Social Services and Well-being (Wales) Act 2014

Accommodation duties E+W

75 General duty of local authority to secure sufficient accommodation for looked after children E+W

(1) A local authority must take [F1 all reasonable steps to secure], that the local authority is able to provide the children mentioned in subsection (2) with accommodation that—

(a) is within [F2 , or is near to,] the authority's area, F3 ...

[F4 (aa) in the case of accommodation with a local authority foster parent, is accommodation with a foster parent who is authorised as such by a person described in section 81A(4)(a),

(ab) in the case of accommodation in a children’s home, is accommodation in a children’s home in respect of which a person described in section 81A(4)(b) is registered, 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 [F5 within, or is near to,] the authority's area.

(3) In discharging its duty under subsection (1), the local authority must have regard to the benefit of [F6 there being a range of accommodation that—

(a) is within, or is near to, the authority’s area, and

(b) is capable of meeting the differing needs of the children mentioned in subsection (2).]

(4) In this section [F7 and in section 75A, “children’s home” means a place in Wales‍ at which a children’s home service (within the meaning of section 2A(2) of the Regulation and Inspection of Social Care (Wales) Act 2016) is provided.]

Textual Amendments

F1 Words in s. 75(1) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(3)(a), 29(2); S.I. 2025/1257, art. 2(2)(a)

F2 Words in s. 75(1)(a) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(3)(b)(i), 29(2); S.I. 2025/1257, art. 2(2)(a)

F3 Word in s. 75(1)(a) omitted (1.4.2026) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(3)(b)(ii), 29(2); S.I. 2025/1257, art. 2(2)(a)

F4 S. 75(1)(aa)(ab) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(3)(c), 29(2); S.I. 2025/1257, art. 2(2)(a)

F5 Words in s. 75(2)(c) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(4), 29(2); S.I. 2025/1257, art. 2(2)(a)

F6 Words in s. 75(3) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(5), 29(2); S.I. 2025/1257, art. 2(2)(a)

F7 Words in s. 75(4) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(6), 29(2); S.I. 2025/1257, art. 2(2)(a)

Commencement Information

I1 S. 75 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[F8 75A Duty to secure accommodation: preparation and publication of annual sufficiency plan E+W

(1) Before the beginning of each financial year a local authority must prepare and publish a plan (an “annual sufficiency plan”) setting out the steps it will take in that year in pursuance of its duty under section 75(1).

(2) An annual sufficiency plan must—

(a) be in such form as may be prescribed by regulations, and

(b) be approved by the Welsh Ministers before publication (see sections 75B and 75C).

(3) An annual sufficiency plan must include, in relation to the financial year to which it relates—

(a) the number of children the local authority estimates—

(i) that it will be looking after, and

(ii) in respect of whom it will be unlikely to be able to make arrangements under section 81(2);

(b) an assessment of the amount of accommodation provided by local authority foster parents and children’s homes that will be available to the local authority for the purpose of placing children described in paragraph (a) in accordance with section 81A(2);

(c) an assessment of the extent to which that accommodation meets the requirements of paragraphs (a) to (b) of section 75(1);

(d) in relation to applications the local authority anticipates making for approval of supplementary placements in accordance with section 81B—

(i) an estimate of the number of applications anticipated,

(ii) the reasons why that number of applications is likely to be made,

(iii) information to be prescribed in regulations about for-profit providers who provide accommodation in Wales and who are likely to be named in those applications, and

(iv) information to be prescribed in regulations about private providers who provide accommodation in England and who are likely to be named in those applications;

(e) information about how steps to be taken by the local authority are intended to ensure that the authority has sufficient accommodation that meets the requirements of paragraphs (a) to (b) of section 75(1);

(f) such other information as may be prescribed by regulations.

(4) For the purposes of subsection 3(d)(iii) and section 81B, a “for-profit provider” means—

(a) in relation to accommodation provided by local authority foster parents, a service provider that does not fall within the descriptions given in section 81A(4)(a);

(b) in relation to accommodation provided by a children’s home, a service provider that does not fall within the descriptions given in section 81A(4)(b).

(5) For the purposes of subsection 3(d)(iv) and section 81B, a “private provider” means—

(a) in relation to accommodation provided by local authority foster parents, a person in England that is registered in respect of a fostering agency under Part 2 of the Care Standards Act 2000;

(b) in relation to accommodation provided by a children’s home, a person, other than a local authority, that is registered in respect of the children’s home under Part 2 of the Care Standards Act 2000.

(6) In this section and section 81A, “service provider” has the meaning given by section 3(1)(c) of the Regulation and Inspection of Social Care (Wales) Act 2016.]

Textual Amendments

F8 Ss. 75A-75C inserted (1.1.2026 for specified purposes) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 11, 29(2); S.I. 2025/1257, art. 2(1)(e)

[F8 75B Duty to secure accommodation: procedure for approval of sufficiency plan E+W

(1) Before publishing its annual sufficiency plan, a local authority must—

(a) prepare a draft of the plan, and

(b) submit the draft to the Welsh Ministers for their approval.

(2) The first draft plan must be submitted to the Welsh Ministers no later than 4 months before the beginning of the financial year to which it relates.

(3) Subsequent draft plans must be submitted to the Welsh Ministers no later than 2 months before the beginning of the financial year to which they relate.

(4) Where the Welsh Ministers approve a draft of an annual sufficiency plan they must notify the local authority of their decision.]

Textual Amendments

F8 Ss. 75A-75C inserted (1.1.2026 for specified purposes) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 11, 29(2); S.I. 2025/1257, art. 2(1)(e)

[F8 75C Duty to secure accommodation: procedure if draft plan not approved by Welsh Ministers E+W

(1) This section applies if the Welsh Ministers decide not to approve a draft of an annual sufficiency plan submitted to them by a local authority under section 75B.

(2) The Welsh Ministers must notify the local authority setting out—

(a) the reasons for the decision;

(b) the period before the end of which the local authority must submit a further draft of the plan to the Welsh Ministers.

(3) The local authority must submit a further draft of the plan together with a report explaining how, in preparing the draft, the local authority has taken account of the reasons set out in the notice given under subsection (2).

(4) Section 75B(4) applies where the Welsh Ministers approve a further draft submitted to them under this section as it applies where the Welsh Ministers approve a draft submitted to them under section 75B.

(5) Subsections (2) and (3) apply where the Welsh Ministers decide not to approve a further draft submitted to them under this section as they apply where the Welsh Ministers decide not to approve a draft submitted to them under section 75B.]

Textual Amendments

F8 Ss. 75A-75C inserted (1.1.2026 for specified purposes) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 11, 29(2); S.I. 2025/1257, art. 2(1)(e)

[F9 75D Duty to secure accommodation: reporting E+W

In relation to each financial year for which an annual sufficiency plan has been made under section 75A, an annual report prepared by a local authority under section 144A must set out—

(a) how steps taken by the local authority in that financial year have increased (or are expected to increase) the amount of accommodation available to the authority that meets the requirements of paragraphs (a) to (b) of section 75(1);

(b) the number of applications the local authority made in that financial year for approval to place children in a supplementary placement in accordance with section 81B;

(c) the reasons for any difference between the number of applications provided under paragraph (b) and the number of applications the local authority had estimated under section 75A(3)(d)(i) it would make during the year.]

Textual Amendments

F9 S. 75D inserted (1.4.2026 for specified purposes) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 12, 29(2); S.I. 2025/1257, art. 2(2)(b)

76 Accommodation for children without parents or who are lost or abandoned etc E+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.

[F10 (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—

[F11 (a) named in a child arrangements order (that is in force) as a person with whom the child is to live,]

(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.

Textual Amendments

F10 S. 76(2A) 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), 299

F11 S. 76(6)(a) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 21(2), 29(1)(a)(i)

Commencement Information

I2 S. 76 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

77 Accommodation for children in police protection or detention or on remand etc E+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 [F12 paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code] (breach etc of referral orders and reparation orders);

(ii) remanded to accommodation provided by or on behalf of a local authority by virtue of [F13 paragraph 25 of Schedule 7 to that Code] (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.

[F14 (3) In subsection (2)—

• “local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;

• “youth rehabilitation order” has the meaning given by section 173 of that Code;

• “youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.]

(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 [F15 or 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, [F16 NHS England] or [F17 an integrated care board].

(5) Any reasonable expenses of accommodating the child are recoverable from the local authority [F18 or local authority in England] in whose area the child is ordinarily resident.

Textual Amendments

F12 Words in s. 77(2)(c)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 303(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F13 Words in s. 77(2)(c)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 303(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F14 S. 77(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 303(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F15 Words in s. 77(4)(b)(i) 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), 300(a)

F16 Words in s. 77(4)(b)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 26(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F17 Words in s. 77(4)(b)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 220(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F18 Words in s. 77(5) 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), 300(b)

Commencement Information

I3 S. 77 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)