Social Services and Well-being (Wales) Act 2014

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

(1) If a local authority requests the co-operation of a person mentioned in subsection (4) in the exercise of any of its social services functions, the person must comply with the request unless the person considers that doing so would—

(a) be incompatible with the person’s own duties, or

(b) otherwise have an adverse effect on the exercise of the person’s functions.

(2) If a local authority requests that a person mentioned in subsection (4) provides it with information it requires for the purpose of the exercise of any of its social services functions, the person must comply with the request unless the person considers that doing so would—

(a) be incompatible with the person’s own duties, or

(b) otherwise have an adverse effect on the exercise of the person’s functions.

(3) A person who decides not to comply with a request under subsection (1) or (2) must give the local authority which made the request written reasons for the decision.

(4) The persons are—

(a) a relevant partner of the local authority making the request;

(b) a local authority, a Local Health Board or an NHS trust which is not a relevant partner of the local authority making the request;

(c) a youth offending team for an area any part of which falls within the area of the local authority making the request.

(5) A local authority and each of those persons mentioned in subsection (4) must in exercising their functions under this section have regard to any guidance given to them for the purpose by the Welsh Ministers.

(6) The Welsh Ministers must consult the Secretary of State before giving guidance under subsection (5).

(7) 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.