Social Services and Well-being (Wales) Act 2014
PART 1INTRODUCTION
Overview
1Overview of this Act
Key terms
2Meaning of “well-being”
3Meaning of “adult”, “child”, “carer”and “disabled”
4Meaning of “care and support”
PART 2GENERAL FUNCTIONS
Overarching duties
5Well-being duty
6Other overarching duties: general
7Other overarching duties: UN Principles and Convention
Well-being outcomes
8Duty to issue a statement of the outcomes to be achieved
9Power to issue a code to help achieve the outcomes
10Local authorities and the code
11Issue, approval and revocation of the code
12Power to help local authorities to comply with the code's requirements
13Publication of information and reports
Local arrangements
14Assessment of needs for care and support, support for carers and preventative services
14APlans following assessments of needs under section 14
15Preventative services
16Promoting social enterprises, co-operatives, user led services and the third sector
17Provision of information, advice and assistance
18Registers of sight-impaired, hearing-impaired and other disabled people
PART 3ASSESSING THE NEEDS OF INDIVIDUALS
Assessing adults
19Duty to assess the needs of an adult for care and support
20Refusal of a needs assessment for an adult
Assessing children
21Duty to assess the needs of a child for care and support
22Refusal of a needs assessment for a child aged 16 or 17
23Refusal of a needs assessment for a child aged under 16
Assessing carers
24Duty to assess the needs of a carer for support
25Refusal of a needs assessment for an adult carer
26Refusal of a needs assessment for a carer aged 16 or 17
27Refusal of a needs assessment for a carer aged under 16
Supplementary
28Combining needs assessments for a carer and a cared for person
29Combining needs assessments and other assessments
30Regulations about assessment
31Part 3: interpretation
PART 4MEETING NEEDS
Deciding what to do following needs assessment
32Determination of eligibility and consideration of what to do to meet needs
33Procedure for regulations under section 32
34How to meet needs
Meeting care and support needs of adults
35Duty to meet care and support needs of an adult
36Power to meet care and support needs of adult
Meeting care and support needs of children
37Duty to meet care and support needs of a child
38Power to meet care and support needs of a child
39Duty to maintain family contact
Meeting support needs of a carer
40Duty to meet support needs of an adult carer
41Duty to meet support needs of an adult carer: supplementary
42Duty to meet support needs of a child carer
43Duty to meet support needs of a child carer: supplementary
44Supplementary provision about the duties to meet carer's needs
45Power to meet support needs of a carer
Meeting needs: exceptions and restrictions
46Exception for persons subject to immigration control
47Exception for provision of health services
48Exception for provision of housing etc
49Restrictions on provision of payments
Direct payments
50Direct payments to meet an adult's needs
51Direct payments to meet a child's needs
52Direct payments to meet a carer's needs
53Direct payments: further provision
Plans
54Care and support plans and support plans
55Regulations about care and support plans and support plans
Supplementary
56Portability of care and support
57Cases where a person expresses preference for particular accommodation
58Protecting property of persons being cared for away from home
PART 5CHARGING AND FINANCIAL ASSESSMENT
Charging for meeting needs
59Power to impose charges
60Persons upon whom charges may be imposed
61Regulations about the exercise of a power to impose a charge
62Regulations disapplying a power to impose a charge
63Duty to carry out a financial assessment
64Regulations about financial assessments
65Regulations disapplying the duty to carry out a financial assessment
66Determination as to a person's ability to pay a charge
67Duty to give effect of determination as to ability to pay a charge
68Deferred payment agreements
Charging for preventative services and assistance
69Charging for preventative services and assistance
Enforcement of debts
70Recovery of charges, interest etc
71Creation of a charge over an interest in land
72Transfer of assets to avoid charges
Reviews
73Reviews relating to charging
PART 6LOOKED AFTER AND ACCOMMODATED CHILDREN
Interpretation
74Child or young person looked after by a local authority
Accommodation duties
75General duty of local authority to secure sufficient accommodation for looked after children
76Accommodation for children without parents or who are lost or abandoned etc
77Accommodation for children in police protection or detention or on remand etc
Duties of local authorities in relation to looked after children
78Principal duty of a local authority in relation to looked after children
79Provision of accommodation for children in care
80Maintenance of looked after children
81Ways in which looked after children are to be accommodated and maintained
82Review of child's case before making alternative arrangements for accommodation
83Care and support plans
84Regulations about care and support plans
85Contributions towards maintenance of looked after children
86Children’s homes provided, equipped and maintained by Welsh Ministers or Secretary of State
Regulations about looked after children
87Regulations about looked after children
88Regulations about conditions under which a child in care is allowed to live with a parent etc
89Regulations about placements of a kind mentioned in section 81(6)(d)
90Regulations about placements out of area
91Regulations about the avoidance of disruption in education
92Regulations about the placing of children with local authority foster parents and prospective adopters
93Regulations providing for approval of local authority foster parents
94Regulations about agency arrangements
Regulation of local authority functions relating to looked after and accommodated children
94ARegulation of the exercise of local authority functions relating to looked after and accommodated children
94BOffence of contravening regulations under section 94A
Contact and visits
95Promotion and maintenance of contact between child and family
96Family visits to or by children: expenses
97Duty of local authority to ensure visits to, and contact with, looked after children and other children
98Independent visitors for looked after children
Review of cases
99Appointment of independent reviewing officer
100Functions of the independent reviewing officer
101Referred cases
102Review of cases and inquiries into representations
Leaving care, accommodation and fostering
103Befriending, advising and assisting looked after children
104Young people entitled to support under sections 105 to 115
105Keeping in touch
106Personal advisers
107Pathway assessments and plans: general
108Pathway assessments and plans: post-18 living arrangements
109Support for category 2 young people
110Support for category 3 young people
111Cessation of duties in relation to category 3 young people
112Support for category 4 young people
113Cessation of duties in relation to category 4 young people
114Support for category 5 young people and former category 5 young people
115Support for category 6 young people and former category 6 young people
116Supplementary provision about support for young persons in further or higher education
117Charging for provision under sections 109 to 115
118Information
Secure accommodation
119Use of accommodation for restricting liberty
Children accommodated in certain establishments
120Assessment of children accommodated by health authorities and education authorities
121Assessment of children accommodated in care homes or independent hospitals
122Visitors for children notified to a local authority ...
123Services for children notified to a local authority ...
Moving looked after children to live outside the jurisdiction
124Arrangements to assist children to live outside England and Wales
Death of a looked after child
125Death of children being looked after by local authorities
Jurisdiction and procedure
125AJurisdiction of courts
125BRules of court
125CPrivacy for children involved in proceedings under this Part
125D(1) A person must not publish to the public at...
PART 7SAFEGUARDING
Adults at risk
126Adults at risk
127Adult protection and support orders
128Duty to report adults at risk
129Abolition of local authority's power to remove persons in need of care and attention
Children at risk
130Duty to report children at risk
Guidance
131Guidance about adults at risk and children at risk
National Independent Safeguarding Board
132The National Independent Safeguarding Board
133Regulations about the National Board
Safeguarding Children Boards and Safeguarding Adults Boards
134Safeguarding Children Boards and Safeguarding Adults Boards
135Functions and procedures of Safeguarding Boards
136Safeguarding Boards: annual plans and reports
137Supply of information requested by Safeguarding Boards
138Funding of Safeguarding Boards
139Safeguarding Boards: supplementary
140Combined Safeguarding Boards
141Procedure for orders under section 140
142Interpretation of Part 7
PART 8SOCIAL SERVICES FUNCTIONS
Local authorities
143Social services functions of local authorities
144Directors of social services
144AAnnual reports
144BLocal market stability reports
General duty of the Welsh Ministers
144CGeneral duty of the Welsh Ministers
Codes
145Power to issue codes
146Issue, approval and revocation of codes
147Departure from requirements in codes
148Policy statements: requirements and ancillary powers
149Directions to require compliance with codes of practice
Reviews
149AReviews of studies and research
149BReviews of local authority social services functions
149CFees
149DGeneral considerations
Intervention by central government
150Grounds for intervention
151Warning notice
152Power of Welsh Ministers to intervene
153Power to require local authority to obtain advisory services
154Power to require performance of functions by other persons on behalf of authority
155Power to require performance of functions by Welsh Ministers or nominee
156Power to direct exercise of other social services functions
157General power to give directions and take steps
158Intervention: duty to report
159Directions
160Duty to co-operate
Enforcement
161Powers of entry and inspection
161ACode of practice about inspections
161BPower to require information
161COffences
PART 9CO-OPERATION AND PARTNERSHIP
Co-operation
162Arrangements to promote co-operation: adults with needs for care and support and carers
163Arrangements to promote co-operation: children
164Duty to co-operate and provide information in the exercise of social services functions
164ADuty of other persons to co-operate and provide information
165Promoting integration of care and support with health services etc
Partnership arrangements
166Partnership arrangements
167Resources for partnership arrangements
168Partnership boards
169Guidance about partnership arrangements
Adoption
170Adoption service: joint arrangements
PART 10COMPLAINTS, REPRESENTATIONS AND ADVOCACY SERVICES
CHAPTER 1COMPLAINTS AND REPRESENTATIONS ABOUT SOCIAL SERVICES
171Complaints about social services
172Complaints about social services: supplementary
173Assistance for complainants
174Representations relating to certain children etc
175Representations relating to certain children etc: further provision
176Representations relating to former looked after children etc
177Further consideration of representations
178Assistance for persons making representations
CHAPTER 2COMPLAINTS ABOUT PRIVATE SOCIAL CARE AND PALLIATIVE CARE
179Investigation of complaints about privately arranged or funded social care and palliative care
180Independent advocacy services for complaints about privately arranged or funded palliative care
CHAPTER 3ADVOCACY SERVICES
181Provision of advocacy services
182Provision of advocacy services: restrictions
183Publicising advocacy services in care homes
PART 11MISCELLANEOUS AND GENERAL
Miscellaneous
184Research and provision of information
185Adults in prison, youth detention accommodation or bail accommodation etc
186Children in youth detention accommodation, prison or bail accommodation etc
187Persons in prison, youth detention accommodation or bail accommodation etc
188Interpretation of sections 185 to 187
189Provider failure: temporary duty on local authority
190Provider failure: exception to temporary duty
191Provider failure: supplementary
192Amendment of the National Assistance Act 1948
Supplementary
193Recovery of costs between local authorities
194Ordinary residence
195Disputes about ordinary residence and portability of care and support
195AOffences committed by bodies or partnerships
General
196Orders and regulations
197General interpretation and index of defined expressions
198Power to make consequential and transitional provision etc
199Commencement
200Short title
SCHEDULE A1Direct payments: after-care under the Mental Health Act 1983
General
1Sections 50 (direct payments to meet an adult's needs), 51...
Modifications to section 50
2For subsection (1) of section 50 substitute—
3In subsection (3) of that section— (a) in paragraph (a),...
4In subsection (4) of that section— (a) in paragraph (a),...
5In subsection (5) of that section— (a) in paragraph (a),...
6In subsection (6)(b) of that section, for “A's needs for...
Modifications to section 51
7For subsection (1) of section 51 substitute—
8In subsection (3)(a) and (b) of that section, for “who...
9In subsection (5)(a) of that section, for “meeting the child's...
Modifications to section 53
10In subsection (1) of section 53— (a) in the opening...
11Omit subsections (2) to (8) of that section.
12After subsection (8) of that section insert—
13In subsection (9) of that section— (a) for “, 51...
14In subsection (10) of that section, for “care and support...
SCHEDULE 1CONTRIBUTIONS TOWARDS MAINTENANCE OF LOOKED AFTER CHILDREN
Liability to contribute
1(1) Where a local authority is looking after a child...
Agreed contributions
2(1) Contributions towards a child's maintenance may only be recovered...
Contribution orders
3(1) Where a contributor has been served with a contribution...
Enforcement of contribution orders etc
4CONTRIBUTIONS TOWARDS MAINTENANCE OF LOOKED AFTER CHILDREN
Regulations
5Regulations may provide for— (a) the considerations which a local...
Service of contribution notice
6(1) A contribution notice required under this Schedule to be...
SCHEDULE 2SOCIAL SERVICES FUNCTIONS
SCHEDULE 3INVESTIGATION OF COMPLAINTS ABOUT PRIVATELY ARRANGED OR FUNDED SOCIAL CARE AND PALLIATIVE CARE
PART 1NEW PARTS 2A AND 2B FOR THE PUBLIC SERVICES OMBUDSMAN (WALES) ACT 2005
1The Public Services Ombudsman (Wales) Act 2005 is amended as...
2After Part 2 (investigation of complaints) insert— PART 2A INVESTIGATION...
3Until the coming into force of Part 5 of the...
4After Schedule 3 (listed authorities) insert— SCHEDULE 3A EXCLUDED MATTERS:...
PART 2MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO THE OMBUDSMAN
Local Government Act 1974
5The Local Government Act 1974 is amended as follows.
6In section 29 (investigations: further provisions), in subsection (5), for...
7In section 33 (consultation between Local Commissioner, the Parliamentary Commissioner...
8In section 34G (investigations: further provisions), in subsection (2), for...
9In section 34M (consultation with other Commissioners), in subsection (7),...
Local Government Act 2000
10The Local Government Act 2000 is amended as follows.
11Section 67 (consultation with ombudsmen) has effect, until the repeal...
12In section 70 (investigations: further provisions), in subsection (2), in...
Public Services Ombudsman (Wales) Act 2005
13The Public Services Ombudsman (Wales) Act 2005 is amended as...
14In the heading to Part 2 (investigation of complaints), after...
15In section 2 (power of investigation)— (a) in subsection (1),...
16In section 4 (who can complain), in subsection (1)—
17In section 7 (matters which may be investigated), in subsection...
18In section 9 (exclusion: other remedies)— (a) in subsection (1),...
19In section 10 (other excluded matters), in subsection (1), after...
20In section 14 (information, documents, evidence and facilities), before subsection...
21In section 23 (special reports: supplementary)— (a) in subsection (1),...
22Omit the italic cross-heading before section 25 (consultation and co-operation)....
23Omit sections 25 to 25B (consultation and co-operation).
24Omit the italic cross-heading before section 26 (disclosure).
25Omit sections 26 and 27 (disclosure of information).
26Omit section 32 (protection from defamation claims).
27In section 41 (interpretation), in subsection (1)—
28In the heading to section 42 (former health care providers...
29(1) Section 42 (former health care providers and social landlords:...
30(1) Schedule 1 (Public Services Ombudsman for Wales: appointment etc)...
31In the title to Schedule 2, after “MATTERS” insert “...
Commissioner for Older People (Wales) Act 2006
32The Commissioner for Older People (Wales) Act 2006 is amended...
33In section 18 (power to disclose information), in subsection (1),...
34In Schedule 4 (minor and consequential amendments), in paragraph 2,...
Government of Wales Act 2006
35In Schedule 10 to the Government of Wales Act 2006...
Welsh Language (Wales) Measure 2011
36(1) Schedule 3 to the Welsh Language (Wales) Measure 2011...

Social Services and Well-being (Wales) Act 2014

2014 anaw 4

An Act of the National Assembly for Wales to reform social services law; to make provision about improving the well-being outcomes for people who need care and support and carers who need support; to make provision about co-operation and partnership by public authorities with a view to improving the well-being of people; to make provision about complaints relating to social care and palliative care; and for connected purposes.

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:C1C2C3C4

Annotations:
Modifications etc. (not altering text)
C1

Act excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127, Sch. 1 para. 1(1) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)

C2

Act excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127, Sch. 1 para. 3(2) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)

C3

Act excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127, Sch. 1 para. 4(2)(b) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)