Legalize / United Kingdom / Wales / Act of Senedd Cymru

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

(a) there is a related risk to the health or safety of any person that calls for urgent intervention under this Part, or

(b) the local authority is unlikely to be able to comply, or secure compliance, with a warning notice.

(4) The Welsh Ministers must, within 90 days of the date on which they begin to intervene in the exercise of a local authority's social services functions, report to the National Assembly for Wales on the steps taken pursuant to the intervention.

(5) Where the Welsh Ministers have the power to intervene, they must keep the circumstances giving rise to the power under review.

(6) If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that the exercise of their powers under this Part would not be appropriate for any other reason, they must notify the local authority of their conclusion in writing.

(7) The Welsh Ministers' power to intervene continues in effect until they give notice under subsection (6).

(8) Until such time as notice is given under subsection (6), the Welsh Ministers must, every 6 months from the date on which they begin to intervene in the exercise of a local authority's social services functions, report to the National Assembly for Wales on the steps being taken pursuant to the intervention.

(9) Where the Welsh Ministers have the power to intervene, they are not limited to taking the action they said they were minded to take in a warning notice.

Power to require local authority to obtain advisory services

153

(1) This section applies if the Welsh Ministers have the power to intervene in the exercise of social services functions by a local authority.

(2) The Welsh Ministers may direct the local authority to enter into a contract or other arrangement with a specified person, or a person falling within a specified class, for the provision to the authority of specified services of an advisory nature.

(3) The direction may require the contract or other arrangement to contain specified terms and conditions.

(4) In this section and section 154 “specified” means specified in a direction.

Power to require performance of functions by other persons on behalf of authority

154

(1) This section applies if the Welsh Ministers have the power to intervene in the exercise of social services functions by a local authority.

(2) The Welsh Ministers may give such a direction to the local authority or any of its officers as they think is appropriate for securing that the functions to which the grounds for intervention relate are performed on behalf of the authority by a person specified in the direction.

(3) A direction under subsection (2) may require that any contract or other arrangement made by the authority with the specified person contains terms and conditions specified in the direction.

(4) If a direction under subsection (2) is in force, the functions of the local authority to which it relates are to be treated for all purposes as being exercisable by the specified person.

Power to require performance of functions by Welsh Ministers or nominee

155

(1) This section applies if the Welsh Ministers have the power to intervene in the exercise of social services functions by a local authority.

(2) The Welsh Ministers may direct that the functions to which the grounds for intervention relate are to be exercised by the Welsh Ministers or a person nominated by them.

(3) If a direction is made under subsection (2), the local authority must comply with the instructions of the Welsh Ministers or their nominee in relation to the exercise of the functions.

(4) If a direction under subsection (2) is in force, the functions of the local authority to which it relates are to be treated for all purposes as being exercisable by the Welsh Ministers or their nominee.

156

(1) If the Welsh Ministers think it is expedient, a direction under section 154 or 155 may relate to the performance of social services functions in addition to the functions to which the grounds for intervention relate.

(2) The Welsh Ministers may have regard (among other things) to financial considerations in deciding whether it is expedient that a direction should relate to social services functions other than the functions relating to the grounds for intervention.

General power to give directions and take steps

157

(1) This section applies if the Welsh Ministers have the power to intervene in the exercise of social services functions by a local authority.

(2) If the Welsh Ministers think it is appropriate in order to deal with the grounds for intervention, the Welsh Ministers may—

(a) direct the local authority or any of its officers, or

(b) take any other steps.

Intervention: duty to report

158

Where the Welsh Ministers exercise their power of direction under section 153, 154, 155 or 157, they must—

(a) within 21 days of the giving of the direction, lay a copy of the direction before the National Assembly for Wales, and

(b) within 90 days of the giving of the direction, report to the National Assembly for Wales on the steps taken by the local authority to comply with the direction.

Directions

159

(1) A local authority, or an officer of an authority, subject to a direction or instruction under this Part must comply with it.

(2) This includes a direction or an instruction to exercise a function that is contingent upon the opinion of the local authority or an officer of the authority.

(3) A direction under this Part—

(a) must be in writing;

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

Duty to co-operate

160

(1) A local authority must give the Welsh Ministers and any person mentioned in subsection (2) as much assistance in connection with the exercise of functions under or by virtue of this Part as they are reasonably able to give.

(2) The persons are—

(a) any person authorised for the purposes of this section by the Welsh Ministers;

(b) any person acting under a direction under this Part;

(i) the Welsh Ministers, or

(ii) a person mentioned in paragraph (a) or (b).

Powers of entry and inspection

161

(1) A person falling within subsection (2) may authorise an inspector to enter and inspect premises falling within subsection (3).

(2) The following persons fall within this subsection—

(a) the Welsh Ministers—

(i) where they consider it necessary or expedient for the purposes of a review conducted under section 149B(1), or

(ii) in pursuance of a direction under section 155;

(b) a person specified in a direction under section 153 or, where the direction specifies a class of persons, the person with whom the local authority enters into the contract or other arrangement required by the direction;

(d) a person nominated in a direction under section 155.

(3) The following premises fall within this subsection—

(a) premises owned or controlled by a local authority;

(b) premises—

(i) which are used, or proposed to be used, by any person in connection with the exercise of a local authority social services function, or

(ii) which the Welsh Ministers reasonably believe is being used, or may be used, for that purpose,

but premises used wholly or mainly as a private dwelling do not fall within this subsection unless the occupier of the premises consents to the inspector entering and inspecting them.

(4) “Premises” includes a vehicle.

(5) The Welsh Ministers may by regulations make provision about the qualifications and other conditions to be met by an individual who may be an inspector.

(6) When entering premises, an inspector must, if requested to do so by any person at the premises, produce a document showing the inspector's authorisation given under subsection (1).

(7) The inspector may—

(a) examine the state and management of the premises and, if any persons are accommodated or receive care and support at the premises, examine the treatment of those persons;

(b) require the manager of the premises or any other person who appears to the inspector to hold or be accountable for documents or records kept at the premises to produce any documents or records (including medical and other personal records) that the inspector considers may be relevant to the exercise of functions under this Part by the person who authorised the inspector;

(c) inspect and take copies of any documents or records (including medical and other personal records) that the inspector considers may be relevant to the exercise of functions under this Part by the person who authorised the inspector;

(d) require any person to afford the inspector such facilities and assistance with respect to matters within the person's control as are necessary to enable the inspector to carry out the inspection;

(e) take such measurements and photographs and make such recordings as the inspector considers necessary for the purpose of carrying out the inspection;

(f) interview in private—

(i) the manager of the premises or any other person who appears to the inspector to be responsible for the premises;

(ii) any person working there;

(iii) any person accommodated or receiving care and support there who consents to be interviewed.

(8) The powers in subsection (7)(b) to (d) include the power to—

(a) gain access to and check the operation of any computer and associated apparatus which the inspector has reasonable grounds to believe is (or has been) used in connection with the documents or records, and

(b) require documents or records to be produced in a form which is legible and portable.

(9) Subsection (10) applies where—

(a) persons are accommodated or receiving care and support at the inspected premises,

(b) the inspector is a registered medical practitioner or registered nurse, and

(c) the inspector has reasonable grounds to believe that a person accommodated or receiving care and support at the premises is not receiving (or has not received) proper care and support.

(10) Where this subsection applies, the inspector may examine the person in private but only if the person gives consent to the examination.

(11) For the purposes of subsections (7)(f) and (10), an interview or examination is to be treated as conducted in private despite the presence of a third party if—

(a) the person being interviewed or examined wants the third party to be present and the inspector does not object, or

(b) the inspector wants the third party to be present and the person being interviewed or examined consents.

(12) Where an inspector conducts an interview or examination under this section, the inspector must, if requested to do so by—

(a) the person being interviewed or examined, or

(b) an individual accompanying that person,

produce a document showing the inspector's authorisation given under subsection (1) and, in the case of an examination, a document showing that the inspector is a registered medical practitioner or registered nurse.

(13) As soon as is reasonably practicable after an inspector has concluded an inspection under this section, the inspector must send a report of the inspection to the person who gave the authorisation under subsection (1).

(14) That person must send a copy of the inspector's report—

(a) to the local authority being reviewed or subject to the direction, and

(b) if the person is not the Welsh Ministers, to the Welsh Ministers.

(15) In this section and sections 161A, 161B and 161C, “inspector” means an individual authorised under subsection (1).

PART 9 — CO-OPERATION AND PARTNERSHIP

Co-operation

Arrangements to promote co-operation: adults with needs for care and support and carers

162

(1) A local authority must make arrangements to promote co-operation between—

(a) the local authority,

(b) each of the authority's relevant partners in the exercise of—

(i) their functions relating to adults with needs for care and support or to adults who are carers, and

(ii) their other functions the exercise of which is relevant to the functions referred to in sub-paragraph (i), and

(c) such other persons or bodies as the authority considers appropriate, being persons or bodies of any nature who or which exercise functions or are engaged in activities in relation to—

(i) adults within the authority's area with needs for care and support, or

(ii) adults within the authority's area who are carers.

(2) A local authority must also make arrangements to promote co-operation between the officers of the authority who exercise its functions.

(3) The arrangements under subsections (1) and (2) are to be made with a view to—

(a) improving the well-being of—

(i) adults within the authority's area with needs for care and support, and

(ii) adults within the authority's area who are carers;

(b) improving the quality of care and support for adults, and of support for adults who are carers, provided in the authority's area (including the outcomes that are achieved from such provision);

(4) For the purposes of this section each of the following is a relevant partner of a local authority—

(a) the local policing body and the chief officer of police for a police area any part of which falls within the area of the local authority;

(b) any other local authority with which the authority agrees that it would be appropriate to co-operate under this section;

(c) the Secretary of State to the extent that the Secretary of State is discharging functions under sections 2 and 3 of the Offender Management Act 2007 in relation to Wales;

(d) any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a relevant partner of the authority;

(e) a Local Health Board for an area any part of which falls within the area of the authority;

(f) an NHS Trust providing services in the area of the authority;

(g) the Welsh Ministers to the extent that they are discharging functions under section 92, 97 or 103(1) of the Tertiary Education and Research (Wales) Act 2022;

(ga) the Commission for Tertiary Education and Research to the extent that it is discharging functions under section 93, 94, 95, 97 or 103(1) of the Tertiary Education and Research (Wales) Act 2022;

(h) such a person, or a person of such description, as regulations may specify.

(5) Regulations under subsection (4)(h) may not specify a Minister of the Crown or the governor of a prison (or, in the case of a contracted out prison, its director) unless the Secretary of State consents.

(6) The relevant partners of a local authority must co-operate with the authority in the making of arrangements under this section.

(7) A local authority and any of its relevant partners may for the purposes of arrangements under this section—

(a) provide staff, goods, services, accommodation or other resources;

(b) establish and maintain a pooled fund;

(8) For the purposes of subsection (7) a pooled fund is a fund—

(a) which is made up of contributions by the authority and the relevant partner or partners concerned, and

(b) out of which payments may be made towards expenditure incurred in the discharge of functions of the authority and functions of the relevant partner or partners.

(9) A local authority and each of its relevant partners must, in exercising their functions under this section, have regard to any guidance given to them for the purpose by the Welsh Ministers.

(10) The Welsh Ministers must consult the Secretary of State before giving guidance under subsection (9).

(11) In this section—

(a) a reference to a prison includes a young offender institution;

(b) a reference to a contracted out prison has the meaning given by section 84(4) of the Criminal Justice Act 1991.

Arrangements to promote co-operation: children

163

(1) Section 25 of the Children Act 2004 (co-operation to improve well-being: Wales) is amended as follows.

(2) After subsection (1) insert—

(1A) Each local authority in Wales must also make arrangements to promote co-operation between officers of the authority who exercise its functions.

(3) For subsection (2) substitute—

(2) The arrangements under subsections (1) and (1A) are to be made with a view to— (a) improving the well-being of children within the authority's area, in particular those with needs for care and support; (b) improving the quality of care and support for children provided in the authority's area (including the outcomes that are achieved from such provision); (c) protecting children who are experiencing, or are at risk of, abuse, neglect or other kinds of harm (within the meaning of the Children Act 1989).

(4) In subsection (4)—

(a) after paragraph (a) insert—

(aa) any other local authority in Wales with which the authority agrees that it would be appropriate to co-operate under this section;

;

(b) in paragraph (f) for “Assembly” substitute “ Welsh Ministers ” and for “it is” substitute “ they are ”;

(g) such a person, or a person of such description, as regulations made by the Welsh Ministers may specify.

(5) After subsection (4) insert—

(4A) Regulations under subsection (4)(g) may not specify a Minister of the Crown or the governor of a prison or secure training centre (or, in the case of a contracted out prison or secure training centre, its director) unless the Secretary of State consents.

(6) In subsections (8) and (9) for “Assembly” substitute “ Welsh Ministers ”.

(7) After subsection (10) insert—

(11) In this section— - “care and support” means— 1. care; 2. support; 3. both care and support; - “well-being” means well-being in relation to any of the following— 1. physical and mental health and emotional well-being; 2. protection from abuse and neglect; 3. education, training and recreation; 4. domestic, family and personal relationships; 5. contribution made to society; 6. securing rights and entitlements; 7. social and economic well-being; 8. suitability of living accommodation; 9. physical, intellectual, emotional, social and behavioural development;

(8) In consequence of the amendment made by subsection (4)(b), in section 66 of the Children Act 2004 (regulations and orders), in subsection (7), after “section” insert “ 25 or ”.

164

(1) If a local authority requests the co-operation of a person mentioned in subsection (4) in the exercise of any of its social services functions, the person must comply with the request unless the person considers that doing so would—

(a) be incompatible with the person's own duties, or

(b) otherwise have an adverse effect on the exercise of the person's functions.

(2) If a local authority requests that a person mentioned in subsection (4) provides it with information it requires for the purpose of the exercise of any of its social services functions, the person must comply with the request unless the person considers that doing so would—

(a) be incompatible with the person's own duties, or

(b) otherwise have an adverse effect on the exercise of the person's functions.

(3) A person who decides not to comply with a request under subsection (1) or (2) must give the local authority which made the request written reasons for the decision.

(4) The persons are—

(a) a relevant partner of the local authority making the request;

(b) a local authority, a Local Health Board or an NHS Trust which is not a relevant partner of the local authority making the request;

(c) a youth offending team for an area any part of which falls within the area of the local authority making the request.

(5) A local authority and each of those persons mentioned in subsection (4) must in exercising their functions under this section have regard to any guidance given to them for the purpose by the Welsh Ministers.

(6) The Welsh Ministers must consult the Secretary of State before giving guidance under subsection (5).

(7) For the purpose of this section a relevant partner of a local authority is a person who is a relevant partner of the authority for the purposes of section 162.

Promoting integration of care and support with health services etc

165

(1) A local authority must exercise its social services functions with a view to ensuring the integration of care and support provision with health provision and health-related provision where it considers that this would—

(a) promote the well-being of—

(i) children within the authority's area,

(ii) adults within the authority's area with needs for care and support, or

(iii) carers within the authority's area with needs for support,

(b) contribute to the prevention or delay of the development by children or adults within its area of needs for care and support or the development by carers within its area of needs for support, or

(c) improve the quality of care and support for children and adults, and of support for carers, provided in its area (including the outcomes that are achieved from such provision).

(2) “Care and support provision” means—

(a) provision to meet the needs of children and adults for care and support, and

(b) provision to meet carers' needs for support.

(3) “Health provision” means provision of health services as part of the health service.

(4) “Health-related provision” means provision of services which may have an effect on the health of individuals but which are not—

(a) health services provided as part of the health service, or

(b) services provided in the exercise of social services functions.

(5) The “health service” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006.

Partnership arrangements

166

(1) Regulations may require specified partnership arrangements to be made by—

(a) two or more local authorities, or

(b) one or more local authorities and one or more Local Health Boards.

(2) Partnership arrangements are arrangements for carrying out—

(a) functions of a local authority specified in regulations which—

(i) are social services functions, or

(ii) in the opinion of the Welsh Ministers, have an effect on, or are affected by, a local authority's social services functions, or

(b) functions specified in regulations of—

(i) a Local Health Board, or

(ii) an NHS Trust.

(3) Regulations under subsection (1) must make provision—

(a) specifying the local authorities and Local Health Boards that are to take part in partnership arrangements;

(b) about the form that partnership arrangements are to take;

(d) for sharing information between the following—

(i) local authorities;

(ii) Local Health Boards;

(iii) any teams or persons carrying out partnership arrangements in accordance with regulations made by virtue of subsection (4)(b);

(iv) any partnership boards established under regulations under section 168.

(4) Regulations under subsection (1) may make provision—

(a) for a local authority or a Local Health Board to carry out any of the functions specified for the purposes of subsection (2) for the purposes of partnership arrangements;

(b) for the establishment of teams or for the appointment of persons to carry out partnership arrangements and for assigning to those teams or persons any of the functions specified for the purposes of subsection (2);

(d) for the referral of persons to services provided in accordance with partnership arrangements.

(5) The provision that may be made under subsection (3)(c) includes, for example, provision—

(a) requiring partnership arrangements to be carried out under the direction of a partnership board established under regulations under section 168;

(b) about the review of cases referred in accordance with partnership arrangements;

(d) about the provision of information about partnership arrangements;

(e) about accounts and audit in respect of functions carried out in accordance with partnership arrangements.

(6) Partnership arrangements made under regulations under this section do not affect—

(a) the liability of a Local Health Board for the exercise of any of its functions,

(b) the liability of a local authority for the exercise of any of its functions, or

(c) any power or duty to recover charges in respect of services provided in the exercise of any local authority functions.

Resources for partnership arrangements

167

(1) A local authority and a Local Health Board may pay towards the expenditure incurred for the purpose of, or in connection with, partnership arrangements made under regulations under section 166—

(a) by making payments directly, or

(b) by contributing to a pooled fund.

(2) A local authority and a Local Health Board may provide staff, goods, services, accommodation or other resources for the purpose of, or in connection with, partnership arrangements.

(3) Regulations may make further provision about the funding of partnership arrangements, including (among other things) provision—

(a) requiring a local authority or a Local Health Board to establish and maintain a pooled fund;

(b) for determining the amount of contributions to be made by a local authority or a Local Health Board to a pooled fund;

(c) about expenditure for posts or categories of post established for the purpose of, or in connection with, partnership arrangements;

(d) about expenditure for services provided in accordance with partnership arrangements;

(e) about expenditure for the administration of partnership arrangements;

(f) about expenditure for any other purpose connected to partnership arrangements.

(4) In this section “a pooled fund” means a fund established and maintained by a local authority or a Local Health Board, out of which the payments may be made towards the expenditure incurred for the purpose of, or in connection with, partnership arrangements.

Partnership boards

168

(1) Regulations may require a partnership board in respect of partnership arrangements made under regulations under section 166 to be established by—

(a) one or more local authorities,

(b) one or more Local Health Boards, or

(2) Regulations may make provision about—

(a) the membership of partnership boards;

(b) the payment of remuneration and allowances to members of partnership boards;

(d) the procedures to be followed by partnership boards;

(e) the making of reports by partnership boards and their form, content, timing and publication.

Guidance about partnership arrangements

169

(1) The Welsh Ministers must issue, and from time to time revise, guidance about partnership arrangements made under regulations under section 166.

(2) In exercising functions conferred on them under or by virtue of sections 166 to 168, the following must have regard to that guidance and to any outcomes specified in a statement issued under section 8—

(a) a local authority;

(b) a Local Health Board;

(c) a team or person carrying out partnership arrangements in accordance with regulations made by virtue of section 166(4)(b);

(d) a partnership board established under regulations under section 168.

Adoption

Adoption service: joint arrangements

170

Insert after section 3 of the Adoption and Children Act 2002—

(3A) (1) The Welsh Ministers may direct two or more local authorities in Wales to enter into specified arrangements with each other in relation to the provision of specified services maintained under section 3(1). (2) Before giving a direction under this section the Welsh Ministers must consult the local authorities to which it is to be given. (3) Specified arrangements may include (among other things) arrangements— (a) as to the establishment and maintenance of a pooled fund; (b) as to the provision of staff, goods, services, accommodation or other resources; (c) for determining the amount of payment or other contribution to be made towards relevant expenditure by the authorities which are parties to the arrangements; (d) for working in conjunction with registered adoption societies; (e) as to the responsibility for, and the operation and management of, the arrangements; (f) as to the establishment and operation of a panel to make recommendations as to— (i) whether a child should be placed for adoption; (ii) whether a prospective adopter is suitable to adopt a child; (iii) whether a particular child should be placed for adoption with a particular prospective adopter; (g) for resolving complaints about services provided in accordance with the specified arrangements; (h) as to the determination of disputes between the authorities which are parties to the arrangements. (4) Where the Welsh Ministers exercise their power of direction under subsection (1) they must within 21 days of the giving of the direction— (a) report to the National Assembly for Wales that the power has been exercised, and (b) lay a copy of the direction before the National Assembly for Wales. (5) In this section— - “a pooled fund” is a fund made up of contributions by two or more local authorities out of which payments may be made towards relevant expenditure; - “relevant expenditure” is expenditure incurred in connection with the provision of services provided in accordance with the specified arrangements; - “specified” means specified in a direction under this section.

PART 10 — COMPLAINTS, REPRESENTATIONS AND ADVOCACY SERVICES

171

(1) Regulations may make provision about the consideration of complaints relating to—

(a) the discharge by a local authority of its social services functions;

(b) the provision of services by another person pursuant to arrangements made by a local authority in the discharge of those functions;

(c) the provision of services by a local authority or another person in pursuance of arrangements made by the authority under section 33 of the National Health Service (Wales) Act 2006 or section 75 of the National Health Service Act 2006 in relation to the functions of an NHS body (within the meaning of the relevant section) so far as exercisable in relation to Wales.

(2) The regulations may provide for a complaint to be considered by one or more of the following—

(a) the local authority in respect of whose functions the complaint is made;

(b) an independent panel established under the regulations;

(3) The regulations may provide for a complaint or any matter raised by the complaint—

(a) to be referred to the Public Services Ombudsman for Wales (“the Ombudsman”) for the Ombudsman to consider whether to investigate the complaint or matter under the Public Services Ombudsman (Wales) Act 2019 (and to be treated by the Ombudsman as a complaint duly referred under section 3(3) of that Act);

(b) to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations.

(4) But the regulations may not make provision about complaints capable of being considered as representations under section 174 or 176.

172

(1) The following are further examples of the provision which may be made in regulations under section 171.

(2) The regulations may make provision about—

(a) the persons who may make a complaint;

(b) the complaints which may, or may not, be made;

(d) complaints which need not be considered;

(e) the period within which complaints must be made;

(f) the procedure to be followed in making and considering a complaint;

(g) matters which are excluded from consideration;

(h) the making of a report or recommendations about a complaint;

(i) the action to be taken as a result of a complaint.

(3) The regulations may—

(a) require a person about whom, or a body about which, a complaint is made to make a payment in relation to the consideration of the complaint under the regulations,

(b) require a payment of that kind—

(i) to be made to a person or body specified in the regulations, and

(ii) to be of an amount specified in, or calculated or determined under, the regulations, and

(c) require an independent panel to review the amount chargeable under paragraph (a) in a particular case and, if the panel thinks fit, to substitute a lesser amount.

(4) The regulations may require a person who, or a body which, considers complaints under the regulations to give publicity to the procedures to be followed under the regulations.

(5) The regulations may also—

(a) provide for different parts or aspects of a complaint to be treated differently;

(b) require the production of information or documents to enable a complaint to be properly considered;

(c) authorise the disclosure of information or documents relevant to a complaint to a person who, or a body which, is considering a complaint under the regulations or to whom a complaint has been referred (despite any rule of common law that would otherwise prohibit or restrict the disclosure).

(6) The regulations may make provision about complaints which raise both matters falling to be considered under the regulations and matters falling to be considered under other statutory complaints procedures; including (among other things) provision to—

(a) enable a complaint of that kind to be made under the regulations, and

(b) secure that matters falling to be considered under other statutory complaints procedures are treated as if they had been raised in a complaint made under the appropriate procedures.

(7) In subsection (6) “statutory complaints procedures” means procedures established by or under an enactment within the legislative competence of the National Assembly for Wales.

Assistance for complainants

173

(1) Regulations may require local authorities to—

(a) make arrangements to provide assistance (by way of representation or otherwise) to persons who make, or intend to make, a complaint under regulations made under section 171, and

(b) give publicity to the arrangements for the provision of that assistance.

(2) The regulations may, for example, make provision about—

(a) the persons to whom assistance must be provided;

(b) the kind of assistance that must be provided to those persons;

(d) the stage or stages in the consideration of a complaint in relation to which that assistance must be provided;

(e) the kind of publicity that must be given to the arrangements for the provision of that assistance.

Representations relating to certain children etc

174

(1) A local authority must establish a procedure for considering—

(a) representations (including complaints) made to the authority by a person to whom subsection (3) applies about its discharge of a qualifying function in relation to a child who is being looked after by it, or who is not being looked after by it but may have needs for care and support;

(b) representations (including complaints) made to the authority by a person to whom subsection (4) applies about its discharge of functions under section 14F of the Children Act 1989 (special guardianship support services) which have been specified in regulations;

(c) representations (including complaints) made to the authority by a person to whom subsection (5) applies about its discharge of functions under the Adoption and Children Act 2002 which have been specified in regulations.

(2) The following are qualifying functions for the purposes of subsection (1)(a)—

(a) functions exercisable in relation to a child under Parts 3 to 6 (other than functions which are exercisable in relation to the child as a carer);

(b) functions exercisable in relation to a child under Part 7;

(3) This subsection (relating to representations about the discharge of qualifying functions) applies to—

(a) the child who is being looked after by the local authority, or who is not being looked after by it but may have needs for care and support;

(b) a parent of the child;

(d) a local authority foster parent with whom the child is placed under section 81(5);

(e) a prospective adopter with whom the child is placed under section 81(11);

(f) any other person whom the local authority considers has a sufficient interest in the child's welfare to warrant his or her representations being considered by the authority.

(4) This subsection (relating to representations about the discharge of specified functions under section 14F of the Children Act 1989) applies to—

(a) a child in relation to whom a special guardianship order is in force;

(b) a special guardian or a parent of the child;

(d) any other person whom the local authority considers has a sufficient interest in the welfare of the child to warrant his or her representations being considered by the authority.

(5) This subsection (relating to representations about the discharge of specified functions under the Adoption and Children Act 2002) applies to—

(a) a person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption services (within the meaning of that Act) extend;

(b) any other person whom the authority considers has sufficient interest in a child who is or may be adopted to warrant his or her representations being considered by it.

(6) A local authority must ensure (subject to subsection (8)) that the procedure which it establishes for the purposes of this section secures that at least one person who is not a member or officer of the local authority takes part in—

(a) the consideration of any representation to which this section applies, and

(b) any discussions which are held by the authority about the action to be taken, as a result of that consideration, in relation to the person to whom the representation relates.

(7) Regulations may make further provision about the procedure which must be established for the purposes of this section.

(8) The regulations may provide (among other things) that subsection (6) does not apply in relation to a consideration or discussion which takes place for the purpose of resolving informally the matters raised in a representation.

(9) A local authority must give publicity to the procedure which it establishes for the purposes of this section.

Representations relating to certain children etc: further provision

175

(1) A local authority, in considering representations to which section 174 applies, must comply with requirements imposed by or under subsections (6) to (8) of that section.

(2) Regulations may require local authorities to monitor the steps they have taken to ensure that they comply with those requirements.

(3) Regulations may impose time limits on the making of representations to which section 174 applies.

(4) Where a representation has been considered under a procedure established for the purposes of section 174, the local authority must—

(a) have regard to the findings of the persons who considered the representation, and

(b) take such steps as are reasonably practicable to notify (in writing) the persons mentioned in subsection (5) of the authority's decision and its reasons for taking that decision and of any action which it has taken or proposes to take.

(5) The persons are—

(a) the person who made the representation,

(b) the person to whom the representation relates (if different), and

(6) Where the person mentioned in subsection (5)(b) or (c) is a child, the duty under subsection (4)(b) applies only where the local authority considers that the child has sufficient understanding.

Representations relating to former looked after children etc

176

(1) A local authority must establish a procedure for considering representations (including complaints) made to it by persons to whom subsection (2) applies about the discharge of its functions under Parts 3 to 7 in relation to those persons.

(2) This subsection applies to—

(a) category 2 young persons;

(b) category 3 young persons;

(d) category 5 young persons;

(e) category 6 young persons;

(f) persons under the age of 25 who, if they were under the age of 21, would be—

(i) category 5 young persons, or

(ii) category 6 young persons falling within that category by virtue of section 104(3)(a).

(3) Regulations may impose—

(a) requirements in relation to the procedure that must be established;

(b) time limits on the making of representations to which the procedure applies.

(4) A local authority must—

(a) give publicity to the procedure which it establishes for the purposes of this section;

(b) comply with any requirements imposed under subsection (3)(a) in considering representations to which this section applies.

(5) In this section “category 2 young person”, “category 3 young person”, “category 4 young person”, “category 5 young person” and “category 6 young person” have the meanings given by section 104.

Further consideration of representations

177

(1) Regulations may make provision for the further consideration of representations (including complaints) which fall within section 174 or 176.

(2) The regulations may, for example, make provision—

(a) for the further consideration of a representation by an independent panel established under the regulations;

(b) about the procedure to be followed on the further consideration of a representation;

(c) for the making of recommendations about the action to be taken as a result of the further consideration of a representation;

(d) about the making of reports about the further consideration of a representation;

(e) about the action to be taken by the local authority concerned as a result of the further consideration of a representation;

(f) for a representation to be referred back to the local authority concerned for reconsideration by the authority.

(3) The regulations may—

(a) require the making of a payment, in relation to the further consideration of a representation, by a local authority in respect of whose functions the representation is made;

(b) require the payment—

(i) to be made to a person or body specified in the regulations, and

(ii) to be of an amount specified in, or calculated or determined under, the regulations;

(c) require an independent panel to review the amount chargeable under paragraph (a) in a particular case and, if the panel thinks fit, to substitute a lesser amount;

(d) provide for different parts or aspects of a representation to be treated differently;

(e) require the production of information or documents to enable a representation to be properly considered;

(f) authorise the disclosure of information or documents relevant to a representation to a person who, or a body which, is further considering a representation under the regulations (despite any rule of common law that would otherwise prohibit or restrict the disclosure).

(4) The regulations may also provide for a representation or any matter raised by a representation—

(a) to be referred to the Public Services Ombudsman for Wales (“the Ombudsman”) for the Ombudsman to consider whether to investigate the representation or matter under the Public Services Ombudsman (Wales) Act 2019 (and to be treated by the Ombudsman as a complaint duly referred under section 3(3) of that Act);

(b) to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations.

Assistance for persons making representations

178

(1) A local authority must make arrangements for the provision of assistance to—

(a) children who make or intend to make representations which fall within section 174, and

(b) persons who make or intend to make representations which fall within section 176.

(2) The duty under subsection (1) includes a duty to make arrangements for the provision of assistance where those representations are further considered under section 177.

(3) The assistance provided under the arrangements must include assistance by way of representation.

(4) Regulations must make further provision in relation to the arrangements.

(5) The regulations—

(a) must require the arrangements to secure that specified persons or categories of persons do not provide assistance, and

(b) may impose other requirements in relation to the arrangements.

(6) Regulations may require local authorities to monitor the steps they have taken to ensure that they comply with requirements imposed by or under this section.

(7) A local authority must give publicity to its arrangements for the provision of assistance under this section.

179

Schedule 3 (which inserts new Parts 2A and 2B into the Public Services Ombudsman (Wales) Act 2005 to give the Public Services Ombudsman for Wales powers to investigate complaints about certain kinds of social care and palliative care and makes consequential amendments) has effect.

Independent advocacy services for complaints about privately arranged or funded palliative care

180

(1) Section 187 of the National Health Service (Wales) Act 2006 (independent advocacy services) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a) for “or independent provider” substitute “ , independent provider or independent palliative care provider ”,

(b) in paragraph (c) omit the words “or the Public Services Ombudsman for Wales”, and

(ca) a complaint to the Public Services Ombudsman for Wales which relates to a health service body or independent palliative care provider,

(3) In subsection (3) insert in the appropriate place—

“independent palliative care provider” means a person who is an independent palliative care provider (within the meaning given by section 34T of the Public Services Ombudsman (Wales) Act 2005),

CHAPTER 3 — ADVOCACY SERVICES

Provision of advocacy services

181

(1) Regulations may require a local authority to arrange for advocacy services to be made available to people with needs for care and support (whether or not those needs are being met by a local authority); this is subject to section 182.

(2) “Advocacy services” are services which provide assistance (by way of representation or otherwise) to persons for purposes relating to their care and support.

(3) The regulations may specify—

(a) the persons, or description of persons, to whom advocacy services are to be made available;

(b) the circumstances in which advocacy services are to be made available;

(4) The regulations must require a local authority to give publicity to its arrangements for making advocacy services available.

Provision of advocacy services: restrictions

182

(1) Regulations under section 181 may not require advocacy services to be made available to a person—

(a) for the purpose of making a complaint in respect of which a local authority is required to make arrangements for the provision of assistance to the person by virtue of regulations under section 173;

(b) for the purpose of making representations in respect of which a local authority is required to make arrangements for the provision of assistance to the person under section 178;

(c) for purposes in respect of which the Welsh Ministers are required to make arrangements to enable an independent mental health advocate to be available under section 130E of the Mental Health Act 1983;

(d) for purposes in respect of which a local authority is required to make arrangements for the provision of independent advocacy services under section 332BB of the Education Act 199669 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 or paragraph 6D of Schedule 17 to the Equality Act 2010;

(e) for purposes in respect of which the Welsh Ministers are required to make arrangements to enable an independent mental capacity advocate to be available under section 35 of the Mental Capacity Act 2005;

(f) for the purpose of making a complaint in respect of which the Welsh Ministers are required to arrange for the provision of independent advocacy services under section 187 of the National Health Service (Wales) Act 2006.

(2) Where—

(a) advocacy services are being provided for a person under section 15, 17, 35, 36, 37 or 38, and

(b) regulations under section 181 would (apart from this subsection) impose a requirement upon a local authority to make advocacy services available to that person in respect of the same matters,

that requirement does not apply.

Publicising advocacy services in care homes

183

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 11 — MISCELLANEOUS AND GENERAL

Miscellaneous

Research and provision of information

184

(1) The Welsh Ministers may conduct, commission, or assist in the conduct of, research into any matter connected with—

(a) their functions under this Act,

(b) the functions mentioned in subsection (12),

(d) the functions of Safeguarding Boards.

(2) A local authority may conduct, commission, or assist in the conduct of, research into any matter connected with—

(a) any of its functions that are mentioned in subsection (12), or

(b) the functions of Safeguarding Boards.

(3) A Local Health Board may conduct, commission, or assist in the conduct of, research into any matter connected with its functions under this Act.

(4) The Welsh Ministers may require a local authority to provide them with information in connection with—

(a) the performance by the authority of any of its functions that are mentioned in subsection (12), and

(b) the persons in relation to whom the authority has exercised those functions.

(5) The Welsh Ministers may require a Local Health Board to provide them with information in connection with—

(a) the performance of its functions under this Act, and

(b) the persons in relation to whom it has exercised those functions.

(6) The Welsh Ministers may require the lead partner of a Safeguarding Board to provide them with information in connection with the performance by that Board of its functions.

(7) The Welsh Ministers may require a voluntary organisation to provide them with information in connection with adults accommodated by the organisation or on its behalf.

(8) A requirement under subsection (4), (5), (6) or (7) must be complied with by providing the information in such form and at such time as the Welsh Ministers may require.

(9) Information required to be provided under subsection (4) may include information relating to and identifying individual children, but only if that information is needed to inform—

(a) the review and development of policy and practice relating to the well-being of children, or

(b) the conduct of research relating to the well-being of children.

(10) The Welsh Ministers must in each year lay before the National Assembly for Wales a summary of the information provided to them under subsections (4), (5), (6) and (7), but the summary must not include information that identifies an individual child or allows an individual child to be identified.

(11) In this section—

“the lead partner of a Safeguarding Board” (“partner arweiniol Bwrdd Diogelu”) is the Safeguarding Board partner specified as the lead partner in regulations under section 134, and

“Safeguarding Board” (“Bwrdd Diogelu”) means a Safeguarding Children Board or a Safeguarding Adults Board established under section 134.

(12) The functions referred to in subsections (1), (2) and (4) are—

(a) any function of a local authority under this Act;

(b) any function of a local authority as a local mental health partner under the Mental Health (Wales) Measure 2010.

Adults in prison, youth detention accommodation or bail accommodation etc

185

(1) In its application to an adult who is detained in prison or youth detention accommodation in Wales, this Act has effect as if references to being ordinarily resident in an area were references to being detained in prison or youth detention accommodation in that area.

(2) In its application to an adult who is residing in approved premises in Wales, this Act has effect as if references to being ordinarily resident in an area were references to being resident in approved premises in that area.

(3) In its application to an adult who is residing in any other premises in Wales because a requirement to do so has been imposed on the adult as a condition of the grant of bail in criminal proceedings, this Act has effect as if references to being ordinarily resident in an area were references to being resident in premises in that area for that reason.

(4) The provisions set out in subsection (5) do not apply in the case of an adult who is—

(a) detained in prison or youth detention accommodation, or

(b) residing in approved premises.

(5) The provisions are—

(a) section 110 (support for category 3 young people);

(b) section 112 (support for category 4 young people);

(d) section 115 (support for category 6 young people and former category 6 young people).

(6) Section 127 (adult protection and support orders) does not apply in the case of an adult who is detained in prison or youth detention accommodation.

(7) See also section 187 for further modifications of this Act's provisions in relation to—

(a) adults who are detained in prison or in youth detention accommodation, and

(b) adults who are residing in approved premises.

Children in youth detention accommodation, prison or bail accommodation etc

186

(1) In subsection (2), a “relevant child” means a child who, having been convicted of an offence—

(a) is detained in youth detention accommodation or in prison,

(b) is residing in approved premises, or

(c) is residing in any other premises because a requirement to do so has been imposed on the child as a condition of the grant of bail in criminal proceedings.

(2) Where a relevant child, immediately before being convicted of an offence—

(a) has needs for care and support that are being met by a local authority under Part 4,

(b) is looked after by a local authority by virtue of being provided with accommodation by the authority, or

the child is to be treated for the purposes of this Act as being within that local authority's area while he or she is a relevant child (and is not to be treated as being ordinarily resident or within any other local authority's area).

(3) The provisions set out in subsection (4) do not apply in relation to a child who, having been convicted of an offence—

(a) is detained in youth detention accommodation or in prison, or

(b) is residing in approved premises.

(4) The provisions are—

(a) section 79 (provision of accommodation for children in care);

(b) section 80 (maintenance of looked after children);

(d) section 82 (review of child's case before making alternative arrangements for accommodation);

(e) section 109 (support for category 2 young people);

(f) section 114 (support for category 5 young people and former category 5 young people);

(g) section 115 (support for category 6 young people and former category 6 young people);

(h) paragraph 1 of Schedule 1 (liability to contribute towards maintenance of looked after children).

(5) Section 119 (use of accommodation for restricting liberty) does not apply in relation to—

(a) a child who, having been convicted of an offence—

(i) is detained in youth detention accommodation or in prison, or

(ii) is residing in approved premises, or

(b) a child who is remanded to youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(6) The provisions set out in subsection (7) do not apply in relation to a child who—

(a) having been convicted of an offence—

(i) is detained in youth detention accommodation or in prison, or

(ii) is residing in approved premises, and

(b) immediately before being convicted, was provided with accommodation by a local authority in England under section 20 of the Children Act 1989.

(7) The provisions are—

(a) section 21 (duty to assess the needs of a child for care and support);

(b) section 37 (duty to meet care and support needs of a child);

(8) See also section 187 for further modifications of this Act's provisions in relation to—

(a) children who are detained in youth detention accommodation or in prison, and

(b) children who are residing in approved premises.

Persons in prison, youth detention accommodation or bail accommodation etc

187

(1) A person is not a carer for the purposes of this Act if the person—

(a) is detained in prison or youth detention accommodation, or

(b) having been convicted of an offence, is residing in approved premises.

(2) Regulations under section 49A or Schedule A1 (direct payments) may not require or allow payments to be made towards the cost of meeting a person's needs for care and support if that person, having been convicted of an offence, is—

(a) detained in prison or in youth detention accommodation, or

(b) residing in approved premises.

(3) The power under section 57 (preference for particular accommodation) may not be exercised in the case of a person who is—

(a) detained in prison or in youth detention accommodation, or

(b) residing in approved premises,

except for the purpose of making provision with respect to accommodation for the person on the person's release from prison or youth detention accommodation (including temporary release), or on the person's ceasing to reside in the approved premises.

(4) Section 58 (protecting property of persons being cared for away from home) does not apply in the case of a person who is—

(a) detained in prison or in youth detention accommodation, or

(b) residing in approved premises.

Interpretation of sections 185 to 187

188

(1) In sections 185 to 187—

“approved premises” (“mangre a gymeradwywyd”) has the meaning given by section 13 of the Offender Management Act 2007;

“bail in criminal proceedings” (“mechnïaeth mewn achos troseddol”) has the meaning given by section 1 of the Bail Act 1976;

“prison” (“carchar”) has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act);

“youth detention accommodation” (“llety cadw ieuenctid”) means— a secure accommodation service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016); a secure training centre;a secure collegea young offender institution;accommodation provided, equipped and maintained by the Welsh Ministers under section 82(5) of the Children Act 1989 for the purpose of restricting the liberty of children;accommodation, or accommodation of a description, for the time being specified by regulations under section 248(1)(f) of the Sentencing Code (youth detention accommodation for purposes of detention and training orders).

(2) For the purposes of sections 185 to 187—

(a) a person who is temporarily absent from prison or youth detention accommodation is to be treated as detained in prison or youth detention accommodation for the period of absence;

(b) a person who is temporarily absent from approved premises is to be treated as residing in approved premises for the period of absence;

(c) a person who is temporarily absent from other premises in which the person is required to reside as a condition of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence.

Provider failure: temporary duty on local authority

189

(1) This section applies where a service provider becomes unable to provide a regulated service because of business failure.

(2) A local authority must for so long as it considers necessary (and in so far as it is not already required to do so) meet—

(a) those of an adult's needs for care and support, and

(b) those of a relevant carer's needs for support,

which were, immediately before the service provider became unable to provide the regulated service, being met in the authority's area by the service provider (but this is subject to section 190).

(3) A local authority is required to meet needs under subsection (2) regardless of—

(a) whether the relevant person is ordinarily resident in its area;

(b) whether the authority has carried out a needs assessment or a financial assessment;

(4) A local authority may impose a charge for meeting needs under subsection (2) (except in so far as those needs are met by the provision of information or advice).

(5) A charge under subsection (4)—

(a) may be imposed only in respect of needs which were not, immediately before the service provider became unable to provide the regulated service, being met—

(i) under arrangements made by a local authority discharging its duty under section 35 or 40, or exercising its power under section 36 or 45, or

(ii) by the provision of accommodation or services all or part of the cost of which was paid for by direct payments made by virtue of section 49A(1)(a) or (c);

(b) may cover only the cost that the local authority incurs in meeting those needs.

(6) Sections 60 to 67, 70, 71 and 73 apply to charging under subsection (4) as they apply to charging under section 59, and accordingly a local authority's power to impose a charge under that subsection is subject to—

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

(b) the authority's duties under sections 63, 66 and 67 (if applicable).

(7) If the relevant person is not ordinarily resident in the area of the local authority which is required to meet needs under subsection (2), the authority—

(a) must, in meeting needs under that subsection which were being met under arrangements made by another local authority discharging its duty under section 35 or 40 or exercising its power under section 36 or 45, co-operate with that authority;

(b) must, in meeting needs under that subsection which were being met under arrangements all or part of the cost of which was paid for by another local authority by means of direct payments made by virtue of section 49A(1)(a) or (c), co-operate with that authority;

(c) may recover from the other local authority mentioned in paragraph (a) or (b) the cost it incurs in meeting those of the adult's needs or the relevant carer's needs referred to in the paragraph in question.

(8) Any dispute between local authorities about the application of this section is to be determined under section 195 as if it were a dispute of the type mentioned in subsection (1) of that section.

(9) In this section and (where relevant) in section 190 and 191—

“regulated service” (“gwasanaeth rheoleiddiedig”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;

“relevant carer” (“gofalwr perthnasol”) means a carer who—is an adult, andprovides or intends to provide care for another adult;

“relevant person” (“person perthnasol”) means—in a case involving an adult's needs for care and support, that adult;in a case involving a relevant carer's needs for support, the adult needing care.

“service provider” (“darparwr gwasanaeth”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

Provider failure: exception to temporary duty

190

(1) A local authority is not required to meet needs which were, immediately before the service provider became unable to provide the regulated service, being met—

(a) under arrangements made by a local authority in England under Part 1 of the Care Act 2014;

(b) under arrangements made by a local authority in Scotland discharging its duty under section 12 or 13A of the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003;

(c) under arrangements made by a Health and Social Care trust under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) or section 2 of the Carers and Direct Payments Act (Northern Ireland) 2002;

(d) by the provision of accommodation or services all or part of the cost of which was paid for by direct payments made—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ia) by virtue of sections 31 to 33 of the Care Act 2014,

(ii) as a result of the choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013, or

(iii) by virtue of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.

(2) Pending the commencement of Part 1 of the Care Act 2014, subsection (1)(a) is to be read as if there were substituted for it—

(a) under arrangements made by or by means of services provided by a local authority in England under— (i) Part 3 of the National Assistance Act 1948, (ii) section 45 of the Health Services and Public Health Act 1968, (iii) section 117 of the Mental Health Act 1983, (iv) Schedule 20 to the National Health Service Act 2006, or (v) section 2 of the Carers and Disabled Children Act 2000;

(3) Pending the commencement of section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013, subsection (1)(d)(ii) is to be read as if there were substituted for it—

(ii) under section 12B of the Social Work (Scotland) Act 1968, or

Provider failure: supplementary

191

(1) A local authority becomes subject to the duty under section 189(2) as soon as it becomes aware of the business failure.

(2) Section 34 (how to meet needs) and sections 46 to 49 (meeting needs: exceptions and restrictions) apply to meeting needs under section 189 as they apply to meeting needs under sections 35 to 45.

(3) Regulations may make provision about the persons whom the local authority must involve in connection with meeting needs under section 189(2).

(4) Where a person whose needs are being met by a local authority under section 189(2) is also being provided with continuing NHS care under arrangements made by a Local Health Board no part of whose area is in the local authority's area, the Local Health Board is to be treated as a relevant partner of the authority for the purposes of sections 162 and 164.

(5) In subsection (4) “continuing NHS care” means services or facilities provided by virtue of sections 3(1)(e) and 12 of the National Health Service (Wales) Act 2006.

(6) Where a local authority considers it necessary to do so for the purpose of carrying out its duty under section 189(2), it may request the service provider, or such other person involved in the service provider's business as it considers appropriate, to provide it with information.

(7) Regulations must make provision for the purposes of section 189 and this section as to the interpretation of references to business failure or to being unable to do something because of business failure; and the regulations may, in particular, specify circumstances in which a person is to be treated as unable to provide a regulated service because of business failure.

Amendment of the National Assistance Act 1948

192

In section 49 of the National Assistance Act 1948 (expenses of council officers acting as receivers), after “Act” insert “ , other than one in Wales, ”.

Supplementary

Recovery of costs between local authorities

193

(1) Subsection (2) applies where—

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

(b) the care and support was provided either—

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

(ii) with the consent of authority B.

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

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

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

(a) a community home provided by authority A,

(b) a controlled community home, or

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

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

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

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

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

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

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

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

Ordinary residence

194

(1) Where an adult has needs for care and support which can be met only if the adult is living in accommodation of a type specified in regulations and the adult is living in accommodation in Wales of a type so specified, the adult is to be treated for the purposes of this Act as ordinarily resident—

(a) in the area in which the adult was ordinarily resident immediately before the adult began to live in accommodation of a type specified in the regulations, or

(b) if the adult was of no settled residence immediately before the adult began to live in accommodation of a type so specified, in the area in which the adult was present at that time.

(2) Where, before beginning to live in his or her current accommodation, the adult was living in accommodation of a type so specified (whether or not of the same type as the current accommodation), the reference in subsection (1)(a) to when the adult began to live in accommodation of a type so specified is a reference to the beginning of the period during which the adult has been living in accommodation of one or more of the specified types for consecutive periods.

(3) The regulations may make provision for determining for the purposes of subsection (1) whether an adult has needs for care and support which can be met only if the adult is living in accommodation of a type specified in regulations.

(4) A person who is being provided with accommodation under a health enactment is to be treated for the purposes of this Act as ordinarily resident—

(a) in the area in which the person was ordinarily resident immediately before the accommodation was provided, or

(b) if the person was of no settled residence immediately before the accommodation was provided, in the area in which the person was present at that time.

(4A) A person who is being provided with accommodation under section 117 of the Mental Health Act 1983 (after-care) is to be treated for the purposes of this Act as ordinarily resident in the area of the local authority, or the local authority in England, on which the duty to provide that person with services under that section is imposed.

(5) In subsection (4) “health enactment” means—

(a) the National Health Service (Wales) Act 2006;

(b) the National Health Service Act 2006;

(d) the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));

(e) the Health and Social Care (Reform) Act (Northern Ireland) 2009.

(6) In determining the ordinary residence of a child for the purposes of this Act, the child's residence in the following places is to be disregarded—

(a) a school or other institution;

(b) a place in which the child is placed in accordance with the requirements of a supervision order under the Children Act 1989;

(c) a place in which the child is placed in accordance with the requirements of a youth rehabilitation order under Chapter 1 of Part 9 of the Sentencing Cod;

(d) accommodation provided by or on behalf of a local authority or a local authority in England;

(e) a place specified in regulations.

(7) See also sections 185(1) to (3) and 186(2) for provision as to the ordinary residence of persons in prison, youth detention accommodation or bail accommodation etc.

(8) For provision about cross-border placements to and from England, Scotland or Northern Ireland, see Schedule 1 to the Care Act 2014.

Disputes about ordinary residence and portability of care and support

195

(1) A dispute between local authorities about where a person is ordinarily resident in Wales for the purposes of this Act, or a dispute between a sending and receiving authority under section 56 about the application of that section in relation to a person, is to be determined by—

(a) the Welsh Ministers, or

(b) a person appointed by the Welsh Ministers for that purpose (“an appointed person”).

(1A) Where the dispute is one to which section 30(2C) of the Children Act 1989 applies (questions of whether child ordinarily resident in England or Wales), then subsection (1) does not apply.

(2) Regulations may make further provision about the resolution of disputes of the type mentioned in subsection (1); the regulations may, for example, make—

(a) provision for ensuring that care and support is provided to a person while a dispute is unresolved;

(b) provision requiring local authorities in dispute to take specified steps before referring a dispute to the Welsh Ministers or an appointed person;

(d) provision about the review of a determination made under subsection (1).

General

Orders and regulations

196

(1) A power to make an order or regulations under this Act is to be exercised by statutory instrument.

(2) A power to make an order or regulations under this Act includes power—

(a) to make different provision for different cases or classes of case, different areas or different purposes;

(b) to make different provision generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case;

(3) Subsections (1) and (2) do not apply to an order which may be made by a court or a justice of the peace.

(4) A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) Subsection (4) does not apply to regulations to which subsection (6) applies.

(6) A statutory instrument containing the following regulations or orders (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales—

(a) regulations under section 3(6), 16(3), 18(3), 32, 37(1), 40(1), 42(1), 119, 127(9), 135(4), 149B(5), 149C(1), 166, 167(3), 168 or 181;

(b) an order under section 140 or 143(2);

(c) regulations under section 198 which amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales;

(ca) the first regulations made under section 83(2B);

(d) the first regulations made under section 144A(2)(b);

(see sections 33 and 141 for further requirements in relation to the making of regulations under section 32 and orders under section 140).

(7) A statutory instrument containing regulations made by the Lord Chancellor under section 101 is subject to annulment in pursuance of a resolution of either House of Parliament.

General interpretation and index of defined expressions

197

(1) In this Act—

“abuse” (“camdriniaeth”, “cam-drin”) means physical, sexual, psychological, emotional or financial abuse (and includes abuse taking place in any setting, whether in a private dwelling, an institution or any other place), and “financial abuse” (“camdriniaeth ariannol”) includes—having money or other property stolen;being defrauded;being put under pressure in relation to money or other property;having money or other property misused;

“adult” (“oedolyn”) has the meaning given by section 3;

“approved premises” (“mangre a gymeradwywyd”) is defined for the purposes of sections 185 to 187 by section 188(1);

“bail in criminal proceedings” (“mechnïaeth mewn achos troseddol”) is defined for the purposes of sections 185 to 187 by section 188(1);

“care and support” (“gofal a chymorth”) has the meaning given by section 4;

“care home” (“cartref gofal”) has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; andmeans a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to adults;

“carer” (“gofalwr”) has the meaning given by section 3;

“child” (“plentyn”) , except in section 83(2C), has the meaning given by section 3;

“children's home” (“cartref plant”) means, except in section 86, a children’s home in England within the meaning of the Care Standards Act 2000 in respect of which a person is registered under Part 2 of that Act; and except in sections 75 and 75A, a place in Wales in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide—a care home service (within the meaning of paragraph 1 of Schedule 1 to that Act) wholly or mainly to children, ora secure accommodation service (within the meaning of paragraph 2 of Schedule 1 to that Act);

“community home” (“cartref cymunedol”) and “controlled community home” (“cartref cymunedol a reolir”) have the meanings given by section 53 of the Children Act 1989;

“disabled” (“anabl”) has the meaning given by section 3;

“education functions” (“swyddogaethau addysg”) has the meaning given by section 579(1) of the Education Act 1996;

“eligibility criteria” (“meini prawf cymhwystra”) means criteria set under section 32;

“enactment” (“deddfiad”) means—except in sections 140(2)(b), 172(7) and 198(2)(b), a provision contained in any of the following (whenever enacted or made)—an Act of Parliament;an Act or Measure of the National Assembly for Wales;an Act of the Scottish Parliament;Northern Ireland legislation (within the meaning of the Interpretation Act 1978);subordinate legislation made under an enactment falling within sub-paragraphs (i) to (iv);in sections 140(2)(b), 172(7) and 198(2)(b), a provision contained in any of the following (whenever enacted or made)—an Act of Parliament;an Act or Measure of the National Assembly for Wales;subordinate legislation made under an enactment falling within sub-paragraph (i) or (ii);

“family” (“teulu”), in relation to a child, includes (but is not limited to) any person who has parental responsibility for the child and any other person with whom the child has been living;

“financial assessment” (“asesiad ariannol”) has the meaning given by section 63;

“financial limit” (“terfyn ariannol”) has the meaning given by section 66(5);

“function” (“swyddogaeth”) means power or duty;

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Social Services and Well-being (Wales) Act 2014

Power to require local authority to obtain advisory services

153

Power to require performance of functions by other persons on behalf of authority

154

Power to require performance of functions by Welsh Ministers or nominee

155

Power to direct exercise of other social services functions

156

General power to give directions and take steps

157

Intervention: duty to report

158

Directions

159

Duty to co-operate

160

Powers of entry and inspection

161

PART 9 — CO-OPERATION AND PARTNERSHIP

Co-operation

Arrangements to promote co-operation: adults with needs for care and support and carers

162

Arrangements to promote co-operation: children

163

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

164

Promoting integration of care and support with health services etc

165

Partnership arrangements

Partnership arrangements

166

Resources for partnership arrangements

167

Partnership boards

168

Guidance about partnership arrangements

169

Adoption

Adoption service: joint arrangements

170

PART 10 — COMPLAINTS, REPRESENTATIONS AND ADVOCACY SERVICES

CHAPTER 1 — COMPLAINTS AND REPRESENTATIONS ABOUT SOCIAL SERVICES

Complaints about social services

171

Complaints about social services: supplementary

172

Assistance for complainants

173

Representations relating to certain children etc

174

Representations relating to certain children etc: further provision

175

Representations relating to former looked after children etc

176

Further consideration of representations

177

Assistance for persons making representations

178

CHAPTER 2 — COMPLAINTS ABOUT PRIVATE SOCIAL CARE AND PALLIATIVE CARE

Investigation of complaints about privately arranged or funded social care and palliative care

179

Independent advocacy services for complaints about privately arranged or funded palliative care

180

CHAPTER 3 — ADVOCACY SERVICES

Provision of advocacy services

181

Provision of advocacy services: restrictions

182

Publicising advocacy services in care homes

183

PART 11 — MISCELLANEOUS AND GENERAL

Miscellaneous

Research and provision of information

184

Adults in prison, youth detention accommodation or bail accommodation etc

185

Children in youth detention accommodation, prison or bail accommodation etc

186

Persons in prison, youth detention accommodation or bail accommodation etc