Social Services and Well-being (Wales) Act 2014

1. Introductory Text

2. PART 1 INTRODUCTION

   1. Overview

      1. 1. Overview of this Act

   2. Key terms

      1. 2. Meaning of “well-being”

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

      3. 4. Meaning of “care and support”

3. PART 2 GENERAL FUNCTIONS

   1. Overarching duties

      1. 5. Well-being duty

      2. 6. Other overarching duties: general

      3. 7. Other overarching duties: UN Principles and Convention

   2. Well-being outcomes

      1. 8. Duty to issue a statement of the outcomes to be achieved

      2. 9. Power to issue a code to help achieve the outcomes

      3. 10. Local authorities and the code

      4. 11. Issue, approval and revocation of the code

      5. 12. Power to help local authorities to comply with the code's requirements

      6. 13. Publication of information and reports

   3. Local arrangements

      1. 14. Assessment of needs for care and support, support for carers and preventative services

      2. 14A. Plans following assessments of needs under section 14

      3. 15. Preventative services

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

      5. 17. Provision of information, advice and assistance

      6. 18. Registers of sight-impaired, hearing-impaired and other disabled people

4. PART 3 ASSESSING THE NEEDS OF INDIVIDUALS

   1. Assessing adults

      1. 19. Duty to assess the needs of an adult for care and support

      2. 20. Refusal of a needs assessment for an adult

   2. Assessing children

      1. 21. Duty to assess the needs of a child for care and support

      2. 22. Refusal of a needs assessment for a child aged 16 or 17

      3. 23. Refusal of a needs assessment for a child aged under 16

   3. Assessing carers

      1. 24. Duty to assess the needs of a carer for support

      2. 25. Refusal of a needs assessment for an adult carer

      3. 26. Refusal of a needs assessment for a carer aged 16 or 17

      4. 27. Refusal of a needs assessment for a carer aged under 16

   4. Supplementary

      1. 28. Combining needs assessments for a carer and a cared for person

      2. 29. Combining needs assessments and other assessments

      3. 30. Regulations about assessment

      4. 31. Part 3: interpretation

5. PART 4 MEETING NEEDS

   1. Deciding what to do following needs assessment

      1. 32. Determination of eligibility and consideration of what to do to meet needs

      2. 33. Procedure for regulations under section 32

      3. 34. How to meet needs

   2. Meeting care and support needs of adults

      1. 35. Duty to meet care and support needs of an adult

      2. 36. Power to meet care and support needs of adult

   3. Meeting care and support needs of children

      1. 37. Duty to meet care and support needs of a child

      2. 38. Power to meet care and support needs of a child

      3. 39. Duty to maintain family contact

   4. Meeting support needs of a carer

      1. 40. Duty to meet support needs of an adult carer

      2. 41. Duty to meet support needs of an adult carer: supplementary

      3. 42. Duty to meet support needs of a child carer

      4. 43. Duty to meet support needs of a child carer: supplementary

      5. 44. Supplementary provision about the duties to meet carer's needs

      6. 45. Power to meet support needs of a carer

   5. Meeting needs: exceptions and restrictions

      1. 46. Exception for persons subject to immigration control

      2. 47. Exception for provision of health services

      3. 48. Exception for provision of housing etc

      4. 49. Restrictions on provision of payments

   6. Direct payments

      1. 50. Direct payments to meet an adult's needs

      2. 51. Direct payments to meet a child's needs

      3. 52. Direct payments to meet a carer's needs

      4. 53. Direct payments: further provision

   7. Plans

      1. 54. Care and support plans and support plans

      2. 55. Regulations about care and support plans and support plans

   8. Supplementary

      1. 56. Portability of care and support

      2. 57. Cases where a person expresses preference for particular accommodation

      3. 58. Protecting property of persons being cared for away from home

6. PART 5 CHARGING AND FINANCIAL ASSESSMENT

   1. Charging for meeting needs

      1. 59. Power to impose charges

      2. 60. Persons upon whom charges may be imposed

      3. 61. Regulations about the exercise of a power to impose a charge

      4. 62. Regulations disapplying a power to impose a charge

      5. 63. Duty to carry out a financial assessment

      6. 64. Regulations about financial assessments

      7. 65. Regulations disapplying the duty to carry out a financial assessment

      8. 66. Determination as to a person's ability to pay a charge

      9. 67. Duty to give effect of determination as to ability to pay a charge

      10. 68. Deferred payment agreements

   2. Charging for preventative services and assistance

      1. 69. Charging for preventative services and assistance

   3. Enforcement of debts

      1. 70. Recovery of charges, interest etc

      2. 71. Creation of a charge over an interest in land

      3. 72. Transfer of assets to avoid charges

   4. Reviews

      1. 73. Reviews relating to charging

7. PART 6 LOOKED AFTER AND ACCOMMODATED CHILDREN

   1. Interpretation

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

   2. Accommodation duties

      1. 75. General duty of local authority to secure sufficient accommodation for looked after children

      2. 76. Accommodation for children without parents or who are lost or abandoned etc

      3. 77. Accommodation for children in police protection or detention or on remand etc

   3. Duties of local authorities in relation to looked after children

      1. 78. Principal duty of a local authority in relation to looked after children

      2. 79. Provision of accommodation for children in care

      3. 80. Maintenance of looked after children

      4. 81. Ways in which looked after children are to be accommodated and maintained

      5. 82. Review of child's case before making alternative arrangements for accommodation

      6. 83. Care and support plans

      7. 84. Regulations about care and support plans

      8. 85. Contributions towards maintenance of looked after children

      9. 86. ... Homes provided, equipped and maintained by Welsh Ministers or Secretary of State

   4. Regulations about looked after children

      1. 87. Regulations about looked after children

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

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

      4. 90. Regulations about placements out of area

      5. 91. Regulations about the avoidance of disruption in education

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

      7. 93. Regulations providing for approval of local authority foster parents

      8. 94. Regulations about agency arrangements

   5. Regulation of local authority functions relating to looked after and accommodated children

      1. 94A. Regulation of the exercise of local authority functions relating to looked after and accommodated children

      2. 94B. Offence of contravening regulations under section 94A

   6. Contact and visits

      1. 95. Promotion and maintenance of contact between child and family

      2. 96. Family visits to or by children: expenses

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

      4. 98. Independent visitors for looked after children

   7. Review of cases

      1. 99. Appointment of independent reviewing officer

      2. 100. Functions of the independent reviewing officer

      3. 101. Referred cases

      4. 102. Review of cases and inquiries into representations

   8. Leaving care, accommodation and fostering

      1. 103. Befriending, advising and assisting looked after children

      2. 104. Young people entitled to support under sections 105 to 115

      3. 105. Keeping in touch

      4. 106. Personal advisers

      5. 107. Pathway assessments and plans: general

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

      7. 109. Support for category 2 young people

      8. 110. Support for category 3 young people

      9. 111. Cessation of duties in relation to category 3 young people

      10. 112. Support for category 4 young people

      11. 113. Cessation of duties in relation to category 4 young people

      12. 114. Support for category 5 young people and former category 5 young people

      13. 115. Support for category 6 young people and former category 6 young people

      14. 116. Supplementary provision about support for young persons in further or higher education

      15. 117. Charging for provision under sections 109 to 115

      16. 118. Information

   9. Secure accommodation

      1. 119. Use of accommodation for restricting liberty

   10. Children accommodated in certain establishments

       1. 120. Assessment of children accommodated by health authorities and education authorities

       2. 121. Assessment of children accommodated in care homes or independent hospitals

       3. 122. Visitors for children notified to a local authority ...

       4. 123. Services for children notified to a local authority ...

   11. Moving looked after children to live outside the jurisdiction

       1. 124. Arrangements to assist children to live outside England and Wales

   12. Death of a looked after child

       1. 125. Death of children being looked after by local authorities

   13. Jurisdiction and procedure

       1. 125A. Jurisdiction of courts

       2. 125B. Rules of court

       3. 125C. Privacy for children involved in proceedings under this Part

       4. 125D. (1) A person must not publish to the public at...

8. PART 7 SAFEGUARDING

   1. Adults at risk

      1. 126. Adults at risk

      2. 127. Adult protection and support orders

      3. 128. Duty to report adults at risk

      4. 129. Abolition of local authority's power to remove persons in need of care and attention

   2. Children at risk

      1. 130. Duty to report children at risk

   3. Guidance

      1. 131. Guidance about adults at risk and children at risk

   4. National Independent Safeguarding Board

      1. 132. The National Independent Safeguarding Board

      2. 133. Regulations about the National Board

   5. Safeguarding Children Boards and Safeguarding Adults Boards

      1. 134. Safeguarding Children Boards and Safeguarding Adults Boards

      2. 135. Functions and procedures of Safeguarding Boards

      3. 136. Safeguarding Boards: annual plans and reports

      4. 137. Supply of information requested by Safeguarding Boards

      5. 138. Funding of Safeguarding Boards

      6. 139. Safeguarding Boards: supplementary

      7. 140. Combined Safeguarding Boards

      8. 141. Procedure for orders under section 140

      9. 142. Interpretation of Part 7

9. PART 8 SOCIAL SERVICES FUNCTIONS

   1. Local authorities

      1. 143. Social services functions of local authorities

      2. 144. Directors of social services

      3. 144A. Annual reports

      4. 144B. Local market stability reports

   2. General duty of the Welsh Ministers

      1. 144C. General duty of the Welsh Ministers

   3. Codes

      1. 145. Power to issue codes

      2. 146. Issue, approval and revocation of codes

      3. 147. Departure from requirements in codes

      4. 148. Policy statements: requirements and ancillary powers

      5. 149. Directions to require compliance with codes of practice

   4. Reviews

      1. 149A. Reviews of studies and research

      2. 149B. Reviews of local authority social services functions

      3. 149C. Fees

      4. 149D. General considerations

   5. Intervention by central government

      1. 150. Grounds for intervention

      2. 151. Warning notice

      3. 152. Power of Welsh Ministers to intervene

      4. 153. Power to require local authority to obtain advisory services

      5. 154. Power to require performance of functions by other persons on behalf of authority

      6. 155. Power to require performance of functions by Welsh Ministers or nominee

      7. 156. Power to direct exercise of other social services functions

      8. 157. General power to give directions and take steps

      9. 158. Intervention: duty to report

      10. 159. Directions

      11. 160. Duty to co-operate

   6. Enforcement

      1. 161. Powers of entry and inspection

      2. 161A. Code of practice about inspections

      3. 161B. Power to require information

      4. 161C. Offences

10. PART 9 CO-OPERATION AND PARTNERSHIP

    1. Co-operation

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

       2. 163. Arrangements to promote co-operation: children

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

       4. 164A. Duty of other persons to co-operate and provide information

       5. 165. Promoting integration of care and support with health services etc

    2. Partnership arrangements

       1. 166. Partnership arrangements

       2. 167. Resources for partnership arrangements

       3. 168. Partnership boards

       4. 169. Guidance about partnership arrangements

    3. Adoption

       1. 170. Adoption service: joint arrangements

11. PART 10 COMPLAINTS, REPRESENTATIONS AND ADVOCACY SERVICES

    1. CHAPTER 1 COMPLAINTS AND REPRESENTATIONS ABOUT SOCIAL SERVICES

       1. 171. Complaints about social services

       2. 172. Complaints about social services: supplementary

       3. 173. Assistance for complainants

       4. 174. Representations relating to certain children etc

       5. 175. Representations relating to certain children etc: further provision

       6. 176. Representations relating to former looked after children etc

       7. 177. Further consideration of representations

       8. 178. Assistance for persons making representations

    2. CHAPTER 2 COMPLAINTS ABOUT PRIVATE SOCIAL CARE AND PALLIATIVE CARE

       1. 179. Investigation of complaints about privately arranged or funded social care and palliative care

       2. 180. Independent advocacy services for complaints about privately arranged or funded palliative care

    3. CHAPTER 3 ADVOCACY SERVICES

       1. 181. Provision of advocacy services

       2. 182. Provision of advocacy services: restrictions

       3. 183. Publicising advocacy services in care homes

12. PART 11 MISCELLANEOUS AND GENERAL

    1. Miscellaneous

       1. 184. Research and provision of information

       2. 185. Adults in prison, youth detention accommodation or bail accommodation etc

       3. 186. Children in youth detention accommodation, prison or bail accommodation etc

       4. 187. Persons in prison, youth detention accommodation or bail accommodation etc

       5. 188. Interpretation of sections 185 to 187

       6. 189. Provider failure: temporary duty on local authority

       7. 190. Provider failure: exception to temporary duty

       8. 191. Provider failure: supplementary

       9. 192. Amendment of the National Assistance Act 1948

    2. Supplementary

       1. 193. Recovery of costs between local authorities

       2. 194. Ordinary residence

       3. 195. Disputes about ordinary residence and portability of care and support

       4. 195A. Offences committed by bodies or partnerships

    3. General

       1. 196. Orders and regulations

       2. 197. General interpretation and index of defined expressions

       3. 198. Power to make consequential and transitional provision etc

       4. 199. Commencement

       5. 200. Short title

13. 1. SCHEDULE A1

       Direct payments: after-care under the Mental Health Act 1983

       1. General

          1. 1. Sections 50 (direct payments to meet an adult's needs), 51...

       2. Modifications to section 50

          1. 2. For subsection (1) of section 50 substitute—

          2. 3. In subsection (3) of that section— (a) in paragraph (a),...

          3. 4. In subsection (4) of that section— (a) in paragraph (a),...

          4. 5. In subsection (5) of that section— (a) in paragraph (a),...

          5. 6. In subsection (6)(b) of that section, for “A's needs for...

       3. Modifications to section 51

          1. 7. For subsection (1) of section 51 substitute—

          2. 8. In subsection (3)(a) and (b) of that section, for “who...

          3. 9. In subsection (5)(a) of that section, for “meeting the child's...

       4. Modifications to section 53

          1. 10. In subsection (1) of section 53— (a) in the opening...

          2. 11. Omit subsections (2) to (8) of that section.

          3. 12. After subsection (8) of that section insert—

          4. 13. In subsection (9) of that section— (a) for “, 51...

          5. 14. In subsection (10) of that section, for “care and support...

    2. SCHEDULE 1

       CONTRIBUTIONS TOWARDS MAINTENANCE OF LOOKED AFTER CHILDREN

       1. Liability to contribute

          1. 1. (1) Where a local authority is looking after a child...

       2. Agreed contributions

          1. 2. (1) Contributions towards a child's maintenance may only be recovered...

       3. Contribution orders

          1. 3. (1) Where a contributor has been served with a contribution...

       4. Enforcement of contribution orders etc

          1. 4. CONTRIBUTIONS TOWARDS MAINTENANCE OF LOOKED AFTER CHILDREN

       5. Regulations

          1. 5. Regulations may provide for— (a) the considerations which a local...

       6. Service of contribution notice

          1. 6. (1) A contribution notice required under this Schedule to be...

    3. SCHEDULE 2

       SOCIAL SERVICES FUNCTIONS

    4. SCHEDULE 3

       INVESTIGATION OF COMPLAINTS ABOUT PRIVATELY ARRANGED OR FUNDED SOCIAL CARE AND PALLIATIVE CARE

       1. PART 1 NEW PARTS 2A AND 2B FOR THE PUBLIC SERVICES OMBUDSMAN (WALES) ACT 2005

          1. 1. The Public Services Ombudsman (Wales) Act 2005 is amended as...

          2. 2. After Part 2 (investigation of complaints) insert— PART 2A INVESTIGATION...

          3. 3. Until the coming into force of Part 5 of the...

          4. 4. After Schedule 3 (listed authorities) insert— SCHEDULE 3A EXCLUDED MATTERS:...

       2. PART 2 MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO THE OMBUDSMAN

          1. Local Government Act 1974

             1. 5. The Local Government Act 1974 is amended as follows.

             2. 6. In section 29 (investigations: further provisions), in subsection (5), for...

             3. 7. In section 33 (consultation between Local Commissioner, the Parliamentary Commissioner...

             4. 8. In section 34G (investigations: further provisions), in subsection (2), for...

             5. 9. In section 34M (consultation with other Commissioners), in subsection (7),...

          2. Local Government Act 2000

             1. 10. The Local Government Act 2000 is amended as follows.

             2. 11. Section 67 (consultation with ombudsmen) has effect, until the repeal...

             3. 12. In section 70 (investigations: further provisions), in subsection (2), in...

          3. Public Services Ombudsman (Wales) Act 2005

             1. 13. The Public Services Ombudsman (Wales) Act 2005 is amended as...

             2. 14. In the heading to Part 2 (investigation of complaints), after...

             3. 15. In section 2 (power of investigation)— (a) in subsection (1),...

             4. 16. In section 4 (who can complain), in subsection (1)—

             5. 17. In section 7 (matters which may be investigated), in subsection...

             6. 18. In section 9 (exclusion: other remedies)— (a) in subsection (1),...

             7. 19. In section 10 (other excluded matters), in subsection (1), after...

             8. 20. In section 14 (information, documents, evidence and facilities), before subsection...

             9. 21. In section 23 (special reports: supplementary)— (a) in subsection (1),...

             10. 22. Omit the italic cross-heading before section 25 (consultation and co-operation)....

             11. 23. Omit sections 25 to 25B (consultation and co-operation).

             12. 24. Omit the italic cross-heading before section 26 (disclosure).

             13. 25. Omit sections 26 and 27 (disclosure of information).

             14. 26. Omit section 32 (protection from defamation claims).

             15. 27. In section 41 (interpretation), in subsection (1)—

             16. 28. In the heading to section 42 (former health care providers...

             17. 29. (1) Section 42 (former health care providers and social landlords:...

             18. 30. (1) Schedule 1 (Public Services Ombudsman for Wales: appointment etc)...

             19. 31. In the title to Schedule 2, after “MATTERS” insert “...

          4. Commissioner for Older People (Wales) Act 2006

             1. 32. The Commissioner for Older People (Wales) Act 2006 is amended...

             2. 33. In section 18 (power to disclose information), in subsection (1),...

             3. 34. In Schedule 4 (minor and consequential amendments), in paragraph 2,...

          5. Government of Wales Act 2006

             1. 35. In Schedule 10 to the Government of Wales Act 2006...

          6. Welsh Language (Wales) Measure 2011

             1. 36. (1) Schedule 3 to the Welsh Language (Wales) Measure 2011...