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Social Services and Well-being (Wales) Act 2014

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Social Services and Well-being (Wales) Act 2014. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Commentary on Sections

    1. Section 2 - Meaning of “well-being”

    2. Section 3 – Meaning of “adult”, ”child”, ”carer” and ”disabled”

    3. Section 4 – Meaning of “care and support”

    4. Section 5 - Well-being duty

    5. Section 6 - Other overarching duties: general

    6. Section 7 - Other overarching duties: UN Principles and Convention

    7. Section 8 – Duty to issue a statement of the outcomes to be achieved

    8. Section 9 – Power to issue a code to help achieve the outcomes

    9. Section 10 – Local authorities and the code

    10. Section 12 – Power to help local authorities to comply with the code’s requirements

    11. Section 14 - Assessment of needs for care and support, support for carers and preventative services

    12. Section 15 – Preventative services

    13. Section 16 – Promoting social enterprises, co-operatives, user led services and the third sector

    14. Section 17 – Provision of information, advice and assistance

    15. Section 18 – Registers of sight-impaired, hearing-impaired and other disabled people

    16. Section 19 – Duty to assess the needs of an adult for care and support

    17. Section 20 – Refusal of a needs assessment for an adult

    18. Section 21 – Duty to assess the needs of a child for care and support

    19. Section 22 – Refusal of a needs assessment for a child aged 16 or 17

    20. Section 23 – Refusal of a needs assessment for a child aged under 16

    21. Section 24 – Duty to assess the needs of a carer for support

    22. Section 25 – Refusal of a needs assessment for an adult carer

    23. Section 26 – Refusal of a needs assessment for a carer aged 16 or 17

    24. Section 27 – Refusal of a needs assessment for a carer aged under 16

    25. Section 28 – Combining needs assessments for a carer and a cared for person

    26. Section 29 – Combining needs assessments and other assessments

    27. Section 30 – Regulations about assessment

    28. Section 31 – Part 3: interpretation

    29. Section 32 – Determination of eligibility and consideration of what to do to meet needs

    30. Section 33 – Procedures for regulations under section 32

    31. Section 34 – How to meet needs

    32. Section 35 – Duty to meet care and support needs of an adult

    33. Section 36 – Power to meet care and support needs of adult

    34. Section 37 – Duty to meet care and support needs of a child

    35. Section 38 – Power to meet care and support needs of a child

    36. Section 39 – Duty to maintain family contact

    37. Sections 40 and 41 – Duty to meet support needs of an adult carer

    38. Sections 42 and 43 – Duty to meet support needs of a child carer

    39. Section 44 – Supplementary provision about the duties to meet carer’s needs

    40. Section 45 – Power to meet support needs of a carer

    41. Section 46– Exception for persons subject to immigration control

    42. Section 47– Exception for provision of health services

    43. Section 48 – Exception for provision of housing etc

    44. Section 49 - Restrictions on provision of payments

    45. Section 50 - Direct payments to meet an adult’s needs

    46. Section 51 - Direct payments to meet a child’s needs

    47. Section 52 – Direct payments to meet a carer’s needs

    48. Section 53– Direct payments: further provision

    49. Section 54 – Care and support plans and support plans

    50. Section 55 – Regulations about care and support plans and support plans

    51. Section 56 – Portability of care and support

    52. Section 57 – Cases where a person expresses preference for particular accommodation

    53. Section 58 – Protecting property of persons being cared for away from home

    54. Section 59 – Power to impose charges

    55. Section 60 – Persons upon whom charges may be imposed

    56. Section 61 - Regulations about the exercise of a power to impose a charge

    57. Section 62 – Regulations disapplying a power to impose a charge

    58. Section 63 – Duty to carry out a financial assessment

    59. Section 64 – Regulations about financial assessments

    60. Section 65 – Regulations disapplying the duty to carry out a financial assessment

    61. Section 66– Determination as to a person’s ability to pay a charge

    62. Section 67 – Duty to give effect of determination as to ability to pay a charge

    63. Section 68 – Deferred payment agreements

    64. Section 69 – Charging for preventative services and assistance

    65. Section 70 – Recovery of charges, interest etc

    66. Section 71 – Creation of a charge over an interest in land

    67. Section 72 – Transfer of assets to avoid charges

    68. Section 73 – Reviews relating to charging

    69. Part 6 - Looked after and Accommodated Children

      1. Section 74 - Child or young person looked after by a local authority

      2. Section 75 - General duty of local authority to secure sufficient accommodation for looked after children

      3. Section 76 - Accommodation for children without parents or who are lost or abandoned etc

      4. Section 77 - Accommodation for children in police protection or detention or on remand etc

      5. Section 78 - Principal duty of a local authority in relation to looked after children

      6. Section 81 - Ways in which looked after children are to be accommodated and maintained

      7. Section 83 - Care and support plans

      8. Section 85 - Contributions towards maintenance of looked after children

      9. Section 86 - Children’s homes provided, equipped and maintained by the Welsh Ministers

      10. Section 87 - Regulations about looked after children

      11. Section 88 - Regulations about conditions under which a child in care is allowed to live with a parent etc

      12. Section 89 - Regulations about placements of a kind mentioned in section 81(6)(d)

      13. Section 90 - Regulations about placements out of area

      14. Section 91 - Regulations about the avoidance of disruption in education

      15. Section 92 - Regulations about the placing of children with local authority foster parents and prospective adopters

      16. Section 93 - Regulations providing for approval of local authority foster parents

      17. Section 94 - Regulations about agency arrangements

      18. Section 95 - Promotion and maintenance of contact between child and family

      19. Section 96 - Family visits to or by children: expenses

      20. Section 97 - Duty of local authority to ensure visits to, and contact with, looked after children and other children

      21. Section 98 - Independent visitors for looked after children

      22. Section 99 - Appointment of independent reviewing officer

      23. Section 100 - Functions of the independent reviewing officer

      24. Section 101 - Referred cases

      25. Section 102 - Review of cases and inquiries into representations

      26. Section 103 - Befriending, advising and assisting looked after children

      27. Section 104 - Young people entitled to support under sections 105 to 115

      28. Section 105 - Keeping in touch

      29. Section 106 - Personal advisers

      30. Section 107 - Pathway assessments and plans: general

      31. Section 108 - Pathway assessments and plans: post-18 living arrangements

      32. Section 109 - Support for category 2 young people

      33. Section 110 - Support for category 3 young people

      34. Section 111 - Cessation of duties in relation to category 3 young people

      35. Section 112 - Support for category 4 young people

      36. Section 113 - Cessation of duties in relation to category 4 young people

      37. Section 114 - Support for category 5 young people and former category 5 young people

      38. Section 115 - Support for category 6 young people and former category 6 young people

      39. Section 116 - Supplementary provision about support for young persons in further or higher education

      40. Section 117 - Charging for provision under sections 109 to 115

      41. Section 118 - Information

      42. Section 119 - Use of accommodation for restricting liberty

      43. Section 120 - Assessment of children accommodated by health authorities and education authorities

      44. Section 121 - Assessment of children accommodated in care homes or independent hospitals

      45. Section 122 - Visitors for children notified to local authority under section 120 or 121

      46. Section 123 - Services for children notified to a local authority under section 120 or 121

      47. Section 124 - Arrangements to assist children to live outside England and Wales

      48. Section 125 - Death of children being looked after by local authorities

    70. Section 126 – Adults at risk

    71. Section 127 – Adult protection and support orders

    72. Section 128 - Duty to report adults at risk

    73. Section 129 - Abolition of local authority’s power to remove persons in need of care and attention

    74. Section 130 – Duty to report children at risk

    75. Section 131 – Guidance about adults at risk and children at risk

    76. Section 132 – The National Independent Safeguarding Board

    77. Section 133 – Regulations about the National Board

    78. Section 134 - Safeguarding Children Boards and Safeguarding Adults Boards

    79. Section 135 – Functions and procedures of Safeguarding Boards

    80. Section 136 – Safeguarding Boards: annual plans and reports

    81. Section 137 – Supply of information requested by Safeguarding Boards

    82. Section 138 – Funding of Safeguarding Boards

    83. Section 139 – Safeguarding Boards: supplementary

    84. Section 140 – Combined Safeguarding Boards

    85. Section 142 – Interpretation of Part 7

    86. Section 143 – Social services functions of local authorities

    87. Section 144 – Directors of social services

    88. Section 145 – Power to issue codes

    89. Section 146 – Issue, approval and revocation of codes

    90. Section 147 – Departure from requirements in codes

    91. Section 148 – Policy statements: requirements and ancillary powers

    92. Section 149 – Directions to require compliance with codes of practice

    93. Section 150 – Grounds for intervention

    94. Section 151 – Warning notice

    95. Section 152 – Power of Welsh Ministers to intervene

    96. Section 153 – Power to require a local authority to obtain advisory services

    97. Section 154 – Power to require performance of functions by other persons on behalf of authority

    98. Section 155 – Power to require performance of functions by Welsh Ministers or nominee

    99. Section 156 – Power to direct exercise of other social services functions

    100. Section 157 – General power to give directions and take steps

    101. Section 158 – Intervention: duty to report

    102. Section 159 – Directions

    103. Section 160 – Duty to co-operate

    104. Section 161 – Powers of entry and inspection

    105. Section 162 – Arrangements to promote co-operation: adults with needs for care and support and carers

    106. Section 163 – Arrangements to promote co-operation: children

    107. Section 164 – Duty to co-operate and provide information in the exercise of social services functions

    108. Section 165 – Promoting integration of care and support with health services etc

    109. Section 166 – Partnership arrangements

    110. Section 167 – Resources for partnership arrangements

    111. Section 168 – Partnership boards

    112. Section 169 – Guidance about partnership arrangements

    113. Section 170 – Adoption service: joint arrangements

    114. Section 171 – Complaints about social services

    115. Section 172 – Complaints about social services: supplementary

    116. Section 173 – Assistance for complainants

    117. Section 174 – Representations relating to certain children etc

    118. Section 175 – Representations relating to certain children etc: further provision

    119. Section 176 – Representations relating to former looked after children etc

    120. Section 177 – Further consideration of representations

    121. Section 178 – Assistance for persons making representations

    122. Section 179 – Investigation of complaints about privately arranged or funded social care and palliative care

    123. Section 180 – Independent advocacy services for complaints about privately arranged or funded palliative care

    124. Section 181 – Provision of advocacy services

    125. Section 182 - Provision of advocacy services: restrictions

    126. Section 183 – Publicising advocacy services in care homes

    127. Section 184 – Research and provision of information

    128. Section 185 - Adults in prison, youth detention accommodation or bail accommodation etc

    129. Section 186 - Children in youth detention accommodation, prison or bail accommodation etc

    130. Section 187 - Persons in prison, youth detention accommodation or bail accommodation

    131. Section 188 – Interpretation of sections 185 to 187

    132. Section 189 – Provider failure: temporary duty on local authority

    133. Section 190 – Provider failure: exception to temporary duty

    134. Section 191 – Provider failure: supplementary

    135. Section 192 – Amendment of the National Assistance Act 1948

    136. Section 193 – Recovery of costs between local authorities

    137. Section 194 – Ordinary residence

    138. Section 195 – Disputes about ordinary residence and portability of care and support

    139. Section 196 – Orders and regulations

    140. Section 197 – General interpretation and index of defined expressions

    141. Section 198 – Power to make consequential and transitional provision etc

    142. Schedule 1 – Contributions towards maintenance of looked after children

    143. Schedule 2 – Social services functions

    144. Schedule 3 – Investigation of complaints about privately arranged or funded social care and palliative care

  3. Record of Proceedings in National Assembly for Wales

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

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