Social Services and Well-being (Wales) Act 2014

• (c) review the exercise of a local authority social services function of a particular description (whether exercised by a single local authority or by two or more authorities working together);

• (d) review the exercise of a local authority social services function by a particular person or persons.

• (3) A reference in subsection (2) to the exercise by a local authority of local authority social services functions includes a reference to the commissioning of any services in connection with those functions.

• (4) The Welsh Ministers must—

• (a) prepare and publish a report of a review conducted under subsection (1), and

• (b) lay a copy of the report before the National Assembly for Wales.

• (5) Regulations may make provision about ratings that may be given in relation to the exercise of a specified local authority social services function.

• (6) If regulations are made under subsection (5) in relation to the exercise of a local authority social services function, the Welsh Ministers must⁠—

• (a) in conducting a review of the exercise of that function give a rating in accordance with the regulations, and

• (b) include the rating in their report of the review.

• (7) Before making regulations under subsection (5) the Welsh Ministers must consult any persons they think appropriate.

• (8) But the requirement to consult does not apply to regulations which—

• (a) amend other regulations made under that subsection, and

• (b) do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

149C

• (1) Regulations may make provision for a local authority to pay a fee in respect of a review under section 149B(1).

• (2) Regulations under subsection (1) may include provision—

• (a) specifying the amount of any fee or permitting the Welsh Ministers to determine the amount of any fee (subject to any limits or other factors as may be specified in the regulations);

• (b) specifying the time by which a fee is to be payable or specifying factors by which that time is to be determined by the Welsh Ministers.

149D

When conducting a review under section 149A or 149B, the Welsh Ministers must, in relation to the local authority social services functions under review, have regard to—

• (a) the availability and accessibility of the services;

• (b) the quality and effectiveness of the services;

• (c) the management of the services;

• (d) the economy and efficiency of their provision and their value for money;

• (e) the availability and quality of information provided to people in the local authority area about the services;

• (f) the duties imposed on local authorities by sections 5 (duty to promote well-being), 6 (other overarching duties) and 7 (duties relating to UN Principles and Convention) in so far as they are relevant to the services and the effectiveness of measures taken by a local authority to fulfil those duties;

• (g) the effectiveness of measures taken by a local authority to achieve the outcomes specified in a statement issued by the Welsh Ministers under section 8 (statement of outcomes relating to well-being) in so far as they are relevant to the services;

• (h) any performance measures and performance targets set out in a code issued under section 9 that they think are relevant;

• (i) any requirements or guidelines contained in a code issued under section 145 that they think are relevant;

• (j) the extent to which a local authority has involved people in the local authority area—

• (i) in decisions about the way in which its social services functions are exercised, and

• (ii) in reviewing the exercise of those functions.

Enforcement

161A

• (1) The Welsh Ministers must prepare and publish a code of practice about the manner in which inspections of premises under section 161 are to be carried out (including about the frequency of such inspections).

• (2) The Welsh Ministers may revise the code and must publish a revised code.

• (3) An inspector must have regard to the most recently published code when carrying out an inspection under section 161.

161B

• (1) The Welsh Ministers may require a person falling within subsection (2) to provide them with—

• (a) any documents, records (including medical or other personal records) or other information—

• (i) which relate to the exercise of a social services function of a local authority, and

• (ii) which the Welsh Ministers consider it necessary or expedient to have for the purposes of a review under section 149A or 149B;

• (b) an explanation of the content of—

• (i) any documents, records or other information provided under paragraph (a), or

• (ii) any documents or records provided to an inspector conducting an inspection of premises under section 161 in connection with a review under section 149B.

• (2) The following persons fall within this subsection—

• (a) a local authority;

• (b) a person providing a service in connection with the exercise of a local authority social services function;

• (c) a Local Health Board;

• (d) an NHS trust,

but a Local Health Board or NHS trust cannot be required to provide an explanation of the content of any documents or records provided to an inspector conducting an inspection of premises under section 161.

• (3) A person is not required to provide documents, records or other information under subsection (1) if the person is prohibited from providing them by any enactment or other rule of law.

• (4) The power in subsection (1) includes power to require documents or records to be produced in a form which is legible and portable.

161C

• (1) It is an offence for a person—

• (a) to intentionally obstruct the carrying out of an inspection of premises under section 161 by an inspector, or

• (b) to fail to comply with any requirement imposed on the person by an inspector carrying out such an inspection.

• (2) It is an offence for a person to fail to comply with a requirement imposed on the person by the Welsh Ministers under section 161B(1).

• (3) It is a defence for a person charged with an offence under subsection (1)(b) or (2) to show that the person had a reasonable excuse for not complying with the requirement.

• (4) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to a fine, or to imprisonment for a term not exceeding 6 months, or to both;

• (b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both.

• (5) Sections 53 (offences by bodies corporate), 54 (offences by unincorporated bodies) and 55 (proceedings for offences) of the Regulation and Inspection of Social Care (Wales) Act 2016 apply to an offence under this section as they apply to offences under Part 1 of that Act.

Regulations about looked after children

Rules of court

Privacy for children involved in proceedings under this Part

Adults at risk

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

Recovery of costs between local authorities

Orders and regulations

Power to make consequential and transitional provision etc

49A

• (1) Regulations may require or allow a local authority to make payments to a person towards the cost of meeting the needs of—

• (a) an adult (“A”), under section 35 or 36;

• (b) a child (“C”), under section 37, 38 or 39;

• (c) a carer (“R”), under section 40, 42 or 45.

• (2) But regulations under subsection (1) may not require or allow such payments to be made unless—

• (a) where the payments are to be made to meet an adult’s needs under section 35 or 36, condition 1, 2 or 3 in section 50 is met;

• (b) where the payments are to be made to meet a child’s needs under section 37, 38 or 39, condition 1 or 2 in section 51 is met;

• (c) where the payments are to be made to meet a carer’s needs under section 40, 42 or 45, condition 1 or 2 in section 52 is met.

• (3) A payment under this section is referred to in this Act as a “direct payment.

53A

The ways in which a local authority may discharge its duty under section 117 of the Mental Health Act 1983 include by making direct payments, and for that purpose Schedule A1 has effect.

75A

• (1) Before the beginning of each financial year a local authority must prepare and publish a plan (an “annual sufficiency plan”) setting out the steps it will take in that year in pursuance of its duty under section 75(1).

• (2) An annual sufficiency plan must—

• (a) be in such form as may be prescribed by regulations, and

• (b) be approved by the Welsh Ministers before publication (see sections 75B and 75C).

• (3) An annual sufficiency plan must include, in relation to the financial year to which it relates—

• (a) the number of children the local authority estimates—

• (i) that it will be looking after, and

• (ii) in respect of whom it will be unlikely to be able to make arrangements under section 81(2);

• (b) an assessment of the amount of accommodation provided by local authority foster parents and children’s homes that will be available to the local authority for the purpose of placing children described in paragraph (a) in accordance with section 81A(2);

• (c) an assessment of the extent to which that accommodation meets the requirements of paragraphs (a) to (b) of section 75(1);

• (d) in relation to applications the local authority anticipates making for approval of supplementary placements in accordance with section 81B—

• (i) an estimate of the number of applications anticipated,

• (ii) the reasons why that number of applications is likely to be made,

• (iii) information to be prescribed in regulations about for-profit providers who provide accommodation in Wales and who are likely to be named in those applications, and

• (iv) information to be prescribed in regulations about private providers who provide accommodation in England and who are likely to be named in those applications;

• (e) information about how steps to be taken by the local authority are intended to ensure that the authority has sufficient accommodation that meets the requirements of paragraphs (a) to (b) of section 75(1);

• (f) such other information as may be prescribed by regulations.

• (4) For the purposes of subsection 3(d)(iii) and section 81B, a “for-profit provider” means—

• (a) in relation to accommodation provided by local authority foster parents, a service provider that does not fall within the descriptions given in section 81A(4)(a);

• (b) in relation to accommodation provided by a children’s home, a service provider that does not fall within the descriptions given in section 81A(4)(b).

• (5) For the purposes of subsection 3(d)(iv) and section 81B, a “private provider” means—

• (a) in relation to accommodation provided by local authority foster parents, a person in England that is registered in respect of a fostering agency under Part 2 of the Care Standards Act 2000;

• (b) in relation to accommodation provided by a children’s home, a person, other than a local authority, that is registered in respect of the children’s home under Part 2 of the Care Standards Act 2000.

• (6) In this section and section 81A, “service provider” has the meaning given by section 3(1)(c) of the Regulation and Inspection of Social Care (Wales) Act 2016.

75B

• (1) Before publishing its annual sufficiency plan, a local authority must—

• (a) prepare a draft of the plan, and

• (b) submit the draft to the Welsh Ministers for their approval.

• (2) The first draft plan must be submitted to the Welsh Ministers no later than 4 months before the beginning of the financial year to which it relates.

• (3) Subsequent draft plans must be submitted to the Welsh Ministers no later than 2 months before the beginning of the financial year to which they relate.

• (4) Where the Welsh Ministers approve a draft of an annual sufficiency plan they must notify the local authority of their decision.

75C

• (1) This section applies if the Welsh Ministers decide not to approve a draft of an annual sufficiency plan submitted to them by a local authority under section 75B.

• (2) The Welsh Ministers must notify the local authority setting out—

• (a) the reasons for the decision;

• (b) the period before the end of which the local authority must submit a further draft of the plan to the Welsh Ministers.

• (3) The local authority must submit a further draft of the plan together with a report explaining how, in preparing the draft, the local authority has taken account of the reasons set out in the notice given under subsection (2).

• (4) Section 75B(4) applies where the Welsh Ministers approve a further draft submitted to them under this section as it applies where the Welsh Ministers approve a draft submitted to them under section 75B.

• (5) Subsections (2) and (3) apply where the Welsh Ministers decide not to approve a further draft submitted to them under this section as they apply where the Welsh Ministers decide not to approve a draft submitted to them under section 75B.

75D

In relation to each financial year for which an annual sufficiency plan has been made under section 75A, an annual report prepared by a local authority under section 144A must set out—

• (a) how steps taken by the local authority in that financial year have increased (or are expected to increase) the amount of accommodation available to the authority that meets the requirements of paragraphs (a) to (b) of section 75(1);

• (b) the number of applications the local authority made in that financial year for approval to place children in a supplementary placement in accordance with section 81B;

• (c) the reasons for any difference between the number of applications provided under paragraph (b) and the number of applications the local authority had estimated under section 75A(3)(d)(i) it would make during the year.