(1)This Chapter makes provision to restrict the making of profit in the provision of care home services provided wholly or mainly to children (children’s home services), fostering services and secure accommodation services (referred to as “restricted children’s services”).
(2)It does this by amending Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (“the 2016 Act”) and Part 6 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (“the 2014 Act”).
(3)The amendments to the 2016 Act include—
(a)imposing a requirement on a provider of a restricted children’s service that is registered after the coming into force of the provisions to be incorporated as a “not-for-profit entity”;
(b)providing that unreasonable or disproportionate financial arrangements entered into by such an entity are evidence to which the Welsh Ministers must have regard when deciding if a provider is a fit and proper person;
(c)transitional provision for a provider of a restricted children’s service that is registered prior to the coming into force of these provisions (any such provider that remains registered but is not incorporated as a not-for-profit entity may remain registered subject to conditions imposed by regulations).
(4)The amendments to the 2014 Act impose corresponding requirements on a local authority in relation to accommodation provided by the authority to looked after children, including—
(a)amending an existing duty (in section 75 of the 2014 Act) on the authority to take steps to secure that there is sufficient accommodation within its area to meet the needs of looked after children so as to instead require the authority to take all reasonable steps to secure that there is sufficient accommodation provided by not-for-profit entities either within or near to its area to meet the needs of such children;
(b)a new duty on the local authority to submit a sufficiency plan to the Welsh Ministers setting out what steps it is taking to meet the requirement in section 75;
(c)amending an existing duty on the local authority to report to the Welsh Ministers annually (section 144A of the 2014 Act) to reflect both the duty to secure accommodation and the new sufficiency plan.
(5)The duty in the 2014 Act on a local authority to place a looked after child, who cannot live with a parent, in a children’s home or with foster parents is also amended so that where these circumstances arise, the local authority must place the child in accommodation provided by a not-for-profit entity unless that is inconsistent with the duties of the local authority under section 78 of that Act (duty to promote well-being of child) (in which case, the authority must apply for the Welsh Ministers to approve a placement in accommodation provided by a provider that does not meet the requirements imposed under the 2016 Act).
Commencement Information
I1S. 1 in force at 25.3.2025, see s. 29(1)(a)(i)
Prospective
In the 2016 Act—
(a)in section 1, after paragraph (b) insert—
“(ba)Chapter 2 also makes provision restricting the entities that may provide children’s home services, secure accommodation services and fostering services;”;
(b)after section 2 insert—
(1)For the purposes of this Part, the following regulated services are a “restricted children’s service”—
(a)a care home service in so far as the service is a children’s home service;
(b)a fostering service;
(c)a secure accommodation service.
(2)For the purposes of subsection (1), a “children’s home service” is a care home service provided at one or more places at which the service is provided wholly or mainly to children.
(3)Schedule 1 makes further provision about the meaning of a restricted children’s service.”
(c)in Schedule 1, after paragraph 1(3) insert—
“(3A)But a school that constitutes a care home service by virtue of sub-paragraph (3) does not constitute a children’s home service unless–
(a)it has provided more days of accommodation to looked after children than to children who are not looked after children for any period of 12 months falling within the previous 24 months, or
(b)it intends to provide more days of accommodation to looked after children than to children who are not looked after children for any period of 12 months falling within the following 24 months.
(3B)In sub-paragraph (3A), “looked after children means children who are looked after by local authorities as described in section 74(1) of the 2014 Act.”
Commencement Information
I2S. 2 not in force at Royal Assent, see s. 29(2)
(1)The 2016 Act is amended as follows.
(2)In section 6, after subsection (1) insert—
“(1A)In the case of a person, other than a local authority, who wants to provide a restricted children’s service, the application must also include such information as may be prescribed to satisfy the Welsh Ministers that the person meets the requirement in section 6A(1).”
(3)After section 6 insert—
(1)To be registered in respect of a restricted children’s service, a person who is not a local authority must be a not-for-profit entity.
(2)For the purposes of this Part, a “not-for-profit entity” is a person that meets conditions 1 and 2 in subsections (3) and (4).
(3)Condition 1 is that the person’s objects or purposes primarily relate to—
(a)the welfare of children, or
(b)such other public good as the Welsh Ministers may prescribe.
(4)Condition 2 is that the person is one of the following types of undertaking (as defined in section 6B)—
(a)a charitable company limited by guarantee without a share capital,
(b)a charitable incorporated organisation,
(c)a charitable registered society, or
(d)a community interest company limited by guarantee without a share capital.
(1)The following definitions apply for the purposes of section 6A(4).
(2)A “charitable company limited by guarantee without a share capital” is a company—
(a)that is registered under the Companies Act 2006 (c. 46) in Wales, England, Scotland or Northern Ireland,
(b)whose liability is limited by guarantee and that does not have a share capital, and
(c)that is a charity registered under one or more of—
(i)the Charities Act 2011 (c. 25);
(ii)the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);
(iii)the Charities Act (Northern Ireland) 2008 (c. 12).
(3)A “charitable incorporated organisation” is an organisation registered under—
(a)section 209, 232 or 238 of the Charities Act 2011 or regulations made under section 234 of that Act,
(b)section 55, 58 or 60 of the Charities and Trustee Investment (Scotland) Act 2005, or
(c)section 111, 114 or 117 of the Charities Act (Northern Ireland) 2008 or regulations made under section 115 of that Act.
(4)A “charitable registered society” is—
(a)a society that is—
(i)a “registered society” within the meaning of section 1(1) of the Co-operative and Community Benefit Societies Act 2014 (c. 14), and
(ii)a charity within the meaning of section 1(1) of the Charities Act 2011,
(b)a society that is—
(i)a “registered society” within the meaning of section 1(1) of the Co-operative and Community Benefit Societies Act 2014, and
(ii)a charity registered under the Charities and Trustee Investment (Scotland) Act 2005, or
(c)a society that is—
(i)a “registered society” within the meaning of section 1A(1) of the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969 (c. 24), and
(ii)a charity registered under the Charities Act (Northern Ireland) 2008.
(5)A “community interest company limited by guarantee without a share capital” is a company—
(a)that is registered under the Companies Act 2006 in Wales, England, Scotland or Northern Ireland,
(b)whose liability is limited by guarantee and that does not have a share capital, and
(c)that is a community interest company under Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27).
(6)In subsections (2) and (5)—
(a)references to a company’s liability being “limited by guarantee” have the meaning given by section 3(3) of the Companies Act 2006, and
(b)a company does not have a share capital if it does not have power under its constitution to issue shares.”
Commencement Information
I3S. 3 not in force at Royal Assent, see s. 29(2)
(1)The 2016 Act is amended as follows.
(2)After section 6B (as inserted by section 3) insert—
Schedule 1A makes provision for transitional arrangements in respect of service providers registered prior to the coming into force of section 6A(1).”
(3)After Schedule 1 insert—
(as introduced by section 6C)
1(1)In this Schedule, in relation to a restricted children’s service, references to the transitional period are to the period that—
(a)begins with the day on which the service becomes a restricted children’s service by virtue of section 6A(1) coming into force in relation to the service, and
(b)ends with the day appointed by the Welsh Ministers by regulations for the purposes of this paragraph.
(2)Regulations made under sub-paragraph (1)(b) may appoint different days for—
(a)different types of restricted children’s service;
(b)different descriptions of service provider (for example service providers that specialise in the provision of a particular type of restricted children’s service).
(3)But sub-paragraph (2) does not limit the application of section 187 in relation to regulations made under sub-paragraph (1)(b).
(4)Before making regulations under sub-paragraph (1)(b) the Welsh Ministers must consult any persons they think appropriate.
2(1)This paragraph applies to a service provider, other than a local authority, who is registered—
(a)in respect of a children’s home service, when the transitional period begins in respect of that service;
(b)in respect of a fostering service, when the transitional period begins in respect of that service;
(c)in respect of a secure accommodation service, when the transitional period begins in respect of that service.
(2)And this paragraph applies to such a service provider during the transitional period.
(3)In this Schedule, in relation to a provider, references to the existing service are to the service in respect of which the provider is registered as described in sub-paragraph (1).
(4)In so far as a service provider to which this paragraph applies is registered in respect of the existing service—
(a)the registration of the provider is not subject to the requirement in section 6A(1) (and any reference to that requirement is to be read accordingly), and
(b)(in consequence) the entry in the register in respect of the provider must show—
(i)that the provider’s registration in respect of the existing service is not subject to the requirement in section 6A(1), and
(ii)that the condition in section 7(3)(aa) is not imposed on the provider’s registration in respect of that service.
(5)But sub-paragraph (4) does not apply for the purposes of an application made by the service provider—
(a)in relation to the existing service, under section 11(1)(a)(ii);
(b)in respect of any other service, under section 11(1)(a)(i).
3(1)The Welsh Ministers may by regulations make provision imposing conditions on a service provider to which paragraph 2 applies.
(2)Conditions imposed by regulations under sub-paragraph (1) may include—
(a)restrictions on the type of restricted children’s service that the service provider may provide;
(b)restrictions on the description of looked after children in respect of whom the provider may provide the restricted children’s service, for example by reference to their care and support needs.
(3)Sub-paragraph (4) applies where—
(a)a service provider fails to comply with conditions imposed by regulations under sub-paragraph (1), or
(b)in the case of a service provider described in paragraph 2(1)(b), the provider fails to comply with regulations made under section 87 of the 2014 Act.
(4)Where this sub-paragraph applies, the Welsh Ministers may—
(a)exercise their functions under section 13 to vary the provider’s registration by removing the service or a place at which the existing service is provided, or
(b)exercise their functions under section 15 to cancel the provider’s registration in respect of the existing service.
(5)Before making regulations under sub-paragraph (1) the Welsh Ministers must consult any persons they think appropriate.
4(1)This paragraph applies in respect of a service provider that is registered in respect of an existing service.
(2)Despite paragraph 2(4), a service provider to which this paragraph applies may apply to the Welsh Ministers for the provider’s registration in respect of the existing service to be subject to the requirement in section 6A(1).
(3)But where a service provider to which this paragraph applies makes an application under section 11(1)(a)(i) or (ii) in respect of a restricted children’s service that is not the existing service, the provider must apply to the Welsh Ministers for the provider’s registration in respect of the existing service to be subject to the requirement in section 6A(1).
(4)An application under this paragraph must—
(a)include such information as may be prescribed to satisfy the Welsh Ministers that the person meets the requirement in section 6A(1), and
(b)be in the prescribed form.
(5)The Welsh Ministers must grant an application under this paragraph if satisfied that—
(a)the application—
(i)contains everything required under sub-paragraph (4)(a), and
(ii)meets the requirements prescribed under sub-paragraph (4)(b), and
(b)the provider meets the requirement in section 6A(1).
(6)In any other case the Welsh Ministers must refuse the application.
(7)Where the Welsh Ministers grant an application under sub-paragraph (5), the Welsh Ministers must, in so far as the provider is registered in respect of the existing service—
(a)impose the condition in section 7(3)(aa) on the provider’s registration;
(b)show in the register that—
(i)the provider’s registration in respect of the existing service is subject to the requirement in section 6A(1), and
(ii)the condition in section 7(3)(aa) is imposed on the provider’s registration in respect of that service.
(8)Where a variation under this paragraph takes effect, paragraphs 2(4) and 3 do not apply to the service provider.
(9)A variation under this paragraph takes effect only if the requirements of section 18 to 20 are met (so far as applicable).
5In this Schedule—
(a)“looked after children” means children who are looked after by local authorities as described in section 74(1) of the 2014 Act;
(b)references to the “register are to the register maintained under section 38 of this Act.”
(4)In section 45, after “section 27 or 37(2)(a)” insert “or under paragraph 3(1) of Schedule 1A”.
Commencement Information
I4S. 4 not in force at Royal Assent, see s. 29(2)
(1)The 2016 Act is amended as follows.
(2)In section 7(1), after paragraph (a) insert—
“(aa)in the case of an application in respect of a restricted children’s service, the applicant meets the requirement in section 6A(1);”.
(3)In section 7(3)—
(a)at the end of paragraph (a) omit “and”;
(b)after paragraph (a) insert—
“(aa)must, in the case of an application in respect of a restricted children’s service, be subject to a condition that the service provider notify the Welsh Ministers of any circumstances under which the provider no longer meets the requirement in section 6A(1), and”.
Commencement Information
I5S. 5 not in force at Royal Assent, see s. 29(2)
(1)The 2016 Act is amended as follows.
(2)In section 9(7), after paragraph (d) insert—
“(e)where the person is a service provider that—
(i)is registered in respect of a restricted children’s service, and
(ii)is subject to the requirement in section 6A(1),
whether it appears to the Welsh Ministers that the provider has entered into a financial arrangement that falls within section 9A.”
(3)After section 9 insert—
(1)For the purposes of the fit and proper person test in section 9, a financial arrangement falls within this section if it is an arrangement with or for the benefit of a relevant person that—
(a)is unreasonable or disproportionate in all of the circumstances, and
(b)(in consequence) may undermine the service provider’s pursuit of its objects or purposes (as to which, see section 6A(3)).
(2)When determining whether such a financial arrangement has been entered into, regard must be had to—
(a)the size or value of the arrangement and its purpose (including the extent to which it relates to the provision of the restricted children’s service);
(b)the size or value of the arrangement relative to the amount of income the service provider receives from providing the restricted children’s service;
(c)the proportion of the service provider’s total income that comes from providing the restricted children’s service;
(d)the well-being of children who receive care and support (in the provision of the restricted children’s service).
(3)For the purposes of section 9(7)(e) and this section—
(a)“entering into a financial arrangement” includes but is not limited to making a payment or awarding any benefit (direct or indirect) that has monetary value (and references to a financial arrangement are to be read as including a series of arrangements);
(b)“relevant person” means any of the following—
(i)an employee, worker or officer of the service provider;
(ii)a person connected to an employee, worker or officer of the service provider;
(iii)where the service provider is part of a group of persons under common ownership or common control, any person within that group.
(1)In section 9A(3)(b)—
(a)“employee” and “worker” have the meanings given by section 230 of the Employment Rights Act 1996 (c. 18);
(b)an “officer” means—
(i)any director, manager, secretary or other similar officer of the service provider (and, in relation to a service provider whose affairs are managed by its members, “director” means a member of the service provider);
(ii)any other person having the general control and management of the service provider,
and, where the service provider is a charity, this includes any charity trustee within the meaning of the Charities Acts.
(2)For the purposes of section 9A(3)(b), the following are connected to an employee, worker or officer of the service provider—
(a)their child, parent, grandchild, grandparent, brother or sister;
(b)their spouse or civil partner;
(c)a person carrying on business in partnership with them or with any person falling within paragraph (a) or (b);
(d)an institution which is controlled—
(i)by them or by any person falling within paragraph (a), (b) or (c), or
(ii)by two or more persons falling within sub-paragraph (i), when taken together;
(e)a body corporate in which—
(i)the person or any connected person falling within any of paragraphs (a) to (c) has a substantial interest, or
(ii)two or more persons falling within sub-paragraph (i), when taken together, have a substantial interest.
(3)In subsection (2)—
(a)“child” includes a stepchild;
(b)where two people are not married to, or civil partners of, each other but live together as if they were a married couple or civil partners, each of them is to be treated as the spouse or civil partner of the other;
(c)“institution” has the meaning given by section 9(3) of the Charities Act 2011 and a person controls an institution if the person is able, directly or indirectly, to secure that the affairs of the institution are conducted in accordance with the person’s wishes;
(d)references to having a “substantial interest in a body corporate” have the meaning given by section 352 of the Charities Act 2011.
(4)For the purposes of section 9A(3)(b)(iii), a group of persons is to be treated as being under common control if the group—
(a)is a group of interconnected bodies corporate,
(b)consists of bodies corporate of which one and the same person or group of persons has control, or
(c)consists of one or more bodies corporate and a person who, or a group of persons which, has control of that or those bodies corporate.
(5)In subsection (4), a “group of interconnected bodies corporate” means a group consisting of two or more bodies corporate all of which are interconnected with each other.
(6)For the purposes of subsection (5), any two bodies corporate are interconnected if—
(a)one of them is a body corporate of which the other is a subsidiary, or
(b)both of them are subsidiaries of one and the same body corporate (and “interconnected bodies corporate” is to be construed accordingly).
(7)For the purposes of subsection (4)(b) and (c), a person or group of persons controls a body corporate if the person or group of persons is able, directly or indirectly, to secure that the affairs of the body corporate are conducted in accordance with the wishes of the person or group of persons.
(8)In this section—
“the Charities Acts” (“y Deddfau Elusennau”) means the Charities Act 2011 (c. 25), the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) and the Charities Act (Northern Ireland) 2008 (c. 12);
“person” (“person”) includes a body corporate, a partnership and an unincorporated association;
“subsidiary” (“is-gorff) has the meaning given by section 1159 of the Companies Act 2006 (c. 46).”
Commencement Information
I6S. 6 not in force at Royal Assent, see s. 29(2)
In the 2016 Act, in section 10—
(a)in subsection (2)(a), after paragraph (viii) insert—
“(viiia)such information about evidence relevant to the fit and proper person test as may be prescribed;”;
(b)after subsection (2) insert—
“(2A)In the case of a service provider, other than a local authority, that provides a restricted children’s service, a return must also contain such information as may be prescribed to satisfy the Welsh Ministers that the provider meets the requirement in section 6A(1).
(2B)But subsection (2A) does not apply in respect of a provider to which section 6A does not apply by virtue of paragraph 2(4) of Schedule 1A.”;
(c)in subsection (6)—
(i)in paragraph (b), at the end omit “or”;
(ii)after paragraph (b) insert—
“(ba)the first regulations made under subsection (2)(a)(viiia),”;
(iii)in paragraph (c), at the end insert “or”;
(iv)after paragraph (c) insert—
“(d)the first regulations made under subsection (2A),”.
Commencement Information
I7S. 7 not in force at Royal Assent, see s. 29(2)
(1)The 2016 Act is amended as follows.
(2)In section 11, after subsection (3) insert—
“(4)In the case of an application under subsection (1)(a)(i) to provide a restricted children’s service, the application must also contain such information as may be prescribed to satisfy the Welsh Ministers that the service provider meets the requirement in section 6A(1)”.
(3)In section 12—
(a)in subsection (1), for “subsection (2)” substitute “subsections (1A) and (2)”;
(b)after subsection (1) insert—
“(1A)In the case of an application under section 11(1)(a)(i) to provide a restricted children’s service, the Welsh Ministers may only grant an application if they are satisfied that the service provider meets the requirement in section 6A(1).”
(4)In section 13, in subsection (3)—
(a)at the end of paragraph (a) omit “or”
(b)at the end of paragraph (b) insert “, or”;
(c)after paragraph (b) insert—
“(c)where the service is a restricted children’s service, the service provider does not meet the requirement in section 6A(1).”
(5)In section 13, after subsection (3) insert—
“(3A)See also paragraph 3(4)(a) of Schedule 1A, in respect of variation of a service provider’s registration to remove a restricted children’s service during the transitional period defined in that Schedule.”
(6)In section 15—
(a)in subsection (1), after paragraph (f) insert— “;
(g)each of the services that the service provider is registered in respect of is a restricted children’s service and the service provider does not meet the requirement in section 6A(1)”;
(b)after subsection (1) insert—
“(1A)See also paragraph 3(4)(b) of Schedule 1A, in respect of cancellation of the registration of a service provider in respect of a restricted children’s service during the transitional period defined in that Schedule.”
Commencement Information
I8S. 8 not in force at Royal Assent, see s. 29(2)
In the 2016 Act, in section 38—
(a)in subsection (2)—
(i)after paragraph (a) insert—
“(aa)whether any of those services is a restricted children’s service;”;
(ii)after paragraph (d) insert—
“(da)in the case of a provider of a restricted children’s service—
(i)that the provider’s registration in respect of that service is subject to the requirement in section 6A(1), and
(ii)that the condition in section 7(3)(aa) is imposed on the provider’s registration in respect of that service;”;
(b)after subsection (2) insert—
“(2A)See also Schedule 1A, in respect of the registration of a provider of a restricted children’s service that is not subject to the requirement in section 6A(1) during the transitional period defined in that Schedule.”
Commencement Information
I9S. 9 not in force at Royal Assent, see s. 29(2)
Prospective
(1)The 2014 Act is amended as follows.
(2)Section 75 is amended as is set out in subsections (3) to (6).
(3)In subsection (1)—
(a)for “steps that secure, so far as reasonably practicable,” substitute “all reasonable steps to secure”;
(b)in paragraph (a)—
(i)after “within” insert “, or is near to,”;
(ii)at the end, omit “and”;
(c)after paragraph (a) insert—
“(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”.
(4)In subsection (2), in paragraph (c), for “in” substitute “within, or is near to,”.
(5)In subsection (3), for the words from “having” to the end substitute “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).”
(6)In subsection (4), for the words from “accommodation providers” to the end substitute “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.”.
(7)In section 197(1), in the definition of “children’s home”, in paragraph (b), at the beginning insert “except in sections 75 and 75A,”.
Commencement Information
I10S. 10 not in force at Royal Assent, see s. 29(2)
In the 2014 Act, after section 75 insert—
(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.
(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.
(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.”
Commencement Information
I11S. 11 not in force at Royal Assent, see s. 29(2)
In the 2014 Act, after section 75C (as inserted by section 11) insert—
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.”
Commencement Information
I12S. 12 not in force at Royal Assent, see s. 29(2)
(1)The 2014 Act is amended as follows.
(2)In section 81—
(a)in subsection (2), for “subsections (4) and (11)” substitute “subsection (4) and section 81C(1) and (2)”;
(b)in subsection (5), for the words from “place” to the end substitute “make arrangements for C in accordance with section 81A(2), but this is subject to section 81C(1) and (2)”;
(c)omit subsections (6) to (13).
(3)After section 81 insert—
(1)This section applies where a local authority is required, by virtue of section 81(5), to place a child whom it is looking after (“C”) in accommodation.
(2)Where this section applies, subject to subsection (4) the local authority must place C in the placement that is, in its opinion, the most appropriate placement available.
(3)In subsection (2), “placement” means—
(a)placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent,
(b)placement with a local authority foster parent who does not fall within paragraph (a),
(c)placement in a children’s home, or
(d)subject to section 82, placement in accordance with other arrangements that comply with any regulations made for the purposes of this section.
(4)Unless it would not be consistent with the local authority’s duties under section 78, having regard to the matters referred to in subsection (5)(a), the authority must ensure that—
(a)if it places C in a placement falling within paragraph (b) of subsection (3), the placement is with a local authority foster parent who is authorised as such by—
(i)the local authority,
(ii)a different local authority, or
(iii)a service provider that is registered subject to the requirement in section 6A(1) of the Regulation and Inspection of Social Care (Wales) Act 2016;
(b)if it places C in a placement falling within paragraph (c) of subsection (3), the placement is in a children’s home in respect of which one of the following persons is registered—
(i)the local authority,
(ii)a different local authority, or
(iii)a service provider that is registered subject to the requirement in section 6A(1) of the Regulation and Inspection of Social Care (Wales) Act 2016.
(5)In determining the most appropriate placement for C under subsection (2), the local authority must, subject to the other provisions of this Part, in particular to its duties under section 78—
(a)have regard to whether—
(i)C would be provided with accommodation within the authority’s area or would otherwise be allowed to live near C’s home;
(ii)C’s education or training would be disrupted;
(iii)if C has a sibling for whom the local authority is also providing accommodation, C and the sibling would be able to live together;
(iv)if C is disabled, the accommodation provided is suitable to C’s particular needs;
(v)if C is already accommodated in a placement in accordance with subsection (2), C would be disrupted by moving to another placement;
(b)give preference to a placement falling within paragraph (a) of subsection (3) over placements falling within the other paragraphs of that subsection.
(6)In subsection (4)(a) and (b), the reference to a different local authority includes a local authority in England.
(7)A code issued by the Welsh Ministers in accordance with section 145 must include provision on the exercise of a local authority’s functions under this section.
(1)This section applies where—
(a)a local authority is required to place a child whom it is looking after (“C”) in the most appropriate placement available in accordance with section 81A(2),
(b)in the opinion of the local authority, the most appropriate placement available is a placement falling within paragraph (b) or (c) of section 81A(3), and
(c)the local authority is unable to comply with the relevant requirement in section 81A(4) in respect of that placement.
(2)The local authority must apply to the Welsh Ministers for approval of the placement.
(3)An application under subsection (2) must include—
(a)the name of the for-profit provider or private provider (as applicable),
(b)the terms of the placement (including terms as to payment),
(c)a statement setting out the reasons why the authority considers that it would be acting inconsistently with its duty under section 78 were it not to place C with the for-profit provider or private provider,
(d)information about how any requirements relating to the exercise of the local authority’s functions under section 81A in the code issued by the Welsh Ministers in accordance with section 145 have been complied with, and
(e)such other information as the Welsh Ministers may prescribe in regulations.
(4)The Welsh Ministers must approve the placement if they are satisfied—
(a)that the application made under subsection (2) meets the requirements of subsection (3),
(b)in the case of a placement falling within paragraph (b) of section 81A(3), that there is no alternative placement—
(i)that is as appropriate, and
(ii)that meets the condition in section 81A(4)(a),
(c)in the case of a placement falling within paragraph (c) of section 81A(3), that there is no alternative placement—
(i)that is as appropriate, and
(ii)that meets the condition in section 81A(4)(b), and
(d)the placement is reasonable in all the circumstances.
(5)But if they decide they are not satisfied in accordance with subsection (4), the Welsh Ministers must—
(a)notify the local authority,
(b)give the authority written reasons for that decision, and
(c)direct the local authority to reconsider, taking those reasons and any other information specified in the direction into account in doing so.
(6)If the local authority continues to be of the opinion, after reconsidering in accordance with the direction, that the placement is the most appropriate placement for C, it must make a further application to the Welsh Ministers for approval of the placement.
(7)Subsections (3) to (6) apply to a further application for approval as they apply to a first application for approval, except that a further application for approval must include a statement from the local authority setting out—
(a)how the authority took the Welsh Ministers’ reasons for not being satisfied in accordance with subsection (4) into account when reconsidering the most appropriate placement for C, and
(b)the reasons why the authority continues to be of the opinion that the placement is the most appropriate placement for C.
(8)A placement approved by the Welsh Ministers under this section is referred to as a “supplementary placement”.
(1)Subsection (2) applies where—
(a)a local authority is looking after a child (“C”),
(b)the local authority is satisfied that C ought to be placed for adoption and proposes to place C for adoption with a particular prospective adopter (“A”),
(c)an adoption agency has determined that A is suitable to adopt a child, and
(d)the local authority is not authorised to place C for adoption.
(2)The local authority must place C with A, unless in its opinion it would be more appropriate—
(a)to make arrangements for C to live with a person falling within section 81(3), or
(b)to place C in a placement of a description mentioned in section 81A(3).
(3)For the purposes of subsection (1)—
(a)“adoption agency” has the meaning given by section 2 of the Adoption and Children Act 2002;
(b)a local authority is authorised to place C for adoption only if it has been authorised to do so under—
(i)section 19 of that Act (placing children with parental consent), or
(ii)a placement order made under section 21 of that Act.
(1)Subsection (2) applies where a local authority is looking after a child (“C”).
(2)The local authority may determine—
(a)the terms of any arrangements it makes under section 81(2) in relation to a child (including terms as to payment), and
(b)the terms on which it places C with a local authority foster parent under section 81A(2) or with a prospective adopter under section 81C(2) (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).”
Commencement Information
I13S. 13 not in force at Royal Assent, see s. 29(2)