Social Services and Well-being (Wales) Act 2014

127 Adult protection and support orders E+W

(1) An authorised officer may apply to a justice of the peace for an order (“an adult protection and support order”) in relation to a person living in any premises within a local authority's area.

(2) The purposes of an adult protection and support order are—

(a) to enable the authorised officer and any other person accompanying the officer to speak in private with a person suspected of being an adult at risk,

(b) to enable the authorised officer to ascertain whether that person is making decisions freely, and

(c) to enable the authorised officer properly to assess whether the person is an adult at risk and to make a decision as required by section 126(2) on what, if any, action should be taken.

(3) When an adult protection and support order is in force the authorised officer, a constable and any other specified person accompanying the officer in accordance with the order, may enter the premises specified in the order for the purposes set out in subsection (2).

(4) The justice of the peace may make an adult protection and support order if satisfied that—

(a) the authorised officer has reasonable cause to suspect that a person is an adult at risk,

(b) it is necessary for the authorised officer to gain access to the person in order properly to assess whether the person is an adult at risk and to make a decision as required by section 126(2) on what, if any, action should be taken,

(c) making an order is necessary in order to fulfil the purposes set out in subsection (2), and

(d) exercising the power of entry conferred by the order will not result in the person being at greater risk of abuse or neglect.

(5) An adult protection and support order must—

(a) specify the premises to which it relates;

(b) provide that the authorised officer may be accompanied by a constable;

(c) specify the period for which the order is to be in force.

(6) Other conditions may be attached to an adult protection and support order, for example—

(a) specifying restrictions on the time at which the power of entry conferred by the order may be exercised;

(b) providing for the authorised officer to be accompanied by another specified person;

(c) requiring notice of the order to be given to the occupier of the premises and to the person suspected of being an adult at risk.

(7) A constable accompanying the authorised officer may use reasonable force if necessary in order to fulfil the purposes of an adult protection and support order set out in subsection (2).

(8) On entering the premises in accordance with an adult protection and support order the authorised officer must—

(a) state the object of the visit,

(b) produce evidence of the authorisation to enter the premises, and

(c) provide an explanation to the occupier of the premises of how to complain about how the power of entry has been exercised.

(9) In this section “an authorised officer” means a person authorised by a local authority for the purposes of this section, but regulations may set restrictions on the persons or categories of persons who may be authorised.

Commencement Information

I1 S. 127 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)