PART 6

LOOKED AFTER AND ACCOMMODATED CHILDREN

Accommodation duties

Duty to secure accommodation: preparation and publication of annual sufficiency plan
75A
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.
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)