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Social Services and Well-being (Wales) Act 2014

Type Act of Senedd Cymru

Publication 2014-05-01

Last updated 2026-09-01

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

“authorised person” (“person awdurdodedig”) means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide on behalf of the person cared for by the carer whether to have the needs in question met by the provision of care and support to that person;

“standard charge” (“ffi safonol”) has the meaning given by section 63(3).

(14) For the meaning of “financial assessment” and “financial limit” see Part 5.

Supplementary provision about the duties to meet carer’s needs

44

(1) This section applies in relation to the duties under sections 40 and 42.

(2) Meeting some or all of a carer's needs for support may involve the provision of care and support to the person cared for by the carer, even where there would be no duty to meet the person's needs for that care and support under section 35 or 37.

(3) Where a local authority is required by section 40 or 42 to meet some or all of a carer's needs for support, but it does not prove feasible for it to do so by providing care and support to the person cared for by the carer, it must, so far as it is feasible to do so, identify some other way in which to do so.

Power to meet support needs of a carer

45

(1) A local authority may meet a carer's needs for support if the person cared for by the carer is—

(a) within the local authority's area, or

(b) ordinarily resident in the authority's area, but outside its area.

(2) A local authority has the power to meet needs under this section whether or not it has completed a needs assessment in accordance with Part 3 or a financial assessment in accordance with Part 5.

Meeting needs: exceptions and restrictions

Exception for persons subject to immigration control

46

(1) A local authority may not meet the needs for care and support of an adult to whom section 115 of the Immigration and Asylum Act 1999 (“the 1999 Act”) (exclusion from benefits) applies and whose needs for care and support have arisen solely—

(a) because the adult is destitute, or

(b) because of the physical effects, or anticipated physical effects, of being destitute.

(2) For the purposes of subsection (1), section 95(2) to (7) of the 1999 Act applies but with the references in section 95(4) and (5) of that Act to the Secretary of State being read as references to the local authority in question.

(3) But, until the commencement of section 44(6) of the Nationality, Immigration and Asylum Act 2002, subsection (2) is to have effect as if it read as follows—

(2) For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999 Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to the local authority in question.

(4) The reference in subsection (1) to meeting an adult's needs for care and support includes a reference to doing so in order to meet a carer's needs for support.

Exception for provision of health services

47

(1) A local authority may not meet a person's needs for care and support (including a carer's needs for support) under sections 35 to 45 by providing or arranging for the provision of a service or facility which is required to be provided under a health enactment, unless

(a) doing so would be incidental or ancillary to doing something else to meet needs under those sections

, and

(b) the service or the facility in question would be of a nature that the local authority could be expected to provide.

(2) A local authority may not secure services or facilities for a person under section 15 (preventative services) that are required to be provided under a health enactment, unless

(a) doing so would be incidental or ancillary to securing another service or facility for that person under that section

, and

(b) the service or the facility in question would be of a nature that the local authority could be expected to provide.

(3) Regulations may specify—

(a) types of services or facilities which may, despite subsections (1) and (2), be provided or arranged by a local authority, or circumstances in which such services or facilities may be so provided or arranged;

(b) types of services or facilities which may not be provided or arranged by a local authority, or circumstances in which such services or facilities may not be so provided or arranged;

(c) services or facilities, or a method for determining services or facilities, the provision of which is, or is not, to be treated as incidental or ancillary for the purposes of subsection (1) or (2).

(4) A local authority may not meet a person's needs for care and support (including a carer's needs for support) under sections 35 to 45 by providing or arranging for the provision of nursing care by a registered nurse.

(5) A local authority may not secure the provision of nursing care by a registered nurse in discharging its duty under section 15.

(6) But a local authority may, despite subsections (1), (2), (4) and (5), arrange for the provision of accommodation together with nursing care by a registered nurse—

(a) if the authority has obtained consent for it to arrange for the provision of the nursing care from—

(i) whichever Local Health Board regulations require, in the case of accommodation in Wales, Scotland or Northern Ireland, or

(ii) whichever English health body regulations require, in the case of accommodation in England, or

(b) in an urgent case and where the arrangements are temporary.

(7) In a case to which subsection (6)(b) applies, the local authority must seek to obtain the consent mentioned in subsection (6)(a) as soon as is feasible after the temporary arrangements are made.

(8) Regulations may require a local authority—

(a) to make arrangements in connection with the resolution of disputes between the authority and a health body about whether or not a service or facility is required to be provided under a health enactment;

(b) to be involved in the manner specified in processes for assessing a person's needs for health care and deciding how those needs should be met.

(9) Nothing in this section affects what a local authority may do under the National Health Service (Wales) Act 2006, including entering into arrangements under regulations made under section 33 of that Act (arrangements with NHS bodies).

(10) In this section—

an “English health body” (“corff iechyd Seisnig”) means— an integrated care board; NHS England;

a “health body” (“corff iechyd”) means—a Local Health Board; an integrated care board; NHS England; a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;a Special Health Board constituted under that section;a Health and Social Care trust;

a “health enactment” (“deddfiad iechyd”) means—the National Health Service (Wales) Act 2006;the National Health Service Act 2006;the National Health Service (Scotland) Act 1978;the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));the Health and Social Care (Reform) Act (Northern Ireland) 2009;

“nursing care” (“gofal nyrsio”) means a service which involves either the provision of care or the planning, supervision or delegation of the provision of care, but does not include a service which, by its nature and in the circumstances in which it is to be provided, does not need to be provided by a registered nurse.

Exception for provision of housing etc

48

A local authority may not meet an adult's needs for care and support (including a carer's needs for support) under sections 35 to 45 or discharge its duty under section 15 by doing anything which that authority or another local authority is required to do under—

(a) the Housing (Wales) Act 2014, or

(b) any other enactment specified in regulations.

Restrictions on provision of payments

49

(1) A local authority may not provide payments to meet a person's needs for care and support or a carer's needs for support under sections 35 to 45 unless—

(a) the payments are direct payments (see sections sections 49A to 53A),

(b) the authority considers—

(i) that the person's needs are urgent, and

(ii) that it would not be reasonably practicable to meet those needs in any other way,

(d) the payments are provided in circumstances specified in regulations.

(2) A local authority may not provide payments in the discharge of its duty under section 15(1) unless—

(a) the authority considers—

(i) that the payments would achieve one or more of the purposes mentioned in section 15(2), and

(ii) that it would not be reasonably practicable to achieve that purpose or those purposes in any other way,

(b) the payments are provided under or by virtue of a contract which relates to the provision of services for the authority's area, or

Direct payments

Direct payments to meet an adult’s needs

50

(1) The conditions referred to in section 49A(2)(a) in relation to making direct payments towards the cost of meeting the needs of an adult (“A”) under section 35 or 36 are as follows.

(2) Condition 1 is that—

(a) the payments are to be made to A,

(b) the local authority believes that A has capacity to consent to the making of the payments,

(i) making the payments is an appropriate way of meeting A’s needs, and

(ii) A is capable of managing the payments (either by themselves or with the support that is available to them), and

(d) A has consented to the making of the payments.

(3) Condition 2 is that—

(a) the payments are to be made to a person other than A (“B”),

(b) the local authority believes that A does not have capacity to consent to the making of the payments,

(d) the local authority is satisfied that—

(i) making the payments is an appropriate way of meeting A’s needs,

(ii) B is capable of managing the payments (either by themselves or with the support that is available to them), and

(iii) B will act in A’s best interests in managing the payments, and

(e) the necessary consent has been obtained to make the payments to B.

(4) Condition 3 is that—

(a) the payments are to be made to a person who is nominated by A (“N”),

(b) the local authority believes that A has capacity to consent to the making of the payments,

(i) making the payments is an appropriate way of meeting A’s needs, and

(ii) N is capable of managing the payments (either by themselves or with the support that is available to them),

(d) A has consented to the making of the payments, and

(e) N has consented to receive the payments.

(5) For the purposes of subsection (3)(c), B is a “suitable person”—

(a) if B is authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A’s needs for care and support,

(b) where B is not authorised as mentioned in paragraph (a), if a person who is so authorised agrees with the local authority that B is suitable to receive payments towards the cost of meeting A’s needs for care and support, or

(c) where B is not authorised as mentioned in paragraph (a) and there is no person who is so authorised, if the local authority considers that B is suitable to receive payments of that kind.

(6) For the purposes of subsection (3)(e), the “necessary consent” means—

(a) the consent of B, and

(b) where B is a suitable person by virtue of subsection (5)(b), the consent of a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A’s needs for care and support.

Direct payments to meet a child’s needs

51

(1) The conditions referred to in section 49A(2)(b) in relation to making direct payments towards the cost of meeting the needs of a child (“C”) under section 37, 38 or 39 are as follows.

(2) Condition 1 is that—

(a) the payments are to be made to a person (“P”) who is—

(i) C, or

(ii) a person with parental responsibility for C,

(b) where P is—

(i) an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of the payments;

(ii) a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to receive the payments,

(i) making the payments is an appropriate way of meeting C’s needs,

(ii) C’s well-being will be safeguarded and promoted by the making of the payments, and

(iii) P is capable of managing the payments (either by themselves or with the support that is available to them), and

(d) P has consented to the making of the payments.

(3) Condition 2 is that—

(a) the payments are to be made to a person who is nominated by P (“N”),

(b) where P is—

(i) an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of the payments;

(ii) a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to the making of the payments,

(i) making the payments is an appropriate way of meeting C’s needs,

(ii) the well-being of C will be safeguarded and promoted by the making of the payments,

(iii) N will act in C’s best interests in managing the payments, and

(iv) N is capable of managing the payments (either by themselves or with the support that is available to them),

(d) P has consented to the making of the payments, and

(e) N has consented to receive the payments.

Direct payments to meet a carer’s needs

52

(1) The conditions referred to in section 49A(2)(c) in relation to making direct payments towards the cost of meeting the needs of a carer (“R”) under section 40, 42 or 45 are as follows.

(2) Condition 1 is that—

(a) the payments are to be made to R,

(b) where R is—

(i) an adult or a child aged 16 or 17, the local authority believes that R has capacity to consent to the making of the payments;

(ii) a child aged under 16, the local authority is satisfied that R has sufficient understanding to make an informed decision about consenting to receive the payments,

(i) making the payments is an appropriate way of meeting R’s needs, and

(ii) R is capable of managing the payments (either by themselves or with the support that is available to them), and

(d) R has consented to the making of the payments.

(3) Condition 2 is that—

(a) the payments are to be made to a person who is nominated by R (“N”),

(b) where R is—

(i) an adult or a child aged 16 or 17, the local authority believes that R has capacity to consent to the making of the payments;

(ii) a child aged under 16, the local authority is satisfied that R has sufficient understanding to make an informed decision about consenting to the making of the payments,

(i) making the payments is an appropriate way of meeting R’s needs,

(ii) where R is a child aged under 16, N will act in R’s best interests in managing the payments, and

(iii) N is capable of managing the payments (either by themselves or with the support that is available to them),

(d) R has consented to the making of the payments, and

(e) N has consented to receive the payments.

Direct payments: further provision

53

(1) Regulations under section 49A may also make provision about the following matters (among other matters)—

(a) the manner in which the amounts of the direct payments are to be determined;

(b) the making of direct payments as gross payments or alternatively as net payments;

(i) the financial resources of specified persons, and

(ii) the amount (if any) that it would be reasonably practicable for those persons to pay by way of reimbursement (in the case of gross payments) or contribution (in the case of net payments);

(d) matters to which a local authority may or must have regard when making a decision of a specified type about direct payments;

(e) conditions which a local authority may or must attach, and conditions which it must not attach, in relation to direct payments;

(f) steps which a local authority may or must take before, or after, making a decision of a specified type about direct payments;

(g) support which a local authority must provide or arrange for persons to whom it makes direct payments;

(h) cases or circumstances in which a local authority may act as an agent on behalf of a person to whom direct payments are made;

(i) conditions subject to which, and the extent to which, a local authority's duty or power to meet a person's needs for care and support or a carer's needs for support is displaced by the making of direct payments;

(j) cases or circumstances in which a local authority must not, or is allowed not to, make payments to a person or in relation to a person;

(k) cases or circumstances in which a person who no longer lacks, or who the local authority believes no longer lacks, capacity to consent to the making of direct payments must or may nonetheless be treated for the purposes of sections 49A to 52 as lacking capacity to do so;

(l) cases or circumstances in which a local authority making direct payments may or must review the making of those payments;

(m) cases or circumstances in which a local authority making direct payments may or must—

(i) terminate the making of those payments;

(ii) require the repayment of the whole or part of a direct payment;

(n) the recovery of any amount due to a local authority in connection with the making of direct payments.

(2) In subsection (1)(b) and (c)—

“gross payments” means direct payments—which are made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of the care and support (or, in the case of carers, the support) in respect of which the payments are made, butwhich may be made subject to the condition that a person specified in regulations pays to the authority, by way of reimbursement, an amount or amounts determined under the regulations;

“net payments” means direct payments—which are made on the basis that a person specified in regulations will pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the care and support (or, in the case of carers, the support) in respect of which the payments are made, andwhich are accordingly made at a rate below the rate the local authority estimates to be equivalent to the reasonable cost of securing the provision of that care and support (or, in the case of carers, that support) so as to reflect the contribution to be made by that person.

(3) Regulations under section 49A may make provision in relation to direct payments which corresponds to the provision which is made by, or may be made under, sections 59 to 67 or section 73.

(4) For the purposes of subsection (3), provision corresponds to that which is made by or under sections 59 to 67 or section 73 if it makes, in relation to reimbursements or contributions, provision which is in the opinion of the Welsh Ministers equivalent in effect to the provision made by or under those sections in relation to charges for providing or arranging the provision of care and support (or, in the case of carers, support) to meet a person's needs.

(5) Regulations under section 49A must require a local authority to take specified steps to enable relevant persons to make informed choices about the use of direct payments.

(6) In subsection (5) “relevant persons” means persons whose consent must be obtained to the making of direct payments under regulations made under section 49A.

(7) Regulations under section 49A(1)(b) must specify that where direct payments are made to a person who receives a benefit falling within a specified category, the payments—

(a) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of the care and support in respect of which the payments are made, and

(b) must not be made subject to any condition that requires a person to pay any amount to the authority by way of reimbursement.

(8) In subsection (7) “benefit” includes any allowance, payment, credit or loan.

(9) A person to whom a local authority makes a direct payment may, subject to regulations made under section 49A, use the payment to purchase care and support (or, in the case of a carer, support) from any person (including, among others, the authority which made the payment).

(10) A local authority may impose a reasonable charge for the provision of care and support (or, in the case of a carer, support) to meet needs in respect of which a direct payment has been made.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Plans

Care and support plans and support plans

54

(1) Where a local authority is required to meet the needs of a person under section 35 or 37, it must prepare and maintain a care and support plan in relation to that person.

(2) Where a local authority is required to meet the needs of a carer under section 40 or 42, it must prepare and maintain a support plan in relation to that carer.

(3) A local authority must keep under review the plans that it maintains under this section.

(4) Where a local authority is satisfied that the circumstances of the person to whom a plan relates have changed in a way that affects the plan, the authority must—

(a) carry out such assessments as it considers appropriate, and

(b) revise the plan.

(5) Regulations must make provision about—

(a) how plans under this section are to be prepared;

(b) what a plan is to contain;

(6) Regulations under subsection (5)(c) must specify, in particular—

(a) the persons who may request a review of a plan (on their own behalf or on behalf of another person);

(b) the circumstances in which a local authority—

(i) may refuse to comply with a request for a review of a plan, and

(ii) may not refuse to do so.

(7) When preparing, reviewing or revising a plan under this section, a local authority must involve—

(a) in the case of a care and support plan relating to an adult, the adult and, where feasible, any carer that the adult has;

(b) in the case of a care and support plan relating to a child, the child and any person with parental responsibility for the child;

(c) in the case of a support plan relating to a carer, the carer and, where feasible, the person for whom the carer provides or intends to provide care.

(8) The local authority may—

(a) prepare, review or revise a plan under this section at the same time as it or another body is preparing, reviewing or revising another document in the case of the person concerned, and

(b) include the other document in the plan.

Regulations about care and support plans and support plans

55

Regulations under section 54(5) may, for example—

(a) require plans to be in a specified form;

(b) require plans to contain specified things;

(c) make provision about further persons whom a local authority must involve in the preparation, review or revision of plans;

(d) require plans to be prepared, reviewed or revised by specified persons;

(e) confer functions on persons specified in the regulations in connection with the preparation, review or revision of plans;

(f) specify persons to whom written copies of a plan must be provided (including, in specified cases, the provision of copies without the consent of the person to whom the plan relates);

(g) specify further circumstances in which plans must be reviewed.

Supplementary

Portability of care and support

56

(1) Where a local authority (“the sending authority”) is notified by or on behalf of a person in respect of whom it has a duty under section 35 or 37 to meet needs for care and support that the person is going to move to the area of another local authority (“the receiving authority”), and it is satisfied that the move is likely to happen, it must—

(a) notify the receiving authority that it is so satisfied, and

(b) provide the receiving authority with—

(i) a copy of the care and support plan prepared for the person, and

(ii) such other information relating to the person and, if the person has a carer, such other information relating to the carer as the receiving authority may request.

(2) Where the receiving authority is notified by or on behalf of a person in respect of whom the sending authority has a duty under section 35 or 37 to meet needs for care and support that the person is going to move to the receiving authority's area, and the receiving authority is satisfied that the move is likely to happen, it must—

(a) notify the sending authority that it is so satisfied,

(b) provide the person and, if the person has a carer, the carer with such information as it considers appropriate,

(c) if the person is a child, provide the persons with parental responsibility for the child with such information as it considers appropriate, and

(d) assess the person under section 19 (if the person is an adult) or 21 (if the person is a child), having regard in particular to any change in the person's needs for care and support arising from the move.

(3) If, on the day the person moves to its area, the receiving authority has yet to carry out the assessment required by subsection (2)(d), or has done so but has yet to carry out the other steps required by this Part or Part 5, it must meet the person's needs for care and support in accordance with the care and support plan prepared by the sending authority, in so far as that is reasonably practicable.

(4) In carrying out the assessment required by subsection (2)(d), the receiving authority must have regard to the care and support plan provided under subsection (1)(b).

(5) The receiving authority is subject to the duty under subsection (3) until it has—

(a) carried out the assessment required by subsection (2)(d), and

(b) taken the other steps required under this Part or Part 5.

(6) Regulations may—

(a) specify steps which a local authority must take to satisfy itself in respect of the matters mentioned in subsections (1) and (2);

(b) specify matters to which a receiving authority must have regard in deciding how to comply with the duty under subsection (3);

(7) A reference in this section to moving to an area is a reference to moving to that area with a view to becoming ordinarily resident there.

Cases where a person expresses preference for particular accommodation

57

(1) Regulations may provide that where—

(a) a local authority is going to meet needs under sections 35 to 38 or sections 40 to 45 by providing or arranging for the provision of accommodation of a specified type for a person,

(b) the person concerned, or a person of a specified description, expresses a preference for particular accommodation of that type, and

the local authority must provide or arrange for the provision of the preferred accommodation.

(2) The regulations may require the person concerned or a person of a specified description to pay some or all of the additional cost (if any) of the preferred accommodation in specified cases or circumstances.

(3) In subsection (2) “additional cost” means the difference between—

(a) the cost of providing or arranging the provision of the preferred accommodation, and

(b) the cost that the local authority would usually expect to incur in providing or arranging the provision of suitable accommodation of that type to meet the needs of the person concerned.

Protecting property of persons being cared for away from home

58

(1) This section applies where—

(a) a person is having needs for care and support met under section 35, 36, 37 or 38 in a way that involves the provision of accommodation , is admitted to hospital (or both), and

(b) it appears to a local authority that there is a danger of loss or damage to movable property of the person's in the authority's area because—

(i) the person is unable (whether permanently or temporarily) to protect or deal with the property, and

(ii) no suitable arrangements have been or are being made.

(2) The local authority must take reasonable steps to prevent or mitigate the loss or damage.

(3) For the purpose of discharging that duty, the local authority—

(a) may at all reasonable times and on reasonable notice enter any premises which the person was living in immediately before being provided with accommodation or admitted to hospital, and

(b) may take any other steps which it considers reasonably necessary for preventing or mitigating loss or damage.

(4) The local authority must ensure that the following requirements are satisfied before taking any steps under subsection (3)(a) or (b)—

CASE 1 - where the local authority is satisfied that the person is—an adult or a child aged 16 or 17 who has capacity to consent to the taking of the steps, ora child aged under 16 who has sufficient understanding to make an informed decision about whether to consent to the taking of the steps,the local authority must obtain the person's consent to the taking of the steps;

CASE 2 - where the local authority is satisfied that the person is an adult who lacks capacity to consent to the taking of the steps—the local authority must obtain consent to the taking of the steps from a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to give consent on the adult's behalf, if any person is so authorised, orif there is no person so authorised, the local authority must be satisfied that the taking of the steps would be in the adult's best interests;

CASE 3 - where the local authority is satisfied that the person is a child aged 16 or 17 who lacks capacity to consent to the taking of the steps—the local authority must obtain consent to the taking of the steps from a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to give consent on the child's behalf, if any person is so authorised, orif there is no person so authorised, the local authority must obtain consent to the taking of the steps from a person with parental responsibility for the child;

CASE 4 - where the local authority is satisfied that the person is a child aged under 16 who does not have sufficient understanding to make an informed decision about whether to consent to the taking of the steps, the local authority must obtain consent to the taking of the steps from a person with parental responsibility for the child.

(5) The local authority must take reasonable steps to obtain any consent which may be needed under subsection (4).

(6) Where the local authority is unable to ensure that the requirements in subsection (4) are satisfied, the local authority's duty under subsection (2) ceases to apply.

(7) Where a local authority is proposing to exercise the power under subsection (3)(a) or (b), the officer it authorises to do so must, upon request, produce valid documentation setting out the authorisation to do so.

(8) A person who, without reasonable excuse, obstructs the exercise of the power under subsection (3)(a) or (b)—

(a) commits an offence, and

(b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(9) A local authority may recover whatever reasonable expenses it incurs under this section in relation to an adult's movable property from that adult.

(10) An amount recoverable under subsection (9) is recoverable summarily as a civil debt (but this does not affect any other method of recovery).

PART 5 — CHARGING AND FINANCIAL ASSESSMENT

Charging for meeting needs

Power to impose charges

59

(1) A local authority may require a person to pay a charge to the authority for providing or arranging the provision of care and support or (in the case of a carer) support under sections 35 to 45 to meet a person's needs.

(2) A charge imposed under subsection (1) may cover only the cost that the local authority incurs in meeting the needs to which the charge applies.

(3) But where a local authority is meeting needs because section 35(4)(b)(ii), 36, 38, 41(2), (4) or (6)(a)(i), 43(2) or (4)(a)(i) or 45 applies, it may require a person to pay a charge to the authority (in addition to any charge imposed under subsection (1)) for putting in place the arrangements for meeting those needs.

(4) A local authority's power to impose a charge under this section is subject to—

(a) the provision made in regulations under section 61 or 62 (if any), and

(b) its duties under sections 63, 66 and 67 (if applicable).

Persons upon whom charges may be imposed

60

(1) This section describes the persons upon whom charges may be imposed under section 59.

(2) A charge for providing or arranging the provision of care and support to meet an adult's needs, or for putting in place the arrangements for that care and support, may be imposed on that adult.

(3) A charge for providing or arranging the provision of care and support to meet a child's needs, or for putting in place the arrangements for that care and support, may be imposed—

(a) where the care and support is provided to a child, on an adult with parental responsibility for that child;

(b) where the child's needs for care and support are being met by the provision of something to an adult, on that adult.

(4) A charge for providing or arranging the provision of support to meet a carer's needs, or for putting in place the arrangements for that support, may be imposed—

(a) where the support is provided to a carer who is an adult, on that carer;

(b) where the support is provided to a carer who is a child, on an adult with parental responsibility for that carer;

but this is subject to subsection (5).

(5) Where a carer's needs for support are met by the provision of care and support to a person for whom the carer provides or intends to provide care, subsection (4) does not apply; a charge for providing or arranging the provision of that support, or for putting in place the arrangements for that support, may instead be imposed—

(a) where the carer's needs for support are met by the provision of care and support to an adult, on that adult;

(b) where the carer's needs for support are met by the provision of care and support to a child, on an adult with parental responsibility for that child.

Regulations about the exercise of a power to impose a charge

61

(1) Regulations may make provision for and in connection with the exercise of a power to impose a charge under section 59.

(2) The regulations may (among other things) make provision about the amount of the charge which may be imposed under section 59(1); and the regulations may (in reliance on section 196(2)) do so, for example, by—

(a) specifying a maximum amount which may be imposed for care and support or (in the case of carers) support of a specified type or for a specified combination of such things, or a formula or method for determining that maximum amount;

(b) requiring a local authority to fix a charge for care and support or (in the case of carers) support of a specified type or for a specified combination of such things by reference to a specified period of time;

(c) specifying, in the case of a charge referred to in paragraph (b), a maximum amount which may be imposed, or a formula or method for determining that maximum amount.

(3) The regulations may also (among other things) make provision about the amount of the charge which may be imposed under section 59(3); and the regulations may (in reliance on section 196(2)) do so, for example, by specifying a maximum amount which may be imposed for putting arrangements in place—

(a) in specified circumstances, or

(b) for persons of a specified description.

Regulations disapplying a power to impose a charge

62

Regulations may disapply a local authority's power to impose a charge under section 59(1) or (3) (and so may require a local authority to meet needs under sections 35 to 45 free of charge); the regulations may (in reliance on section 196(2) require a local authority to do so where, for example, the care and support, or (in the case of carers) the support—

(a) is of a specified type;

(b) is provided or arranged in specified circumstances;

(d) is provided or arranged for a specified period only.

Duty to carry out a financial assessment

63

(1) This section applies in relation to a person on whom a local authority thinks it would impose a charge under section 59, were it to meet a person's needs for care and support or a carer's needs for support.

(2) The local authority must assess the level of the person's financial resources in order to determine whether it would be reasonably practicable for the person to pay the standard charge (but this is subject to section 65).

(3) In this Part “standard charge” means the amount that a local authority would charge under section 59 if no determination were made under section 66 as to a person's ability to pay that amount.

(4) An assessment under this section is referred to in this Act as a “financial assessment”.

Regulations about financial assessments

64

(1) Regulations must make provision for and in connection with carrying out financial assessments.

(2) The regulations must make provision for—

(a) calculating income;

(b) calculating capital.

(3) The regulations may also make provision for the following matters (among other matters)—

(a) the treatment, or non-treatment, of amounts of a specified type as income or as capital;

(b) cases or circumstances in which a person is to be treated as having financial resources which exceed a specified level (which may include, for example, cases in which the person being assessed has failed to provide to a local authority, upon request, information or documents in the person's possession or under the person's control);

Regulations disapplying the duty to carry out a financial assessment

65

Regulations may make provision about circumstances in which a local authority is not required (despite section 63) to carry out a financial assessment.

Determination as to a person’s ability to pay a charge

66

(1) Where a local authority has carried out a financial assessment—

(a) the authority must determine, in light of the assessment, whether it would be reasonably practicable for the assessed person to pay the standard charge for the care and support or (in the case of carers) the support in respect of which a charge would be imposed on that person, and

(b) if the authority determines that it would not be reasonably practicable for the assessed person to pay the standard charge, the authority must determine the amount (if any) that it would be reasonably practicable for that person to pay for that care and support or that support.

(2) In this section “the assessed person” means the person whose financial resources have been assessed under section 63.

(3) Regulations must make provision about the making of determinations under subsection (1).

(4) The regulations must require a local authority to determine, in a case where the assessed person's financial resources (whether income, capital, or a combination of both) exceed a specified level, that it would be reasonably practicable for that person to pay the standard charge.

(5) The level specified for the purposes of subsection (4) is referred to in this Act as “the financial limit”.

(6) The regulations may require a local authority to determine that it would not be reasonably practicable for the assessed person to pay any amount for the care and support or (in the case of carers) the support that would reduce the person's income or capital below specified levels; and the regulations may, (in reliance on section 196(2)) specify different levels—

(a) for income and for capital,

(b) for different circumstances, and

(7) The regulations may also (among other things) make provision about cases or circumstances in which a local authority must or may replace a determination with a new determination.

(8) A determination under subsection (1) has effect from a date that the local authority considers reasonable (which may be a date before that on which the determination was made); but this is subject to any provision made in regulations under subsection (9).

(9) Regulations may make provision as to the date from which a determination under subsection (1) is to have effect (and may include provision for a determination to have effect from a date before that on which it was made).

(10) Where a determination replaces an existing determination, the existing determination continues to have effect until the new determination has effect.

(11) For the purposes of subsection (10), a determination replaces an existing determination if it relates to the same person and the same care and support or (in the case of carers) support.

Duty to give effect of determination as to ability to pay a charge

67

(1) A local authority must give effect to a determination under section 66 in imposing charges under section 59.

(2) But regulations may make provision about circumstances in which the duty under subsection (1) does not apply.

Deferred payment agreements

68

(1) Regulations may specify cases or circumstances in which, or conditions subject to which, a local authority may or must enter into a deferred payment agreement with a person who is required (or is going to be required) to pay a charge under section 59.

(2) A deferred payment agreement is an agreement under which—

(a) the local authority agrees not to require payment of the person's required amount until the time specified in or determined in accordance with the regulations, and

(b) the person agrees to give the local authority a charge over the person's interest in his or her home to secure payment of the person's required amount.

(3) The person's required amount is so much of the charge that the person is required (or is going to be required) to pay under section 59 as is specified in or determined in accordance with the regulations.

(4) The regulations may require or permit the local authority to charge—

(a) interest on the person's required amount;

(b) such amount relating to the local authority's administrative costs as is specified in or determined in accordance with the regulations;

(5) The regulations may provide for interest referred to in subsection (4)(a) to be charged by means of an obligation in the deferred payment agreement and to be treated in the same way as the person's required amount.

(6) The regulations may—

(a) specify costs which are, or which are not, to be regarded as administrative costs for the purposes of subsection (4)(b);

(b) provide for an amount referred to in subsection (4)(b) or for interest referred to in subsection (4)(c) to be charged by means of an obligation in the deferred payment agreement and to be treated in the same way as the person's required amount.

(7) The local authority may not charge interest under regulations made under subsection (4) at a rate that exceeds the rate specified in or determined in accordance with the regulations.

(8) The regulations must make provision about the duration of the agreement and for its termination by either party; the regulations must, among other things, enable the person to terminate it and the charge to which it gives effect by—

(a) giving the local authority notice, and

(b) paying the authority the full amount for which the person is liable with respect to the person's required amount and any amount charged under regulations made by virtue of subsection (4).

(9) The regulations may make provision as to the rights and obligations of the local authority and the person where the person disposes of the interest to which the agreement relates and acquires an interest in another property in Wales or England; the regulations may, for example, make provision—

(a) for the local authority not to require payment of the amounts referred to in subsection (8)(b) until a time specified in or determined in accordance with the regulations, and

(b) for the person to give the local authority a charge over his or her interest in the other property.

(10) A reference to a person's home is a reference to the property which the person occupies as his or her only or main residence; and a reference to a person's interest in a property is a reference to the person's legal or beneficial interest in that property.

(11) Regulations may apply this section, with or without modifications, for the purpose of enabling a person to agree to give a charge over the person's interest in a property in Wales or England which he or she used to occupy as his or her only or main residence.

Charging for preventative services and assistance

69

(1) Regulations may make provision about charges for—

(a) services provided under section 15;

(b) assistance provided under section 17.

(2) But the regulations may not make provision—

(a) which enables a charge to be imposed for services or assistance in respect of which a charge has been imposed under section 59,

(b) which enables a charge to cover anything other than the cost incurred in providing the services or assistance to which the charge relates, or

Enforcement of debts

Recovery of charges, interest etc

70

(1) Any amount due to a local authority under this Part is recoverable by the authority as a debt due to it.

(2) But subsection (1) does not apply in a case where a deferred payment agreement could be entered into, in accordance with regulations under section 68, unless—

(a) the local authority has sought to enter into such an agreement with the person from whom the amount is due, and

(b) that person has refused.

(3) An amount recoverable by a local authority under subsection (1) is recoverable summarily as a civil debt (but this does not affect any other method of recovery).

(4) An amount is recoverable under this section within six years of the date on which the amount becomes due to the local authority.

(5) Where a person mentioned in subsection (6) misrepresents or fails to disclose (whether fraudulently or otherwise) to a local authority any material fact in connection with the provisions of this Part, the following amounts are due to the authority from that person—

(a) any expenditure incurred by the authority as a result of the misrepresentation or failure, and

(b) any amount recoverable under this section which the authority has not recovered as a result of the misrepresentation or failure.

(6) The persons are—

(a) an adult—

(i) who appears to the local authority to have needs for care and support or (in the case of a carer) support under Part 3, and

(ii) who has capacity to understand whether a fact may be material in connection with the provisions of this Part;

(b) an adult—

(i) to whom something is provided in order to meet another person's needs for care and support or (in the case of a carer) support under Part 3, and

(ii) who has capacity to understand whether a fact may be material in connection with the provisions of this Part;

(c) an adult of a description specified in regulations in relation to care and support or (in the case of a carer) support which appears to the local authority to be needed by—

(i) a child, or

(ii) an adult who does not have capacity to understand whether a fact may be material in connection with the provisions of this Part.

(7) The reasonable costs incurred by a local authority in recovering or seeking to recover an amount due to it under this Part are recoverable by the authority as a debt due to it; and subsection (3) applies to the recovery of those costs as if they were amounts to which subsection (1) applies.

(8) Regulations may—

(a) make provision for determining the date on which an amount becomes due to a local authority for the purposes of this section;

(b) specify cases or circumstances in which an amount due to a local authority under this Part is not recoverable by it under this section;

(c) specify cases or circumstances in which a local authority may charge interest on an amount (including any costs recoverable by the authority under subsection (7)) due to it under this Part;

(d) where interest is chargeable, provide that it—

(i) must be charged at a rate that exceeds the rate specified in or determined in accordance with the regulations;

(ii) may not be charged at a rate that exceeds the rate specified in or determined in accordance with the regulations.

Creation of a charge over an interest in land

71

(1) Where a person—

(a) fails to pay to a local authority an amount that is recoverable by the authority under this Part, and

(b) has a legal or beneficial interest in land in Wales or England,

the local authority may create a charge in its favour over the person's interest in the land to secure payment of that amount.

(2) Where the person has interests in more than one parcel of land, the local authority may create the charge over whichever one of those interests it chooses.

(3) The charge may be in respect of any amount that is recoverable by the local authority under this Part; but this is subject to subsection (4).

(4) Where the charge is created over the interest of an equitable joint tenant in land, the amount of the charge must not exceed the value of the interest that the person would have in the land if the joint tenancy were severed (but the creation of the charge does not sever the joint tenancy).

(5) On the death of an equitable joint tenant in land whose interest in the land is subject to a charge under this section, the following persons' interests in land become subject to a charge—

(a) if there are surviving joint tenants, their interests in the land;

(b) if the land vests in one person, or one person is entitled to have it vested in himself or herself, that person's interest in the land.

(6) The amount of the charge created under subsection (5) must not exceed the amount of the charge to which the interest of the deceased joint tenant was subject.

(7) A charge under this section must be created by a declaration in writing made by the local authority.

(8) A charge under this section, other than a charge over the interest of an equitable joint tenant in land—

(a) in the case of unregistered land, is a Class B land charge within the meaning of section 2 of the Land Charges Act 1972;

(b) in the case of registered land, is a registrable charge taking effect as a charge by way of legal mortgage.

(9) Where an amount is charged over a person's interest in land under this section, interest is chargeable upon that amount from the day on which the person mentioned in subsection (1) dies.

(10) The rate of interest chargeable under subsection (9) is—

(a) a rate specified in or determined in accordance with regulations, or

(b) if no regulations are made, a rate determined by the local authority.

Transfer of assets to avoid charges

72

(1) This section applies in a case where the needs of a person (“P”) have been or are being met by a local authority under sections 35 to 42 or section 45 and where—

(a) a person (“the transferor”) (who may be P but need not be so) has transferred an asset to another person (a “transferee”),

(b) the transfer was undertaken with the intention of avoiding charges for having P's needs met, and

(c) either the consideration for the transfer was less than the value of the asset or there was no consideration for the transfer.

(2) The transferee is liable to pay to the local authority an amount equal to the difference between—

(a) the amount the authority would have charged the transferor were it not for the transfer of the asset, and

(b) the amount it did in fact charge the transferor.

(3) But the transferee is not liable to pay to the authority an amount which exceeds the benefit accruing to the transferee from the transfer.

(4) Where an asset has been transferred to more than one transferee, the liability of each transferee is in proportion to the benefit accruing to that transferee from the transfer.

(5) In this section “asset” means anything which may be taken into account for the purposes of a financial assessment.

(6) The value of an asset (other than cash) is the amount which would have been realised if it had been sold on the open market by a willing seller at the time of the transfer, with a deduction for—

(a) the amount of any encumbrance on the asset, and

(b) a reasonable amount in respect of the expenses of the sale.

(7) Regulations may specify cases or circumstances in which liability under subsection (2) does not arise.

Reviews

Reviews relating to charging

73

(1) Regulations must make provision for and in connection with the review of—

(a) charges imposed under section 59,

(b) determinations made under section 66, and

(2) The regulations may (among other things) make provision about—

(a) the persons who may request a review (on their own behalf or on behalf of another person);

(b) the circumstances and the manner in which a review may be requested;

(d) the procedure to be followed, and the steps to be taken, in connection with a review;

(e) the description of persons who may make a decision following the review;

(f) the effect of a decision of that kind.

PART 6 — LOOKED AFTER AND ACCOMMODATED CHILDREN

Interpretation

Child or young person looked after by a local authority

74

(1) In this Act, a reference to a child who is looked after by a local authority is a reference to a child who is—

(a) in its care, or

(b) provided with accommodation by the authority in the exercise of any functions which are social services functions, apart from functions under section 15, Part 4, or section 109, 114 or 115.

(2) In subsection (1), “accommodation” means accommodation which is provided for a continuous period of more than 24 hours.

(3) In this Part, a reference to a young person being looked after by a local authority is a reference to a young person being looked after by the authority while he or she is or was a child.

Accommodation duties

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

75

(1) A local authority must take all reasonable steps to secure, that the local authority is able to provide the children mentioned in subsection (2) with accommodation that—

(a) is within , or is near to, the authority's area, ...

(aa) in the case of accommodation with a local authority foster parent, is accommodation with a foster parent who is authorised as such by a person described in section 81A(4)(a),

(ab) in the case of accommodation in a children’s home, is accommodation in a children’s home in respect of which a person described in section 81A(4)(b) is registered, and

(b) meets the needs of those children.

(2) The children referred to in subsection (1) are those—

(a) that the local authority is looking after,

(b) in respect of whom the authority is unable to make arrangements under section 81(2), and

(c) whose circumstances are such that it would be consistent with their well-being for them to be provided with accommodation that is within, or is near to, the authority's area.

(3) In discharging its duty under subsection (1), the local authority must have regard to the benefit of there being a range of accommodation that—

(a) is within, or is near to, the authority’s area, and

(b) is capable of meeting the differing needs of the children mentioned in subsection (2).

(4) In this section and in section 75A, “children’s home” means a place in Wales‍ at which a children’s home service (within the meaning of section 2A(2) of the Regulation and Inspection of Social Care (Wales) Act 2016) is provided.

Accommodation for children without parents or who are lost or abandoned etc

76

(1) A local authority must provide accommodation for any child within its area who appears to the authority to require accommodation as a result of—

(a) there being no person who has parental responsibility for the child,

(b) the child being lost or having been abandoned, or

(c) the person who has been caring for the child being prevented (whether or not permanently, and for whatever reason) from providing the child with suitable accommodation or care.

(2) Where a local authority provides accommodation under subsection (1) for a child who is ordinarily resident in the area of another local authority, that other local authority may take over the provision of accommodation for the child within—

(a) three months of being notified in writing that the child is being provided with accommodation, or

(b) such other longer period as may be specified.

(2A) Where a local authority in England provides accommodation under section 20(1) of the Children Act 1989 (provision of accommodation for children: general) for a child who is ordinarily resident in the area of a local authority in Wales, that local authority in Wales may take over the provision of accommodation for the child within—

(a) three months of being notified in writing that the child is being provided with accommodation, or

(b) such other longer period as may be specified.

(3) A local authority must provide accommodation for any child within its area who has reached the age of 16 and whose well-being the authority considers is likely to be seriously prejudiced if it does not provide the child with accommodation.

(4) A local authority may not provide accommodation under this section for any child if any person objects who—

(a) has parental responsibility for the child, and

(b) is willing and able to—

(i) provide accommodation for the child, or

(ii) arrange for accommodation to be provided for the child.

(5) Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of a local authority under this section.

(6) Subsections (4) and (5) do not apply while any person—

(a) named in a child arrangements order (that is in force) as a person with whom the child is to live,

(b) who is a special guardian of the child, or

(c) who has care of the child by virtue of an order made in the exercise of the High Court's inherent jurisdiction with respect to children,

agrees to the child being looked after in accommodation provided by or on behalf of the local authority.

(7) Where there is more than one such person as is mentioned in subsection (6), all of them must agree.

(8) Subsections (4) and (5) do not apply where a child who has reached the age of 16 agrees to being provided with accommodation under this section.

Accommodation for children in police protection or detention or on remand etc

77

(1) A local authority must make provision for the reception and accommodation of children who are removed or kept away from home under Part 5 of the Children Act 1989.

(2) A local authority must receive, and provide accommodation for, children—

(a) in police protection whom it is requested to receive under section 46(3)(f) of the Children Act 1989;

(b) whom it is requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984;

(i) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code (breach etc of referral orders and reparation orders);

(ii) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 25 of Schedule 7 to that Code (breach etc of youth rehabilitation orders);

(iii) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act);

(iv) the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering.

(3) In subsection (2)—

“local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;

“youth rehabilitation order” has the meaning given by section 173 of that Code;

“youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.

(4) Subsection (5) applies where—

(a) a child has been—

(i) removed under Part 5 of the Children Act 1989, or

(ii) detained under section 38 of the Police and Criminal Evidence Act 1984, and

(b) the child is not being provided with accommodation—

(i) by a local authority or local authority in England, or

(ii) in a hospital vested in the Welsh Ministers, an NHS Trust, an NHS Foundation Trust or the Secretary of State, or otherwise 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, NHS England or an integrated care board.

(5) Any reasonable expenses of accommodating the child are recoverable from the local authority or local authority in England in whose area the child is ordinarily resident.

Duties of local authorities in relation to looked after children

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

78

(1) A local authority looking after any child must—

(a) safeguard and promote the child's well-being, and

(b) make such use of services available for children cared for by their own parents as appears to the authority reasonable in the child's case.

(2) The duty of a local authority under subsection (1)(a) to safeguard and promote the well-being of a child looked after by it includes, for example—

(a) a duty to promote the child's educational achievement;

(b) a duty—

(i) to assess from time to time whether the child has care and support needs which meet the eligibility criteria set under section 32, and

(ii) if the child has needs which meet the eligibility criteria, to at least meet those needs.

(3) Before making any decision with respect to a child whom it is looking after, or proposing to look after, a local authority must (in addition to the matters set out in sections 6(2) and (4) and 7(2) (other overarching duties)) have regard to—

(a) the views, wishes and feelings of any person whose views, wishes and feelings the authority considers to be relevant;

(b) the child's religious persuasion, racial origin and cultural and linguistic background.

(4) If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise its powers with respect to a child whom it is looking after in a manner which may not be consistent with its duties under this section or section 6, it may do so.

Provision of accommodation for children in care

79

When a child is in the care of a local authority, the authority must provide the child with accommodation.

Maintenance of looked after children

80

A local authority must maintain a child it is looking after in other respects apart from the provision of accommodation.

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

81

(1) This section applies where a local authority is looking after a child (“C”).

(2) The local authority must make arrangements for C to live with a person who falls within subsection (3), but this is subject to subsections (4) and (11).

(3) A person (“P”) falls within this subsection if—

(a) P is a parent of C,

(b) P is not a parent of C but has parental responsibility for C, or

(c) in a case where C is in the care of the local authority and there was a child arrangements order in force with respect to C immediately before the care order was made, P was named in the child arrangements order as a person with whom the child was to live.

(4) Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so—

(a) would not be consistent with C's well-being, or

(b) would not be reasonably practicable.

(5) If the local authority is unable to make arrangements under subsection (2), it must place C in the placement that is, in its opinion, the most appropriate placement available (but this is subject to subsection (11)).

(6) In subsection (5) “placement” means—

(a) placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent,

(b) placement with a local authority foster parent who does not fall within paragraph (a),

(d) subject to section 82, placement in accordance with other arrangements that comply with any regulations made for the purposes of this section.

(7) In determining the most appropriate placement for C under subsection (5), the local authority must, subject to the other provisions of this Part (in particular, to its duties under section 78)—

(a) give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection,

(b) comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8), and

(8) The local authority must ensure that the placement is such that—

(a) it allows C to live near C's home;

(b) it does not disrupt C's education or training;

(c) if C has a sibling for whom the local authority is also providing accommodation, it enables C and the sibling to live together;

(d) if C is disabled, the accommodation provided is suitable to C's particular needs.

(9) The placement must be such that C is provided with accommodation within the local authority's area.

(10) Subsection (11) applies where—

(a) the local authority is satisfied that C ought to be placed for adoption and proposes to place C for adoption with a particular prospective adopter (“A”),

(b) an adoption agency has determined that A is suitable to adopt a child, and

(11) The local authority must place C with A, unless in its opinion it would be more appropriate—

(a) to make arrangements for C to live with a person falling within subsection (3), or

(b) to place C in a placement of a description mentioned in subsection (6).

(12) For the purposes of subsection (10)—

(a) “adoption agency” has the meaning given by section 2 of the Adoption and Children Act 2002;

(b) a local authority is authorised to place C for adoption only if it has been authorised to do so under—

(i) section 19 of that Act (placing children with parental consent), or

(ii) a placement order made under section 21 of that Act.

(13) The local authority may determine—

(a) the terms of any arrangements it makes under subsection (2) in relation to C (including terms as to payment), and

(b) the terms on which it places C with a local authority foster parent under subsection (5) or with a prospective adopter under subsection (11) (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).

Review of child’s case before making alternative arrangements for accommodation

82

(1) Where a local authority is providing accommodation for a child (“C”) other than in accordance with arrangements falling within section 81(6)(d), it must not make such arrangements for C unless it has decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 102 (review of cases and inquiries into representations).

(2) But subsection (1) does not prevent a local authority making arrangements for C under section 81(6)(d) if it is satisfied that in order to safeguard C's well-being it is necessary—

(a) to make such arrangements, and

(b) to do so as a matter of urgency.

Care and support plans

83

(1) Where a child becomes looked after by a local authority, any care and support plan prepared under section 54 in relation to that child must be—

(a) reviewed, and

(b) maintained under this section.

(2) Where a child who does not have a care and support plan under section 54 becomes looked after by a local authority, the local authority must prepare and maintain a care and support plan in relation to that child.

(2A) A care and support plan for a child must include a record of the arrangements made to meet the child's needs in relation to education and training (a “personal education plan”).

(2B) But subsection (2A) does not apply to a child if he or she is within a category of looked after child prescribed in regulations, for whom no personal education plan is to be prepared.

(2C) If—

(a) a child has additional learning needs, and

(b) the child's care and support plan includes a personal education plan,

any individual development plan maintained for the child under section 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 must be incorporated within the personal education plan.

(2D) For the purposes of subsection (2C)—

(a) a “child” means a person not over compulsory school age (within the meaning given by section 8 of the Education Act 1996 (c. 56));

(b) “additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

(3) A local authority must keep a care and support plan under review.

(4) Where a local authority is satisfied that the circumstances of the child to whom a care and support plan relates have changed in a way that affects the plan, the authority must—

(a) carry out such assessments as it considers appropriate, and

(b) revise the plan.

(5) Subject to the provisions of Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, regulations must make provision about—

(a) how care and support plans are to be prepared;

(b) what a care and support plan is to contain (including what a personal education plan is to contain);

(6) Regulations under subsection (5)(c) must specify, in particular—

(a) the persons who may request a review of a plan (on their own behalf or on behalf of another person);

(b) the circumstances in which a local authority—

(i) may refuse to comply with a request for a review of a plan, and

(ii) may not refuse to do so.

(7) When preparing, reviewing or revising a care and support plan, a local authority must involve the child to whom the plan relates and any person with parental responsibility for the child.

(8) The local authority may—

(a) prepare, review or revise a care and support plan at the same time as it or another body is preparing, reviewing or revising another document in the case of the child concerned, and

(b) include the other document in the plan.

(9) Any part of a care and support plan which meets the requirements imposed by or under section 31A of the Children Act 1989 may be treated for the purposes of that Act as a plan prepared under section 31A of that Act.

(10) References in subsections (2A) to (9) to a care and support plan are to be interpreted as references to a care and support plan prepared or maintained under this section.

Regulations about care and support plans

84

Regulations under section 83 may, for example—

(a) require plans to be in a specified form;

(b) require plans to contain specified things;

(c) make provision about further persons whom a local authority must involve in the preparation, review or revision of plans;

(d) require plans to be prepared, reviewed or revised by specified persons;

(e) confer functions on persons specified in the regulations in connection with the review or revision of plans;

(f) specify persons to whom written copies of a plan must be provided (including, in specified cases, the provision of copies without the consent of the person to whom the plan relates);

(g) specify further circumstances in which plans must be reviewed.

Contributions towards maintenance of looked after children

85

Schedule 1 makes provision about contributions towards the maintenance of children looked after by local authorities.

Children’s homes provided, equipped and maintained by the Welsh Ministers

86

Where a local authority places a child it is looking after in a ... home provided, equipped and maintained by the Welsh Ministers or the Secretary of State under section 82(5) of the Children Act 1989, it must do so on such terms and conditions as the Welsh Ministers or the Secretary of State (as the case may be) may from time to time determine.

Regulations about looked after children

87

Regulations may make further provision about children looked after by local authorities.

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

88

Regulations under section 87 may, for example, impose requirements on a local authority as to—

(a) the making of any decision to allow a child in its care to live with any person falling within section 81(3) (including requirements as to those who must be consulted before the decision is made and those who must be notified when it has been made);

(b) the supervision or medical examination of the child concerned;

(c) the removal of the child, in such circumstances as may be specified in regulations, from the care of the person with whom the child has been allowed to live;

(d) the records to be kept by the local authority.

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

89

(1) Regulations under section 87 may, for example, make provision as to placements of the kind mentioned in section 81(6)(d).

(2) Regulations under subsection (1) may, for example, make provision as to—

(a) the persons to be notified of any proposed arrangements;

(b) the opportunities such persons are to have to make representations in relation to the arrangements proposed;

(d) the records to be kept by local authorities;

(e) the supervision by local authorities of any arrangements made.

Regulations about placements out of area

90

Regulations under section 87 may, for example, impose requirements that a local authority must comply with—

(a) before a child looked after by it is provided with accommodation at a place outside the area of the authority, or

(b) if the child's well-being requires the immediate provision of such accommodation, within such period of the accommodation being provided as may be specified.

Regulations about the avoidance of disruption in education

91

(1) Regulations under section 87 may, for example, impose requirements that a local authority must comply with before making any decision concerning a relevant child's placement if he or she is in the fourth key stage.

(1A) In subsection (1), a “relevant child” means a child who—

(a) is a pupil at a maintained school,

(b) has completed the school year in which the majority of pupils in the child’s class attained the age of 14, and

(2) A child is “in the fourth key stage” if the child is a pupil in the fourth key stage for the purposes of Part 7 of the Education 2002 (see section 103 of that Act).

In subsection (1A)—

(a) “pupil”, “school year” and “compulsory school age” have the meaning given by the Education Act 1996;

(b) “maintained school” has the meaning given by section 79 of the Curriculum and Assessment (Wales) Act 2021;

(i) the teaching group in which the child is regularly taught at school, or

(ii) where there are two or more such groups, the group designated by the head teacher of the child’s school.

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

92

(1) Regulations under section 87 may, for example, make provision—

(a) with regard to the well-being of children placed with local authority foster parents or prospective adopters;

(b) as to the arrangements to be made by local authorities in connection with the health and education of such children;

(d) for securing that where possible the local authority foster parent or prospective adopter with whom a child is to be placed—

(i) is of the same religious persuasion as the child, or

(ii) gives an undertaking that the child will be brought up in that religious persuasion;

(e) for securing that children placed with local authority foster parents or prospective adopters, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their well-being appears to require it.

(2) In this section “prospective adopter” means a person with whom a child is placed under section 81(11).

Regulations providing for approval of local authority foster parents

93

(1) Regulations under section 87 may, for example, make provision—

(a) for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority or other persons as may be specified;

(b) establishing a procedure under which any person in respect of whom a qualifying determination has been made may apply to the Welsh Ministers for a review of that determination by a panel constituted by the Welsh Ministers.

(2) A determination is a qualifying determination if—

(a) it relates to the issue of whether a person should be approved, or should continue to be approved, as a local authority foster parent, and

(b) it is of a specified description.

(3) Regulations made under subsection (1)(b) may include provision as to—

(a) the duties and powers of a panel;

(b) the administration and procedures of a panel;

(c) the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for their appointment);

(d) the payment of fees to members of a panel;

(e) the duties of any person in connection with a review conducted under the regulations;

(f) the monitoring of any such reviews.

(4) Regulations made by virtue of subsection (3)(e) may impose a duty to pay to the Welsh Ministers such amount as the Welsh Ministers may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination.

(5) The Welsh Ministers must secure that, taking one financial year with another, the aggregate of the amounts which become payable to them under regulations made by virtue of subsection (4) does not exceed the cost to them of performing their independent review functions.

(6) The Welsh Ministers may make an arrangement with an organisation under which independent review functions are performed by the organisation on their behalf.

(7) If the Welsh Ministers make such an arrangement with an organisation, the organisation must perform their functions under the arrangement in accordance with any general or specific direction given by the Welsh Ministers.

(8) The arrangement may include provision for payments to be made to the organisation by the Welsh Ministers.

(9) Payments made by the Welsh Ministers in accordance with such provision are to be taken into account in determining (for the purpose of subsection (5)) the cost to the Welsh Ministers of performing their independent review functions.

(10) A direction under subsection (7)—

(a) must be in writing;

(b) may be varied or revoked by a later direction.

(11) In this section—

“financial year” (“blwyddyn ariannol”) means a period of twelve months ending with 31 March;

“independent review function” (“swyddogaeth adolygu annibynnol”) means a function conferred or imposed on the Welsh Ministers by regulations made by virtue of subsection (1)(b);

“organisation” (“sefydliad”) includes the Secretary of State, a public body and a private or voluntary organisation.

Regulations about agency arrangements

94

Regulations under section 87 may, for example, make provision as to the circumstances in which a local authority may make arrangements for duties imposed on it by the regulations to be discharged on its behalf.

Contact and visits

Promotion and maintenance of contact between child and family

95

(1) Where a child is being looked after by a local authority, the authority must, unless it is not reasonably practicable or consistent with the child's well-being, promote contact between the child and—

(a) the child's parents,

(b) any person who is not a parent of the child but who has parental responsibility for the child, and

(2) Where a child is being looked after by a local authority, the authority must take such steps as are reasonably practicable to secure that the following persons are kept informed of where the child is being accommodated—

(a) the child's parents;

(b) any person who is not a parent of the child but who has parental responsibility for the child.

(3) Every person mentioned in subsection (2)(a) or (b) must secure that the authority is kept informed of his or her address.

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