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Social Services and Well-being (Wales) Act 2014

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This is the original version (as it was originally enacted).

6Other overarching duties: general

This section has no associated Explanatory Notes

(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.

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