Social Services and Well-being (Wales) Act 2014 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. Commentary on Sections

    1. Section 2 - Meaning of “well-being”

    2. Section 3 – Meaning of “adult”, ”child”, ”carer” and ”disabled”

    3. Section 4 – Meaning of “care and support”

    4. Section 5 - Well-being duty

    5. Section 6 - Other overarching duties: general

    6. Section 7 - Other overarching duties: UN Principles and Convention

    7. Section 8 – Duty to issue a statement of the outcomes to be achieved

    8. Section 9 – Power to issue a code to help achieve the outcomes

    9. Section 10 – Local authorities and the code

    10. Section 12 – Power to help local authorities to comply with the code’s requirements

    11. Section 14 - Assessment of needs for care and support, support for carers and preventative services

    12. Section 15 – Preventative services

    13. Section 16 – Promoting social enterprises, co-operatives, user led services and the third sector

    14. Section 17 – Provision of information, advice and assistance

    15. Section 18 – Registers of sight-impaired, hearing-impaired and other disabled people

    16. Section 19 – Duty to assess the needs of an adult for care and support

    17. Section 20 – Refusal of a needs assessment for an adult

    18. Section 21 – Duty to assess the needs of a child for care and support

    19. Section 22 – Refusal of a needs assessment for a child aged 16 or 17

    20. Section 23 – Refusal of a needs assessment for a child aged under 16

    21. Section 24 – Duty to assess the needs of a carer for support

    22. Section 25 – Refusal of a needs assessment for an adult carer

    23. Section 26 – Refusal of a needs assessment for a carer aged 16 or 17

    24. Section 27 – Refusal of a needs assessment for a carer aged under 16

    25. Section 28 – Combining needs assessments for a carer and a cared for person

    26. Section 29 – Combining needs assessments and other assessments

    27. Section 30 – Regulations about assessment

    28. Section 31 – Part 3: interpretation

    29. Section 32 – Determination of eligibility and consideration of what to do to meet needs

    30. Section 33 – Procedures for regulations under section 32

    31. Section 34 – How to meet needs

    32. Section 35 – Duty to meet care and support needs of an adult

    33. Section 36 – Power to meet care and support needs of adult

    34. Section 37 – Duty to meet care and support needs of a child

    35. Section 38 – Power to meet care and support needs of a child

    36. Section 39 – Duty to maintain family contact

    37. Sections 40 and 41 – Duty to meet support needs of an adult carer

    38. Sections 42 and 43 – Duty to meet support needs of a child carer

    39. Section 44 – Supplementary provision about the duties to meet carer’s needs

    40. Section 45 – Power to meet support needs of a carer

    41. Section 46– Exception for persons subject to immigration control

    42. Section 47– Exception for provision of health services

    43. Section 48 – Exception for provision of housing etc

    44. Section 49 - Restrictions on provision of payments

    45. Section 50 - Direct payments to meet an adult’s needs

    46. Section 51 - Direct payments to meet a child’s needs

    47. Section 52 – Direct payments to meet a carer’s needs

    48. Section 53– Direct payments: further provision

    49. Section 54 – Care and support plans and support plans

    50. Section 55 – Regulations about care and support plans and support plans

    51. Section 56 – Portability of care and support

    52. Section 57 – Cases where a person expresses preference for particular accommodation

    53. Section 58 – Protecting property of persons being cared for away from home

    54. Section 59 – Power to impose charges

    55. Section 60 – Persons upon whom charges may be imposed

    56. Section 61 - Regulations about the exercise of a power to impose a charge

    57. Section 62 – Regulations disapplying a power to impose a charge

    58. Section 63 – Duty to carry out a financial assessment

    59. Section 64 – Regulations about financial assessments

    60. Section 65 – Regulations disapplying the duty to carry out a financial assessment

    61. Section 66– Determination as to a person’s ability to pay a charge

    62. Section 67 – Duty to give effect of determination as to ability to pay a charge

    63. Section 68 – Deferred payment agreements

    64. Section 69 – Charging for preventative services and assistance

    65. Section 70 – Recovery of charges, interest etc

    66. Section 71 – Creation of a charge over an interest in land

    67. Section 72 – Transfer of assets to avoid charges

    68. Section 73 – Reviews relating to charging

    69. Part 6 - Looked after and Accommodated Children

      1. Section 74 - Child or young person looked after by a local authority

      2. Section 75 - General duty of local authority to secure sufficient accommodation for looked after children

      3. Section 76 - Accommodation for children without parents or who are lost or abandoned etc

      4. Section 77 - Accommodation for children in police protection or detention or on remand etc

      5. Section 78 - Principal duty of a local authority in relation to looked after children

      6. Section 81 - Ways in which looked after children are to be accommodated and maintained

      7. Section 83 - Care and support plans

      8. Section 85 - Contributions towards maintenance of looked after children

      9. Section 86 - Children’s homes provided, equipped and maintained by the Welsh Ministers

      10. Section 87 - Regulations about looked after children

      11. Section 88 - Regulations about conditions under which a child in care is allowed to live with a parent etc

      12. Section 89 - Regulations about placements of a kind mentioned in section 81(6)(d)

      13. Section 90 - Regulations about placements out of area

      14. Section 91 - Regulations about the avoidance of disruption in education

      15. Section 92 - Regulations about the placing of children with local authority foster parents and prospective adopters

      16. Section 93 - Regulations providing for approval of local authority foster parents

      17. Section 94 - Regulations about agency arrangements

      18. Section 95 - Promotion and maintenance of contact between child and family

      19. Section 96 - Family visits to or by children: expenses

      20. Section 97 - Duty of local authority to ensure visits to, and contact with, looked after children and other children

      21. Section 98 - Independent visitors for looked after children

      22. Section 99 - Appointment of independent reviewing officer

      23. Section 100 - Functions of the independent reviewing officer

      24. Section 101 - Referred cases

      25. Section 102 - Review of cases and inquiries into representations

      26. Section 103 - Befriending, advising and assisting looked after children

      27. Section 104 - Young people entitled to support under sections 105 to 115

      28. Section 105 - Keeping in touch

      29. Section 106 - Personal advisers

      30. Section 107 - Pathway assessments and plans: general

      31. Section 108 - Pathway assessments and plans: post-18 living arrangements

      32. Section 109 - Support for category 2 young people

      33. Section 110 - Support for category 3 young people

      34. Section 111 - Cessation of duties in relation to category 3 young people

      35. Section 112 - Support for category 4 young people

      36. Section 113 - Cessation of duties in relation to category 4 young people

      37. Section 114 - Support for category 5 young people and former category 5 young people

      38. Section 115 - Support for category 6 young people and former category 6 young people

      39. Section 116 - Supplementary provision about support for young persons in further or higher education

      40. Section 117 - Charging for provision under sections 109 to 115

      41. Section 118 - Information

      42. Section 119 - Use of accommodation for restricting liberty

      43. Section 120 - Assessment of children accommodated by health authorities and education authorities

      44. Section 121 - Assessment of children accommodated in care homes or independent hospitals

      45. Section 122 - Visitors for children notified to local authority under section 120 or 121

      46. Section 123 - Services for children notified to a local authority under section 120 or 121

      47. Section 124 - Arrangements to assist children to live outside England and Wales

      48. Section 125 - Death of children being looked after by local authorities

    70. Section 126 – Adults at risk

    71. Section 127 – Adult protection and support orders

    72. Section 128 - Duty to report adults at risk

    73. Section 129 - Abolition of local authority’s power to remove persons in need of care and attention

    74. Section 130 – Duty to report children at risk

    75. Section 131 – Guidance about adults at risk and children at risk

    76. Section 132 – The National Independent Safeguarding Board

    77. Section 133 – Regulations about the National Board

    78. Section 134 - Safeguarding Children Boards and Safeguarding Adults Boards

    79. Section 135 – Functions and procedures of Safeguarding Boards

    80. Section 136 – Safeguarding Boards: annual plans and reports

    81. Section 137 – Supply of information requested by Safeguarding Boards

    82. Section 138 – Funding of Safeguarding Boards

    83. Section 139 – Safeguarding Boards: supplementary

    84. Section 140 – Combined Safeguarding Boards

    85. Section 142 – Interpretation of Part 7

    86. Section 143 – Social services functions of local authorities

    87. Section 144 – Directors of social services

    88. Section 145 – Power to issue codes

    89. Section 146 – Issue, approval and revocation of codes

    90. Section 147 – Departure from requirements in codes

    91. Section 148 – Policy statements: requirements and ancillary powers

    92. Section 149 – Directions to require compliance with codes of practice

    93. Section 150 – Grounds for intervention

    94. Section 151 – Warning notice

    95. Section 152 – Power of Welsh Ministers to intervene

    96. Section 153 – Power to require a local authority to obtain advisory services

    97. Section 154 – Power to require performance of functions by other persons on behalf of authority

    98. Section 155 – Power to require performance of functions by Welsh Ministers or nominee

    99. Section 156 – Power to direct exercise of other social services functions

    100. Section 157 – General power to give directions and take steps

    101. Section 158 – Intervention: duty to report

    102. Section 159 – Directions

    103. Section 160 – Duty to co-operate

    104. Section 161 – Powers of entry and inspection

    105. Section 162 – Arrangements to promote co-operation: adults with needs for care and support and carers

    106. Section 163 – Arrangements to promote co-operation: children

    107. Section 164 – Duty to co-operate and provide information in the exercise of social services functions

    108. Section 165 – Promoting integration of care and support with health services etc

    109. Section 166 – Partnership arrangements

    110. Section 167 – Resources for partnership arrangements

    111. Section 168 – Partnership boards

    112. Section 169 – Guidance about partnership arrangements

    113. Section 170 – Adoption service: joint arrangements

    114. Section 171 – Complaints about social services

    115. Section 172 – Complaints about social services: supplementary

    116. Section 173 – Assistance for complainants

    117. Section 174 – Representations relating to certain children etc

    118. Section 175 – Representations relating to certain children etc: further provision

    119. Section 176 – Representations relating to former looked after children etc

    120. Section 177 – Further consideration of representations

    121. Section 178 – Assistance for persons making representations

    122. Section 179 – Investigation of complaints about privately arranged or funded social care and palliative care

    123. Section 180 – Independent advocacy services for complaints about privately arranged or funded palliative care

    124. Section 181 – Provision of advocacy services

    125. Section 182 - Provision of advocacy services: restrictions

    126. Section 183 – Publicising advocacy services in care homes

    127. Section 184 – Research and provision of information

    128. Section 185 - Adults in prison, youth detention accommodation or bail accommodation etc

    129. Section 186 - Children in youth detention accommodation, prison or bail accommodation etc

    130. Section 187 - Persons in prison, youth detention accommodation or bail accommodation

    131. Section 188 – Interpretation of sections 185 to 187

    132. Section 189 – Provider failure: temporary duty on local authority

    133. Section 190 – Provider failure: exception to temporary duty

    134. Section 191 – Provider failure: supplementary

    135. Section 192 – Amendment of the National Assistance Act 1948

    136. Section 193 – Recovery of costs between local authorities

    137. Section 194 – Ordinary residence

    138. Section 195 – Disputes about ordinary residence and portability of care and support

    139. Section 196 – Orders and regulations

    140. Section 197 – General interpretation and index of defined expressions

    141. Section 198 – Power to make consequential and transitional provision etc

    142. Schedule 1 – Contributions towards maintenance of looked after children

    143. Schedule 2 – Social services functions

    144. Schedule 3 – Investigation of complaints about privately arranged or funded social care and palliative care

  3. Record of Proceedings in National Assembly for Wales

  • Explanatory Notes Table of contents

Back to top