The Care and Support (Population Assessments) (Wales) Regulations 2015

Welsh Statutory Instruments

2015 No. 1367 (W. 135)

Social Care, Wales

The Care and Support (Population Assessments) (Wales) Regulations 2015

Made

5 June 2015

Laid before the National Assembly for Wales

12 June 2015

Coming into force

6 April 2016

The Welsh Ministers, in exercise of the powers conferred by section 14(1) and (2) and 198(1) of the Social Services and Well-being (Wales) Act 2014 (1), make the following Regulations:

Title, commencement, application and interpretation E+W

1.—(1) The title of these Regulations is the Care and Support (Population Assessments) (Wales) Regulations 2015.

(2) These Regulations come into force on 6 April 2016 and apply in relation to Wales.

(3) In these Regulations—

“population assessment” (“asesiad poblogaeth”) means the assessment which is required to be carried out under section 14(1) of the Act;

“population assessment report” (“adroddiad asesiad poblogaeth”) has the meaning in regulation 5;

“preventative services” (“gwasanaethau ataliol”) means services the local authority considers would achieve any of the purposes in section 15(2) of the Act;

“the Act” (“y Ddeddf”) means the Social Services and Well-being (Wales) Act 2014;

“the responsible bodies” (“y cyrff cyfrifol”) means the bodies responsible for carrying out a population assessment.

Commencement Information

I1 Reg. 1 in force at 6.4.2016, see reg. 1(2)

Achievement of well-being outcomes E+W

2.  In carrying out a population assessment, the responsible bodies must have regard to the outcomes and measures specified in the statement issued by the Welsh Ministers under section 8 of the Act (duty to issue a statement of the outcomes to be achieved).

Commencement Information

I2 Reg. 2 in force at 6.4.2016, see reg. 1(2)

Citizen engagement E+W

3.—(1) In carrying out a population assessment, the responsible bodies must take reasonable steps to engage with—

(a) people in the local authority’s area who have or may have needs for care and support(2),

(b) people in the local authority’s area with parental responsibility for children who have or may have needs for care and support, and

(c) carers in the local authority’s area who have or may have needs for support.

(2) The responsible bodies must establish a procedure for the engagement required by paragraph (1).

Commencement Information

I3 Reg. 3 in force at 6.4.2016, see reg. 1(2)

[F1 Engagement with the private sector, third sector and public bodies] E+W

4.—(1) In carrying out a population assessment, the responsible bodies must engage with any private sector organisation [F2 , third sector organisation or public body which they believe] is concerned with or has an interest in the provision of care and support or preventative services(3) to the local population.

[F3 (2) For the purposes of this regulation—

“public body” (“corff cyhoeddus”) means a body (whether corporate or unincorporated) exercising public functions. For the purpose of this definition, a public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998;

“third sector organisation” (“sefydliad trydydd sector”) has the same meaning as in section 16(2) of the Act.]

Textual Amendments

F1 Reg. 4 heading substituted (1.4.2023) by The Care and Support (Population Assessments) (Wales) (Amendment) Regulations 2023 (S.I. 2023/292), regs. 1(2), 2(2)(a)

F2 Words in reg. 4(1) substituted (1.4.2023) by The Care and Support (Population Assessments) (Wales) (Amendment) Regulations 2023 (S.I. 2023/292), regs. 1(2), 2(2)(b)

F3 Reg. 4(2) substituted (1.4.2023) by The Care and Support (Population Assessments) (Wales) (Amendment) Regulations 2023 (S.I. 2023/292), regs. 1(2), 2(2)(c)

Commencement Information

I4 Reg. 4 in force at 6.4.2016, see reg. 1(2)

Population assessment report E+W

5.—(1) The responsible bodies must jointly produce a report of the outcome of the population assessment which has been carried out by them.

Commencement Information

I5 Reg. 5 in force at 6.4.2016, see reg. 1(2)

Publication of population assessment report E+W

6.—(1) The first population assessment report must be produced by 1 April 2017.

(2) Each local authority must publish on its website the population assessment report which has been produced for its area.

(3) Each Local Health Board must publish on its website the population assessment reports which have been produced for the areas of the local authorities which are within its area.

(4) Each local authority must submit to the Welsh Ministers a copy of the population assessment report which has been produced for its area.

Commencement Information

I6 Reg. 6 in force at 6.4.2016, see reg. 1(2)

Review of population assessment reports E+W

7.  The responsible bodies must jointly keep the population assessment report under review and may issue an addendum to the report whenever they consider it appropriate to do so.

Commencement Information

I7 Reg. 7 in force at 6.4.2016, see reg. 1(2)

Mark Drakeford

Minister for Health and Social Services, one of the Welsh Ministers

5 June 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 14(1) of the Social Services and Well-being (Wales) Act 2014 (“the Act”) requires local authorities and Local Health Boards (referred to in the Regulations as “responsible bodies”) to jointly assess the matters specified in section 14(1)(a) to (f) of the Act. These matters include the extent to which there are people in the local authority’s area who need care and support and the extent to which there are carers in the area who need support. These Regulations make provision for the carrying out of these assessments (referred to in the regulations as “population assessments”).

Regulation 2 requires the responsible bodies to have regard to the statement of well-being outcomes (issued under section 8 of the Act) when carrying out population assessments

Regulations 3 and 4 make provision for the persons and bodies with which the responsible bodies must engage when carrying out population assessments.

Regulation 5 requires the responsible bodies to jointly produce a report of the outcome of the population assessment (referred to in the regulations as a “population assessment report”).

Regulation 6 provides for the publication of population assessment reports and also requires population assessment reports to be submitted to the Welsh Ministers.

Regulation 7 provides for the review of population assessment reports.

(1)

2014 anaw 4.

(2)

See section 4 of the Act for the meaning of “care and support”

(3)

“preventative services” means services provided for any of the purposes described in section 15(2) of the Act.