EXPLANATORY NOTE
(This note is not part of the Regulations)
Under Part 4 of the Social Services and Well-being (Wales) Act 2014 (“the Act”) a local authority may meet a person’s care and support needs by providing accommodation. Regulations under section 57 of the Act may provide that where a local authority is going to meet needs under sections 35 to 38 of the Act by providing or arranging for the provision of accommodation of a specified type for a person, and the person concerned has expressed a preference for particular accommodation of that type, the local authority must provide or arrange for the provision of the preferred accommodation. These Regulations apply to cases where a local authority is meeting care and support needs of adults and children through provision of care home accommodation.
Regulation 2 of these Regulations specifies circumstances in which the obligation to provide or arrange for the provision of the person’s preferred accommodation applies.
Regulation 3 specifies the conditions which must be met in order for the local authority to be required to provide or arrange for the provision of the person’s preferred accommodation.
Regulation 4 sets out the “additional cost condition”. Where the cost of a person’s preferred accommodation is more than the cost that the local authority would usually expect to incur in providing or arranging for the provision of suitable accommodation of that type to meet the needs of the person concerned, the local authority is not required to provide or arrange for the provision of that accommodation unless the additional cost condition is met.
Regulation 5 provides that a local authority must give written reasons for a refusal to provide or arrange for the provision of a person’s preferred accommodation.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Health and Social Services Group, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.