Social Services and Well-being (Wales) Act 2014

193 Recovery of costs between local authorities E+W

(1) Subsection (2) applies where—

(a) a local authority (“authority A”) provides or arranges care and support to a person who is ordinarily resident in the area of another local authority (“authority B”), and

(b) the care and support was provided either—

(i) to meet urgent needs in order to safeguard the person's well-being, or

(ii) with the consent of authority B.

(2) Authority A may recover from authority B any reasonable expenses incurred by it in providing or arranging the care and support.

(3) Where a local authority provides accommodation under section 76(1) for a child who was (immediately before it began to look after the child) ordinarily resident within the area of another local authority [F1 or local authority in England], it may recover from that other authority any reasonable expenses incurred by it in providing the accommodation and maintaining the child.

(4) Subsection (5) applies where a local authority (“authority A”) provides accommodation under section 77(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority [F2 or local authority in England] (“authority B”) and it is not maintaining the child in—

(a) a community home provided by authority A,

(b) a controlled community home, or

(c) a hospital vested in the Welsh Ministers, an NHS Trust, an NHS Foundation Trust or the Secretary of State, or any other hospital made available pursuant to arrangements made by a Local Health Board, an NHS Trust, an NHS Foundation Trust, the Welsh Ministers, the Secretary of State, [F3 NHS England] or [F4 an integrated care board].

(5) Authority A may recover from authority B any reasonable expenses incurred by it in providing the accommodation and maintaining the child.

(6) Except where [F5 subsection (7) or (8)] applies, where a local authority complies with any request under section 164(1) or (2) [F6 , or under section 27(2) of the Children Act 1989 (co-operation between authorities),] in relation to a person who is not ordinarily resident within its area, it may recover from the local authority [F7 or local authority in England] in whose area the person is ordinarily resident any reasonable expenses incurred by it in respect of that person.

(7) Where a local authority (“authority A”) complies with any request under section 164(1) or (2) from another local authority (“authority B”) in relation to a person for whom authority B is the responsible local authority within the meaning of section 104, authority A may recover from authority B any reasonable expenses incurred by it in exercising its functions under sections 105 to 115 in respect of that person.

[F8 (8) Where a local authority (“authority A”) complies with any request under section 27(2) of the Children Act 1989 (co-operation between authorities) from a local authority in England (“authority B”) in relation to a person—

(a) whose responsible authority (within the meaning of Part 3 of that Act) is authority B for the purposes of section 23B or 23C of that Act, or

(b) whom authority B are advising or befriending or to whom it is giving assistance by virtue of section 24(5)(a) of that Act,

authority A may recover from authority B any reasonable expenses incurred by it in exercising its functions under sections 105 to 115 of this Act in respect of that person.]

Textual Amendments

F1 Words in s. 193(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 315(a)

F2 Words in s. 193(4) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 315(b)

F3 Words in s. 193(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 30(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F4 Words in s. 193(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 224(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5 Words in s. 193(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 315(c)(i)

F6 Words in s. 193(6) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 315(c)(ii)

F7 Words in s. 193(6) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 315(c)(iii)

F8 S. 193(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 315(d)

Commencement Information

I1 S. 193 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)