Search Legislation

Social Services and Well-being (Wales) Act 2014

Status:

This is the original version (as it was originally enacted).

21Duty to assess the needs of a child for care and support

This section has no associated Explanatory Notes

(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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources