Health and Social Care (Wales) Act 2025

Prospective

13 Ways in which looked after children are to be accommodated E+W

(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—

“81A Ways in which looked after children are to be accommodated and maintained: placements

(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.

81B Ways in which looked after children are to be accommodated and maintained: application for approval of a supplementary placement

(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”.

81C Ways in which looked after children are to be accommodated and maintained: prospective adopters

(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.

81D Ways in which looked after children are to be accommodated and maintained: power to determine terms of accommodation arrangements

(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

I1 S. 13 not in force at Royal Assent, see s. 29(2)