support which the local authority intends to provide for the young person under this Part;

(c)such other matters (if any) as may be specified in regulations.

(8)Regulations may make provision as to assessments for the purposes of this section.

(9)The regulations may, for example, make provision about—

(a)the persons who are to be consulted in relation to an assessment;

(b)the way in which an assessment is to be carried out, by whom and when;

(c)the recording of the results of an assessment;

(d)the considerations to which the local authority are to have regard in carrying out an assessment.

(10)The local authority must keep the pathway plan under regular review (but see subsections (12) and (13)).

(11)The local authority may carry out an assessment or review under this section at the same time as any other assessment or review of the young person's needs.

(12)In the case of a category 3 young person, the duties under subsections (3) and (10) are subject to section 111.

(13)In the case of a category 4 young person, the duty under subsection (10) is subject to section 113.

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I103S. 107 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

108Pathway assessments and plans: post-18 living arrangementsE+W

(1)The responsible local authority for a category 1 young person who has been placed with a local authority foster parent must comply with subsection (2) when—

(a)carrying out an assessment in relation to the young person under section 107(1),

(b)preparing and maintaining a pathway plan for the young person under section 107(3), or

(c)reviewing the young person's pathway plan under section 107(10).

(2)The responsible local authority must ascertain whether the young person and his or her local authority foster parent wish to make a post-18 living arrangement.

(3)A “post-18 living arrangement” is an arrangement under which—

(a)a category 3 young person—

(i)who is under the age of 21, and

(ii)who was being looked after by a local authority when he or she reached the age of 18 and, immediately before ceasing to be looked after, was a category 1 young person, and

(b)a person (a “former foster parent”) who was the young person's local authority foster parent immediately before he or she ceased to be looked after,

continue to live together after the young person has ceased to be looked after.

(4)Where the young person and his or her local authority foster parent wish to make a post-18 living arrangement, the responsible local authority must provide advice and other support in order to facilitate the arrangement.

(5)Subsection (4) does not apply if the responsible local authority considers that the making of a post-18 living arrangement between the young person and his or her local authority foster parent would not be consistent with the young person's well-being.

(6)Regulations may make provision about—

(a)the persons to whom information about post-18 living arrangements must be provided;

(b)the manner in which that information must be provided.

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I104S. 108 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

109Support for category 2 young peopleE+W

(1)The responsible local authority for a category 2 young person must safeguard and promote that person's well-being and, unless it is satisfied that the person's well-being does not require it, support the person by—

(a)maintaining the person,

(b)providing the person with, or maintaining the person in, suitable accommodation, and

(c)providing support of such other descriptions as may be specified in regulations.

(2)Support under subsection (1) may be in kind or in cash.

(3)Regulations may make provision about the meaning of “suitable accommodation” and in particular about the suitability of landlords or other providers of accommodation.

(4)Section 78(3) applies in relation to any decision by a local authority for the purposes of this section as it applies in relation to the decisions referred to in that section.

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I105S. 109 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

110Support for category 3 young peopleE+W

(1)The responsible local authority for a category 3 young person must support that young person by—

(a)contributing, to the extent that the young person's well-being requires it, to expenses incurred by the young person in living near the place where he or she is, or will be, employed or seeking employment;

(b)contributing, to the extent that the young person's well-being and educational or training needs require it, to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training;

(c)making a grant to the young person, to the extent that the young person's well-being and educational or training needs require it, to enable him or her to meet expenses connected with his or her education or training;

(d)doing anything else it considers appropriate, to the extent that the young person's well-being requires it.

(2)The responsible local authority for a category 3 young person who has a post-18 living arrangement must, in addition—

(a)monitor the arrangement, and

(b)if the authority considers that the arrangement is consistent with the young person's well-being, provide advice and other support to the young person and the former foster parent with a view to maintaining the arrangement.

(3)In subsection (2) “post-18 living arrangement” has the meaning given by section 108 and “former foster parent” has the same meaning as in that definition.

(4)The support given under subsection (1)(d) and (2)(b) may be in kind or in cash.

(5)Where support is provided to a former foster parent under subsection (2)(b), the support must include financial support.

(6)The responsible local authority for a category 3 young person who pursues higher education in accordance with his or her pathway plan must pay the relevant amount to that young person.

(7)The duty under subsection (6) is in addition to the responsible local authority's duty under subsection (1).

(8)Subsection (9) applies where the responsible local authority for a category 3 young person is satisfied that the young person—

(a)is in full-time further or higher education,

(b)is being given support under subsection (1)(b) or (c) or has received a payment under subsection (6), and

(c)needs accommodation during a vacation because term-time accommodation is not available.

(9)The responsible authority must—

(a)provide the young person with suitable accommodation during the vacation, or

(b)pay the young person enough to secure such accommodation.

(10)The duties under this section are subject to section 111.

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I106S. 110 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

111Cessation of duties in relation to category 3 young peopleE+W

(1)A responsible local authority's duties towards a category 3 young person cease when the young person reaches the age of 21, except in the circumstances set out in subsection (2).

(2)Where the category 3 young person's pathway plan sets out a programme of education or training which extends beyond the date on which he or she reaches the age of 21—

(a)the duties under section 110(1)(b) and (c), (6) and (9) continue until the young person ceases to pursue that programme, and

(b)the duties under sections 105, 106 and 107(3) and (10) continue concurrently with those duties and cease at the same time.

(3)For the purposes of subsection (2)(a), the responsible local authority must disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable.

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I107S. 111 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

112Support for category 4 young peopleE+W

(1)The responsible local authority for a category 4 young person must support that young person, to the extent that his or her educational or training needs require it, by—

(a)contributing to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training;

(b)making a grant to the young person to enable him or her to meet expenses connected with his or her education or training.

(2)The responsible local authority for a category 4 young person who pursues higher education in accordance with his or her pathway plan must pay the relevant amount to that young person.

(3)The duty under subsection (2) is in addition to the responsible local authority's duty under subsection (1).

(4)Where the responsible local authority for a category 4 young person is satisfied that the young person is in full-time further or higher education and needs accommodation during a vacation because term-time accommodation is not available, it must—

(a)provide the young person with suitable accommodation during the vacation, or

(b)pay the young person enough to secure such accommodation.

(5)The responsible local authority for a category 4 young person may take its duty under subsection (2) into account in assessing the young person's need under section 107(4) and in discharging its duties under subsections (1) and (4).

(6)The duties under this section are subject to section 113.

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I108S. 112 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

113Cessation of duties in relation to category 4 young peopleE+W

(1)A responsible local authority's duties towards a category 4 young person cease when the young person ceases to pursue a programme of education or training in accordance with his or her pathway plan.

(2)For the purposes of subsection (1), the responsible local authority may disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable.

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I109S. 113 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

114Support for category 5 young people and former category 5 young peopleE+W

(1)The responsible local authority for a category 5 young person must consider whether the conditions in subsection (2) are satisfied in relation to the young person.

(2)The conditions are that—

(a)the young person needs support of a kind which it can give under this section, and

(b)the local authority is satisfied that the person by whom the young person was being looked after does not have the necessary facilities for advising or befriending him or her.

(3)If the conditions are satisfied the local authority must advise and befriend the young person and may give that person support in the manner described in subsection (4).

(4)The support may be given—

(a)in kind;

(b)by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, employed or seeking employment;

(c)by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training;

(d)by making a grant to the young person to enable him or her to meet expenses connected with his or her education or training;

(e)by providing accommodation, if support may not be given in respect of the accommodation under paragraphs (b) to (d);

(f)in cash.

(5)A local authority may also give support in the manner described in paragraphs (c) and (d) of subsection (4) to a young person who—

(a)is under the age of 25, and

(b)would be a category 5 young person if he or she were under the age of 21.

(6)Where a local authority is giving support in the manner described in subsection (4)(c) or (d) it may disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable.

(7)Where a local authority is satisfied that a young person for whom it may provide support under subsection (4) or (5) is in full-time further or higher education and needs accommodation during a vacation because term-time accommodation is not available, it must—

(a)provide the person with suitable accommodation during the vacation, or

(b)pay the person enough to secure such accommodation.

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I110S. 114 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

115Support for category 6 young people and former category 6 young peopleE+W

(1)The responsible local authority for a category 6 young person must consider whether the conditions in subsection (2) are satisfied in relation to the young person.

(2)The conditions are that—

(a)the young person needs support of a kind which the local authority can give under this section, and

(b)where the young person is a category 6 young person by virtue of section 104(3)(b) to (e), the local authority is satisfied that the person by whom the young person was being looked after, accommodated or fostered (within the meaning of that subsection) does not have the necessary facilities for advising or befriending him or her.

(3)If the conditions are satisfied—

(a)the local authority must advise and befriend the young person, if that person is a category 6 young person by virtue of section 104(3)(a) or (b), and

(b)in any other case, the local authority may advise and befriend the young person.

(4)Where as a result of this section, a local authority is under a duty, or is empowered, to advise and befriend a young person, it may give that person support in the manner described in subsection (5).

(5)The support may be given—

(a)in kind;

(b)where the young person is a category 6 young person by virtue of section 104(3)(a)—

(i)by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, employed or seeking employment;

(ii)by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training;

(iii)by making a grant to the young person to enable him or her to meet expenses connected with his or her education or training;

(c)by providing accommodation, if support may not be given in respect of the accommodation under paragraph (b);

(d)in cash.

(6)A local authority may also give support in the manner described in subsection (5)(b)(ii) and (iii) to a young person who—

(a)is under the age of 25, and

(b)if he or she were under the age of 21, would be a category 6 young person by virtue of section 104(3)(a).

(7)Where a local authority is giving support in the manner described in subsection (5)(b)(ii) or (iii) it may disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable.

(8)Where a local authority is satisfied that a young person for whom it may provide support under subsection (4) or (6) is in full-time further or higher education and needs accommodation during a vacation because term-time accommodation is not available, it must—

(a)provide the person with suitable accommodation during the vacation, or

(b)pay the person enough to secure such accommodation.

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I111S. 115 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

116Supplementary provision about support for young persons in further or higher educationE+W

(1)Regulations may, for the purposes of sections 110(6) and 112(2)—

(a)specify the relevant amount;

(b)specify the meaning of “higher education”;

(c)make provision as to the payment of the relevant amount;

(d)make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by a local authority from a young person to whom a payment has been made under those provisions.

(2)Regulations may make provision for the meaning of “full-time” (“llawnamser”), “further education” (“addysg bellach”), “higher education” (“addysg uwch”) and “vacation” (“gwyliau”) for the purposes of sections 110(8), 112(4), 114(7) and 115(8).

Modifications etc. (not altering text)

C7Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

Commencement Information

I112S. 116 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

117Charging for provision under sections 109 to 115E+W

(1)A local authority may impose a charge for support (other than advice) under sections 109 to 115.

(2)A charge imposed under subsection (1)—

(a)may only cover the cost that the local authority incurs in meeting the needs to which the charge applies;

(b)may be imposed—

(i)on the young person who receives the support, if that person has reached the age of 18;

(ii)on a person with parental responsibility for the young person who receives the support, if the young person is under 18 years of age.

(3)A person is not liable to pay a charge under this section during any period when the person is in receipt of a benefit which falls within a category specified in regulations.

(4)In subsection (3) “benefit” includes any allowance, payment, credit or loan.

(5)The power to make regulations under section 61 or 62 applies to charges under this section in relation to support as it applies to charges under section 59 in relation to care and support.

(6)Regulations may apply any provision made in or under sections 63 to 68 or sections 70 to 73 to charging under this section with or without specified modifications.

Commencement Information

I113S. 117 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

118InformationE+W

(1)Where it appears to a local authority that a young person—

(a)with whom it is under a duty to keep in touch under section 105,

(b)whom it has been advising and befriending under section 114 or 115, or

(c)to whom it has been giving other support under section 114 or 115,

proposes to live, or is living, in the area of another local authority or a local authority in England, it must inform that other authority.

(2)Where a child who is accommodated in Wales—

(a)by a voluntary organisation or in a private children's home,

(b)by or on behalf of any Local Health Board or Special Health Authority,

(c)by or on behalf of a clinical commissioning group or the National Health Service Commissioning Board,

(d)by or on behalf of local authority in the exercise of education functions,

(e)by or on behalf of a local authority in England in the exercise of education functions,

(f)in any care home or independent hospital, or

(g)in any accommodation provided by or on behalf of an NHS Trust or by or on behalf of an NHS Foundation Trust,

ceases to be so accommodated after reaching the age of 16, the person by whom or on whose behalf the child was accommodated or who carries on or manages the home or hospital (as the case may be) must inform the local authority or local authority in England within whose area the child proposes to live.

(3)Subsection (2) only applies by virtue of paragraphs (b) to (g), if the accommodation has been provided for a consecutive period of at least three months.

(4)In a case where a child was accommodated by or on behalf of a local authority, or a local authority in England, in the exercise of education functions, subsection (2) applies only if the authority which accommodated the child is different from the authority within whose area the child proposes to live.

Commencement Information

I114S. 118 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Secure accommodationE+W

119Use of accommodation for restricting libertyE+W

(1)Subject to the following provisions of this section, a child who is being looked after by a local authority or a local authority in England may not be placed, and if placed, may not be kept, in accommodation in Wales provided for the purpose of restricting liberty (“secure accommodation”) unless it appears—

(a)that the child—

(i)has a history of absconding and is likely to abscond from any other description of accommodation, and

(ii)is likely to suffer significant harm if the child absconds, or

(b)that if the child is kept in any other description of accommodation, he or she is likely to injure himself or herself or other persons.

(2)The Welsh Ministers may by regulations—

(a)specify a maximum period—

(i)beyond which a child may not be kept in secure accommodation in Wales without the authority of the court, and

(ii)for which the court may authorise a child to be kept in secure accommodation in Wales;

(b)empower the court from time to time to authorise a child to be kept in secure accommodation in Wales for such further period as the regulations may specify;

(c)provide that applications to the court under this section be made only by a local authority [F25or a local authority in England].

(3)It is the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in the child's case.

(4)If a court determines that any such criteria are satisfied, it must make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which the child may be so kept.

(5)On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation.

(6)No court is to exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless, having been informed of his or her right to apply for [F26the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] and having had the opportunity to do so, the child refused or failed to apply.

(7)The Welsh Ministers may by regulations provide that—

(a)this section is or is not to apply to any description of children specified in the regulations;

(b)this section has effect in relation to children of a description specified in the regulations subject to modifications specified in the regulations;

(c)other provisions specified in the regulations are to have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in secure accommodation in Wales.

(8)The giving of an authorisation under this section does not prejudice any power of any court in England and Wales to give directions relating to the child to whom the authorisation relates.

(9)The giving of an authorisation under this section does not prejudice the effect of any direction given by a court in Scotland relating to a child to whom the authorisation relates, in so far as the direction has effect in the law of England and Wales.

(10)This section is subject to section 76(5).

[F27(11)An order made under this section in relation to a child, if it would otherwise still be in force, ceases to have effect when the child reaches the age of 18.]

Children accommodated in certain establishmentsE+W

120Assessment of children accommodated by health authorities and education authoritiesE+W

(1)Subsection (2) applies where a child is provided with accommodation in Wales by a Local Health Board, an NHS Trust or a local authority in the exercise of education functions (“the accommodating authority”)—

(a)for a consecutive period of at least 3 months, or

(b)with the intention, on the part of that authority, of accommodating the child for such a period.

(2)The accommodating authority must notify the appropriate officer of the responsible authority—

(a)that it is accommodating the child, and

(b)when it ceases to accommodate the child.

(3)In this section, “the responsible authority” means—

(a)the local authority or local authority in England appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated, or

(b)where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority or local authority in England, the local authority within whose area the accommodation is situated.

(4)In this section and in sections 121 and 122 “the appropriate officer” means—

(a)in relation to a local authority, its director of social services, and

(b)in relation to a local authority in England, its director of children's services.

(5)Where the appropriate officer of a local authority has been notified under this section [F28, or under section 85 of the Children Act 1989 (assessment of children accommodated by health authorities and education authorities)], the authority must—

(a)assess the child under section 21, and

(b)consider the extent to which (if at all) it should exercise any of its other functions under this Act, or any of its functions under the Children Act 1989, with respect to the child.

(6)The duty under subsection (5)(a) does not apply in relation to a child looked after by—

(a)a local authority,

(b)a local authority in England,

(c)a local authority in Scotland, or

(d)a Health and Social Care trust.

Textual Amendments

Commencement Information

I116S. 120 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

121Assessment of children accommodated in care homes or independent hospitalsE+W

(1)Subsection (2) applies where a child is provided with accommodation in Wales in any care home or independent hospital—

(a)for a consecutive period of at least three months, or

(b)with the intention, on the part of the person taking the decision to accommodate the child, of accommodating the child for such period.

(2)The person carrying on the establishment in question must notify the appropriate officer of the local authority within whose area the establishment is carried on—

(a)that it is accommodating the child, and

(b)when it ceases to accommodate the child.

(3)Where the appropriate officer of a local authority has been notified under this section, the authority must—

(a)assess the child under section 21, and

(b)consider the extent to which (if at all) it should exercise any of its other functions under this Act, or any of its functions under the Children Act 1989, with respect to the child.

(4)The duty under subsection (3)(a) does not apply in relation to a child looked after by—

(a)a local authority,

(b)a local authority in England,

(c)a local authority in Scotland, or

(d)a Health and Social Care trust.

(5)If a person carrying on a care home or independent hospital fails, without reasonable excuse, to comply with this section, the person is guilty of an offence.

(6)A person authorised by a local authority may enter a care home or independent hospital within the authority's area for the purpose of establishing whether the requirements of this section have been complied with.

(7)A person exercising the power of entry must, upon request, produce some duly authenticated document showing authority to do so.

(8)A person who intentionally obstructs a person exercising the power of entry is guilty of an offence.

(9)A person committing an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I117S. 121 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

122Visitors for children notified to a local authority F29...E+W

(1)This section applies if the appropriate officer of a local authority—

(a)has been notified with respect to a child under section 120(2)(a) or 121(2)(a), [F30or under section 85(1) of the Children Act 1989 (children accommodated by health authorities and local education authorities),] and

(b)has not been notified with respect to that child under section 120(2)(b) or section 121(2)(b) [F31, or under section 85(2) of the Children Act 1989].

(2)The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”).

(3)It is the duty of a representative to provide advice and assistance to the local authority on the performance of its duties under this Act in relation to the child.

(4)Regulations under this section may make provision about—

(a)the frequency of visits under visiting arrangements;

(b)circumstances in which visiting arrangements must require a child to be visited;

(c)additional functions of a representative.

(5)In choosing a representative a local authority must satisfy itself that the person chosen has the necessary skills and experience to perform the functions of a representative.

(6)In this section “visiting arrangements” means arrangements made under subsection (2).

123Services for children notified to a local authority F32...E+W

(1)A local authority must provide such services as it considers appropriate for children in respect of whom it receives notification under section 120 or 121 [F33, or under section 85 of the Children Act 1989 (children accommodated by health authorities and local education authorities)].

(2)The services provided under this section must be provided with a view to promoting contact between each child in respect of whom the local authority receives notification and the child's family.

(3)The services may include anything the authority may provide or arrange under Part 4.

(4)Nothing in this section affects the duty imposed by section 39.

Moving looked after children to live outside the jurisdictionE+W

124Arrangements to assist children to live outside England and WalesE+W

(1)A local authority may only arrange for, or assist in arranging for, a child in its care to live outside England and Wales with the approval of the court.

(2)A local authority may, with the approval of every person who has parental responsibility for the child arrange for, or assist in arranging for, any other child looked after by it to live outside England and Wales.

(3)The court must not give its approval under subsection (1) unless it is satisfied that—

(a)living outside England and Wales would be in the child's best interests,

(b)suitable arrangements have been, or will be, made for the child's reception and well-being in the country in which he or she will live,

(c)the child has consented to living in that country, and

(d)every person who has parental responsibility for the child has consented to the child living in that country.

(4)Where the court is satisfied that the child does not have sufficient understanding to give or withhold consent, it may disregard subsection (3)(c) and give its approval if the child is to live in the country concerned with a parent, guardian, special guardian, or other suitable person.

(5)Where a person whose consent is required by subsection (3)(d) fails to give consent, the court may dispense with that person's consent if it is satisfied that—

(a)the person cannot be found or lacks capacity to give consent, or

(b)the well-being of the child requires the consent to be dispensed with.

(6)Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom) does not apply in the case of a child who is to live outside England and Wales with the approval of the court given under this section.

(7)Where a court decides to give its approval under this section, it may order that its decision is not to have effect during the appeal period.

(8)In subsection (7) “the appeal period” means—

(a)where an appeal is made against the decision, the period between the making of the decision and the determination of the appeal, and

(b)otherwise, the period during which an appeal may be made against the decision.

(9)This section does not apply [F34

(a)to a local authority placing a child in secure accommodation in Scotland under section 25 of the Children Act 1989, or

(b)]to a local authority placing a child for adoption with prospective adopters.

Textual Amendments

F34Words in s. 124(9) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 13

Commencement Information

I120S. 124 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Death of a looked after childE+W

125Death of children being looked after by local authoritiesE+W

(1)If a child who is being looked after by a local authority dies, the authority—

(a)must notify the Welsh Ministers,

(b)must, so far as is reasonably practicable, notify the child's parents and every person who is not a parent of the child but who has parental responsibility for the child,

(c)may, with the consent (so far as it is reasonably practicable to obtain it) of every person who has parental responsibility for the child, arrange for the child's body to be buried or cremated, and

(d)may, if the conditions mentioned in subsection (2) are satisfied, make payments to any person who has parental responsibility for the child, or any relative, friend or other person connected with the child, in respect of travelling, subsistence or other expenses incurred by that person in attending the child's funeral.

(2)The conditions are that—

(a)it appears to the authority that the person concerned could not otherwise attend the child's funeral without undue financial hardship, and

(b)that the circumstances warrant the making of the payments.

(3)Subsection (1) does not authorise cremation where it does not accord with the practice of the child's religious persuasion.

(4)Where a local authority has exercised its power under subsection (1)(c) with respect to a child who was under 16 when the child died, it may recover from any parent of the child any expenses incurred by it.

(5)Any amounts so recoverable are, without prejudice to any other method of recovery, recoverable summarily as a civil debt.

(6)Nothing in this section affects any enactment regulating or authorising the burial, cremation or anatomical examination of the body of the deceased person.

Commencement Information

I121S. 125 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[F35Jurisdiction and procedureE+W

125A.Jurisdiction of courtsE+W

For the purposes of this Part “court” (“llys”) means the High Court or a family court.

125B.Rules of courtE+W

(1)An authority having power to make rules of court may make such provision for giving effect to—

(a)this Part, or

(b)the provisions of any statutory instrument made under this Part,

as it appears to that authority to be necessary or expedient.

(2)Section 93 of the Children Act 1989 (rules of court) applies to rules made in accordance with this section as it applies to rules made in accordance with that section.

The rules may, in particular, make provision—

(a)with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced);

(b)as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court;

(c)for children to be separately represented in relevant proceedings;

(d)with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings;

(e)with respect to preliminary hearings;

(f)enabling the court, in such circumstance as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings.

(3)In subsection (2)—

(4)This section and any other power in this Act to make rules of court are not to be taken as in any way limiting any other power of the authority in question to make rules of court.

(5)When making any rules under this section an authority will be subject to the same requirement as to consultation (if any) as apply when the authority make rules under its general rule making power.

125C.Privacy for children involved in proceedings under this PartE+W

Section 97 of the Children Act 1989 (privacy for children involved in certain proceedings) applies in relation to children involved in any proceedings under this Part as it applies in relation to children involved in any proceedings under that Act.

125D.

(1)A person must not publish to the public at large or any section of the public any material which is intended, or likely, to identify—

(a)any child which is being involved in any proceedings before the High Court or the family court in which any power under this Act may be exercised by the court with respect to any child; or

(b)an address or school as being that of a child involved in any such proceedings.

(2)In any proceedings for an offence under this section it is a defence for the accused to prove that he or she did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.

(3)The court or the Lord Chancellor may, if satisfied that the welfare of the child requires it and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees, by order dispense the requirements of subsection (1) to such extent as may be specified in the order.

(4)For the purposes of this section—

(5)Any person who contravenes this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his or her functions under subsection (3).]

PART 7E+WSAFEGUARDING

Adults at riskE+W

126Adults at riskE+W

(1)An “adult at risk”, for the purposes of this Part, is an adult who—

(a)is experiencing or is at risk of abuse or neglect,

(b)has needs for care and support (whether or not the authority is meeting any of those needs), and

(c)as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.

(2)If a local authority has reasonable cause to suspect that a person within its area (whether or not ordinarily resident there) is an adult at risk, it must—

(a)make (or cause to be made) whatever enquiries it thinks necessary to enable it to decide whether any action should be taken (whether under this Act or otherwise) and, if so, what and by whom, and

(b)decide whether any such action should be taken.

(3)Regulations made under section 54(5) (care and support plans) must include provision about recording in a care and support plan the conclusions of enquiries made under this section.

Commencement Information

I122S. 126 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

127Adult protection and support ordersE+W

(1)An authorised officer may apply to a justice of the peace for an order (“an adult protection and support order”) in relation to a person living in any premises within a local authority's area.

(2)The purposes of an adult protection and support order are—

(a)to enable the authorised officer and any other person accompanying the officer to speak in private with a person suspected of being an adult at risk,

(b)to enable the authorised officer to ascertain whether that person is making decisions freely, and

(c)to enable the authorised officer properly to assess whether the person is an adult at risk and to make a decision as required by section 126(2) on what, if any, action should be taken.

(3)When an adult protection and support order is in force the authorised officer, a constable and any other specified person accompanying the officer in accordance with the order, may enter the premises specified in the order for the purposes set out in subsection (2).

(4)The justice of the peace may make an adult protection and support order if satisfied that—

(a)the authorised officer has reasonable cause to suspect that a person is an adult at risk,

(b)it is necessary for the authorised officer to gain access to the person in order properly to assess whether the person is an adult at risk and to make a decision as required by section 126(2) on what, if any, action should be taken,

(c)making an order is necessary in order to fulfil the purposes set out in subsection (2), and

(d)exercising the power of entry conferred by the order will not result in the person being at greater risk of abuse or neglect.

(5)An adult protection and support order must—

(a)specify the premises to which it relates;

(b)provide that the authorised officer may be accompanied by a constable;

(c)specify the period for which the order is to be in force.

(6)Other conditions may be attached to an adult protection and support order, for example—

(a)specifying restrictions on the time at which the power of entry conferred by the order may be exercised;

(b)providing for the authorised officer to be accompanied by another specified person;

(c)requiring notice of the order to be given to the occupier of the premises and to the person suspected of being an adult at risk.

(7)A constable accompanying the authorised officer may use reasonable force if necessary in order to fulfil the purposes of an adult protection and support order set out in subsection (2).

(8)On entering the premises in accordance with an adult protection and support order the authorised officer must—

(a)state the object of the visit,

(b)produce evidence of the authorisation to enter the premises, and

(c)provide an explanation to the occupier of the premises of how to complain about how the power of entry has been exercised.

(9)In this section “an authorised officer” means a person authorised by a local authority for the purposes of this section, but regulations may set restrictions on the persons or categories of persons who may be authorised.

Commencement Information

I123S. 127 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

128Duty to report adults at riskE+W

(1)If a relevant partner of a local authority has reasonable cause to suspect that a person is an adult at risk and appears to be within the authority's area, it must inform the local authority of that fact.

(2)If the person that the relevant partner has reasonable cause to suspect is an adult at risk appears to be within the area of a local authority other than one of which it is a relevant partner, it must inform that other local authority.

(3)If a local authority has reasonable cause to suspect that a person within its area at any time is an adult at risk and is living or proposing to live in the area of another local authority (or a local authority in England), it must inform that other authority.

(4)For the purpose of this section a relevant partner of a local authority is a person who is a relevant partner of the authority for the purposes of section 162.

Commencement Information

I124S. 128 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

129Abolition of local authority's power to remove persons in need of care and attentionE+W

Section 47 of the National Assistance Act 1948 (which enables local authorities to apply for a court order to remove persons in need of care and attention from home to hospitals or other places) ceases to apply to persons in Wales.

Commencement Information

I125S. 129 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

Children at riskE+W

130Duty to report children at riskE+W

(1)If a relevant partner of a local authority has reasonable cause to suspect that a child is a child at risk and appears to be within the authority's area, it must inform the local authority of that fact.

(2)If the child that the relevant partner has reasonable cause to suspect is a child at risk appears to be within the area of a local authority other than one of which it is a relevant partner, it must inform that other local authority.

(3)If a local authority has reasonable cause to suspect that a child within its area at any time is a child at risk and is living or proposing to live within the area of another local authority (or a local authority in England), it must inform that other authority.

(4)In this section, “a child at risk” is a child who—

(a)is experiencing or is at risk of abuse, neglect or other kinds of harm, and

(b)has needs for care and support (whether or not the authority is meeting any of those needs).

(5)For the purposes of this section a relevant partner of a local authority is—

(a)a person who is a relevant partner of the local authority for the purposes of section 162;

(b)a youth offending team for an area any part of which falls within the area of the authority.

(6)For provision about a local authority's duty to investigate children at risk, see section 47 of the Children Act 1989.

Commencement Information

I126S. 130 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

GuidanceE+W

131Guidance about adults at risk and children at riskE+W

(1)The following must, in exercising their functions under sections 126 to 128 and 130, have regard to any guidance given to them for the purpose by the Welsh Ministers—

(a)a local authority;

(b)a person who is an authorised officer for the purposes of section 127;

(c)a constable or other specified person accompanying an authorised officer in accordance with an adult protection and support order made under section 127;

(d)a person who is a relevant partner for the purposes of section 128 or 130.

(2)The Welsh Ministers must consult the Secretary of State before giving guidance under subsection (1).

Commencement Information

I127S. 131 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

National Independent Safeguarding BoardE+W

132The National Independent Safeguarding BoardE+W

(1)There is to be a board called the National Independent Safeguarding Board (referred to in this Part as “the National Board”).

(2)The National Board's duties are—

(a)to provide support and advice to Safeguarding Boards with a view to ensuring that they are effective,

(b)to report on the adequacy and effectiveness of arrangements to safeguard children and adults in Wales, and

(c)to make recommendations to the Welsh Ministers as to how those arrangements could be improved.

(3)The National Board—

(a)must make an annual report to the Welsh Ministers,

(b)must make such other reports to the Welsh Ministers as they require, and

(c)may make such other reports as it thinks fit.

Commencement Information

I128S. 132 in force at 21.10.2015 by S.I. 2015/1744, art. 2(a)

133Regulations about the National BoardE+W

(1)Regulations may make further provision about the National Board.

(2)Regulations under this section may, for example, provide for—

(a)the constitution and membership of the National Board (including provision about terms of appointment, disqualification, resignation, suspension or removal of members);

(b)the remuneration and allowances to be paid to members;

(c)the proceedings of the National Board;

(d)the National Board to consult with those who may be affected by arrangements to safeguard adults and children in Wales;

(e)the form, content and timing of the National Board's reports;

(f)the publication of the National Board's reports.

(3)Regulations under this section may not provide for a Minister of the Crown to be a member of the National Board.

Commencement Information

I129S. 133 in force at 21.10.2015 by S.I. 2015/1744, art. 2(b)

Safeguarding Children Boards and Safeguarding Adults BoardsE+W

134Safeguarding Children Boards and Safeguarding Adults BoardsE+W

(1)Regulations must set out those areas in Wales for which there are to be Safeguarding Boards (“Safeguarding Board areas”).

(2)Each of the following is a Safeguarding Board partner in relation to a Safeguarding Board area—

(a)the local authority for an area, any part of which falls within the Safeguarding Board area;

(b)the chief officer of police for a police area, any part of which falls within the Safeguarding Board area;

(c)a Local Health Board for an area, any part of which falls within the Safeguarding Board area;

(d)an [F36NHS Trust] providing services in the Safeguarding Board area;

(e)the Secretary of State to the extent that the Secretary of State is discharging functions under sections 2 and 3 of the Offender Management Act 2007 in relation to Wales;

(f)any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a Safeguarding Board partner in relation to the Safeguarding Board area.

(3)After consulting the Safeguarding Board partners for an area, the Welsh Ministers must by regulations specify—

(a)a Safeguarding Board partner as the lead partner in relation to children for the area, and

(b)a Safeguarding Board partner as the lead partner in relation to adults for the area.

(4)The lead partner in relation to children must establish a Safeguarding Children Board for its Safeguarding Board area.

(5)The lead partner in relation to adults must establish a Safeguarding Adults Board for its Safeguarding Board area.

(6)A Safeguarding Board must include—

(a)a representative of each Safeguarding Board partner mentioned in subsection (2) in relation to the Safeguarding Board area, and

(b)a representative of any other person or body specified in regulations as a Safeguarding Board partner in relation to the Safeguarding Board area.

(7)Regulations under subsection (6)(b) may only specify a person or body as a Safeguarding Board partner if that person or body exercises functions under an enactment in relation to children in Wales or, as the case may be, adults in Wales.

(8)Regulations under subsection (6)(b) may not specify a Minister of the [F37Crown,] the governor of a prison or secure training centre (or, in the case of a contracted out prison or secure training centre, its director) [F38or the principal of a secure college] as a Safeguarding Board partner unless the Secretary of State consents.

(9)A Safeguarding Board may include representatives of such other persons or bodies, being persons or bodies mentioned in subsection (10), as the Board considers should be represented on it.

(10)Those persons or bodies are persons and bodies of any nature who or which exercise functions or are engaged in activities relating to children or adults (as the case may be) in the Safeguarding Board area in question.

(11)In this section—

(a)a reference to a prison includes a young offender institution;

(b)a reference to a contracted out secure training centre has the meaning given by section 15 of the Criminal Justice and Public Order Act 1994;

(c)a reference to a contracted out prison has the meaning given by section 84(4) of the Criminal Justice Act 1991.

135Functions and procedures of Safeguarding BoardsE+W

(1)The objectives of a Safeguarding Children Board are—

(a)to protect children within its area who are experiencing, or are at risk of, abuse, neglect or other kinds of harm, and

(b)to prevent children within its area from becoming at risk of abuse, neglect or other kinds of harm.

(2)The objectives of a Safeguarding Adults Board are—

(a)to protect adults within its area who—

(i)have needs for care and support (whether or not a local authority is meeting any of those needs), and

(ii)are experiencing, or are at risk of, abuse or neglect, and

(b)to prevent those adults within its area mentioned in paragraph (a)(i) from becoming at risk of abuse or neglect.

(3)A Safeguarding Board must seek to achieve its objectives by co-ordinating and ensuring the effectiveness of what is done by each person or body represented on the Board.

(4)Regulations must—

(a)provide for a Safeguarding Board to have functions relating to its objectives (including, for example, functions of review or investigation);

(b)make provision as to the procedures to be followed by a Safeguarding Board;

(c)specify when and how children or adults who are, or may be, affected by the exercise of a Safeguarding Board's functions must be given the opportunity to participate in the Board's work.

(5)A Safeguarding Board may cooperate with another one or more Safeguarding Boards.

(6)A Safeguarding Board may act jointly with another one or more Safeguarding Boards in relation to their combined areas and if they do so—

(a)references in this Part to a Safeguarding Board are to be read as references to the Boards acting jointly, and

(b)references in this Part to a Safeguarding Board area are to be read as references to the combined area.

(7)The Safeguarding Children Board and the Safeguarding Adults Board for an area may form a joint board for the area, and if they do so—

(a)the joint board is to have the objectives in both subsections (1) and (2), and

(b)references in this Part to a Safeguarding Board are to be read as references to the joint board.

Commencement Information

I131S. 135 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

136Safeguarding Boards: annual plans and reportsE+W

(1)Before the beginning of each financial year a Safeguarding Board must publish a plan (its “annual plan”) setting out its proposals for achieving its objectives in that year.

(2)No later than 31 July of each year, a Safeguarding Board must publish a report on—

(a)how it has exercised its functions in the preceding financial year, and

(b)the extent to which it implemented the proposals in its annual plan for the preceding financial year.

(3)Regulations may make further provision about the making of plans and reports under this section (including provision about their form and content and how they are to be published).

(4)In this section “financial year” means the twelve months ending with 31 March.

Commencement Information

I132S. 136 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

137Supply of information requested by Safeguarding BoardsE+W

(1)A Safeguarding Board may, for the purpose of enabling or assisting the Board to perform its functions, ask a qualifying person or body to supply specified information to which subsection (2) or (3) applies to—

(a)the Board, or

(b)a person or body specified by the Board.

(2)This subsection applies to information relating to—

(a)the qualifying person or body to whom or to which the request is made,

(b)a function or activity of that qualifying person or body, or

(c)a person in respect of whom a function is exercisable, or an activity is engaged in, by that qualifying person or body.

(3)This subsection applies to information which—

(a)has been supplied to the qualifying person or body in compliance with another request under this section, or

(b)is derived from information so supplied.

(4)The qualifying person or body to whom or to which a request is made under subsection (1) must comply with the request unless the person or body considers that doing so would—

(a)be incompatible with the duties of the person or body, or

(b)otherwise have an adverse effect on the exercise of the functions of the person or body.

(5)A qualifying person or body who decides not to comply with a request under subsection (1) must give the Safeguarding Board which made the request written reasons for the decision.

(6)Information supplied under this section may only be used by the Board or other person or body to whom or to which it is supplied for the purpose mentioned in subsection (1).

(7)In this section—

Commencement Information

I133S. 137 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

138Funding of Safeguarding BoardsE+W

(1)A Safeguarding Board partner may make payments towards expenditure incurred by, or for purposes connected with, the Safeguarding Board on which it is represented—

(a)by making the payments directly, or

(b)by contributing to a fund out of which the payments may be made.

(2)A Safeguarding Board partner may provide staff, goods, services, accommodation or other resources for purposes connected with the Safeguarding Board on which it is represented.

(3)Regulations may—

(a)require payments to be made by a Safeguarding Board partner towards expenditure incurred by, or for purposes connected with, the Safeguarding Board on which it is represented, and

(b)provide for how the amount of those payments is to be determined in respect of a specified period.

(4)The Welsh Ministers must consult the Secretary of State before making regulations under subsection (3) which require payments to be made by a Safeguarding Board partner mentioned in section 134(2)(b), (e) or (f).

Commencement Information

I134S. 138 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

139Safeguarding Boards: supplementaryE+W

(1)A Safeguarding Board must cooperate with the National Board, and must supply the National Board with any information it requests.

(2)Regulations may make provision as to the functions of Safeguarding Board partners relating to the Safeguarding Boards on which they are represented.

(3)A Safeguarding Board partner must, in exercising its functions relating to a Safeguarding Board, have regard to any guidance given by the Welsh Ministers.

(4)Each Safeguarding Board partner must take all reasonable steps to ensure that the Safeguarding Board on which it is represented operates effectively.

Commencement Information

I135S. 139 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

140Combined Safeguarding BoardsE+W

(1)The Welsh Ministers may by order provide that in each Safeguarding Board area, the Safeguarding Children Board and the Safeguarding Adults Board are to combine so as to form a single Safeguarding Board for the area (“a Safeguarding Children and Adult Board”).

(2)An order under this section may—

(a)amend any provision of this Part as a consequence of there being a single Safeguarding Children and Adult Board for each Safeguarding Board area, and

(b)make other consequential provision including amendments of any other enactment (whenever passed or made).

Commencement Information

I136S. 140 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

141Procedure for orders under section 140E+W

(1)Before making an order under section 140, the Welsh Ministers must consult—

(a)each Safeguarding Board partner for the Safeguarding Board area to which the proposed order relates,

(b)the Secretary of State, and

(c)such other persons as the Welsh Ministers consider appropriate,

on the proposed draft order.

(2)The Welsh Ministers must—

(a)allow those persons a period of at least 12 weeks to submit comments on the proposed draft order,

(b)consider any comments submitted within that period, and

(c)publish a summary of those comments.

(3)If, following that consultation, the Welsh Ministers wish to proceed with the making of an order under section 140, they must lay a draft order before the National Assembly for Wales.

(4)A draft order laid under subsection (3)—

(a)must be accompanied by a statement of the Welsh Ministers giving details of any differences between the draft order consulted on under subsection (1) and the draft order laid under subsection (3), and

(b)may not be approved by a resolution of the National Assembly for Wales in accordance with section 196(6) until after the expiry of the period of 60 days beginning with the day on which the draft order is laid.

Commencement Information

I137S. 141 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

142Interpretation of Part 7E+W

In this Part—

Commencement Information

I138S. 142 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

PART 8E+WSOCIAL SERVICES FUNCTIONS

Local authoritiesE+W

143Social services functions of local authoritiesE+W

(1)For the purposes of this Act, the social services functions of a local authority are its functions under the enactments mentioned in the first column of the table in Schedule 2 to this Act (being the functions which are described in general terms in the second column of that Schedule).

(2)The Welsh Ministers may by order—

(a)add entries to the table;

(b)remove entries from the table;

(c)amend entries in the table.

Commencement Information

I139S. 143 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

144Directors of social servicesE+W

(1)A local authority must appoint an officer, to be known as the director of social services, for the purposes of its social services functions.

(2)A local authority may not appoint a person to be its director of social services unless it is satisfied that the person has demonstrated competencies specified by the Welsh Ministers.

(3)The Welsh Ministers must specify the competencies for the purpose of subsection (2) in a code issued under section 145 or in regulations.

(4)Two or more local authorities may, if they consider that the same person can efficiently discharge, for both or all of them, the functions of a director of social services, appoint one person as director of social services for both or all of those authorities.

(5)A local authority which has appointed, or jointly appointed, a person under this section must secure the provision of adequate staff for the purposes of its social services functions in order to assist the director.

Commencement Information

I140S. 144 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[F39144AAnnual reportsE+W

(1)As soon as is reasonably practicable after the end of a financial year, a local authority must prepare and publish an annual report about the exercise of the social services functions of the authority in respect of that year.

(2)The annual report must include—

(a)details of how the authority has exercised its social services functions during the financial year, including details of the extent to which the authority has—

(i)acted in accordance with requirements imposed on local authorities by a code issued under section 9 (codes to help achieve outcomes in relation to well-being),

(ii)acted in accordance with any relevant requirements contained in a code issued under section 145 (codes about the exercise of social services functions), and

(iii)had regard to any relevant guidelines in a code issued under section 145, and

(b)such other information as may be prescribed by regulations.

(3)The details provided under subsection (2)(a)(ii) must state how the authority has satisfied any requirements contained in a code relating to assessing the needs of an individual in accordance with Part 3 and meeting needs under Part 4.

(4)An annual report must be in such form as may be prescribed by regulations.

(5)A local authority must send a copy of a published annual report to the Welsh Ministers.

(6)In this section, “financial year” means the period of one year beginning on 1 April and ending on 31 March.

Textual Amendments

F39Ss. 144A-144C inserted (4.9.2017 for the insertion of s. 144A, 29.4.2019 for the insertion of s. 144C) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 56(1), 188(1); S.I. 2017/846, art. 2(a); S.I. 2019/864, art. 2(3)(b)

144BLocal market stability reportsE+W

(1)A local authority must prepare and publish a local market stability report at such times as may be prescribed by regulations.

(2)A local market stability report must include—

(a)an assessment of—

(i)the sufficiency of provision of care and support in the local authority area during such period as may be prescribed by regulations;

(ii)the extent to which regulated services were provided in the local authority area during that prescribed period by service providers to whom section 61 of the Regulation and Inspection of Social Care (Wales) Act 2016 (assessment by the Welsh Ministers of financial sustainability of service provider) applies;

(iii)any other matter relating to the provision of regulated services in the local authority area as may be prescribed by regulations;

(iv)the effect on the exercise of the local authority's social services functions of the commissioning by the authority of any services in connection with those functions during such period as may be prescribed by regulations;

(b)a report of any action taken by the local authority during the period prescribed under paragraph (a)(i) in pursuance of its duty under section 189(2) (temporary duty to meet needs in the case of a provider failure).

(3)A local market stability report must be in such form as may be prescribed by regulations.

(4)In preparing a local market stability report, a local authority must—

(a)take account of—

(i)the assessment it has most recently published under section 14 (needs assessments), and

(ii)the plan it has most recently published under section 14A following the assessment, and

(b)consult with each Local Health Board with which it carried out the assessment.

(5)A local authority must send a copy of a published local market stability report to the Welsh Ministers.

(6)Before making regulations under subsection (2)(a)(iii) the Welsh Ministers must consult any persons they think appropriate.

(7)But the requirement to consult does not apply to regulations which—

(a)amend other regulations made under that subsection, and

(b)do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

(8)In this section—

(a)service provider” has the meaning given by section 3(1)(c) of the Regulation and Inspection of Social Care (Wales) Act 2016;

(b)regulated service” has the meaning given by section 2(1) of that Act.

Textual Amendments

F39Ss. 144A-144C inserted (4.9.2017 for the insertion of s. 144A, 29.4.2019 for the insertion of s. 144C) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 56(1), 188(1); S.I. 2017/846, art. 2(a); S.I. 2019/864, art. 2(3)(b)

General duty of the Welsh MinistersE+W

144CGeneral duty of the Welsh MinistersE+W

In exercising functions under this Part the Welsh Ministers must seek to promote and maintain high standards in the provision of local authority social services functions.]

CodesE+W

145Power to issue codesE+W

(1)The Welsh Ministers may issue, and from time to time revise, one or more codes on the exercise of social services functions (“a code”).

(2)A code may impose requirements, and may include guidelines setting out aims, objectives and other matters.

(3)A local authority must, when exercising social services functions—

(a)act in accordance with any relevant requirements contained in a code (subject to section 147), and

(b)have regard to any relevant guidelines contained in it.

(4)A code may specify that section 147 does not apply to a requirement contained in the code.

(5)The Welsh Ministers must—

(a)publish each code for the time being in force on their website, and

(b)make available to the public codes that have been replaced or revoked (whether on their website or otherwise).

Commencement Information

I141S. 145 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1,