Social Work (Scotland) Act 1968

Part I — Administration

Performance of their duties by local authorities

Control of residential and other establishments.

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• (1) It shall be the duty of a local authority to enforce and execute within their area the provisions of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.

• (2) The local authorities for the purposes of this Act shall be councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The functions of local health authorities in respect of their areas under the following enactments—

• (a) . . .

• (b) Mental Health (Care and Treatment) (Scotland) Act 2003 . . . ; . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) On the date of the commencement of Part III of this Act the functions of education authorities in relation to the establishments which immediately before that date were approved schools and the children resident therein shall be transferred to the local authorities in whose areas the said children are ordinarily resident or, in the case of children who have no ordinary residence in Scotland, such local authorities as the Secretary of State may determine.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The social work committee

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The director of social work

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• (1) For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer.

• (2) The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.

Provisions relating to performance of functions by local authorities

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Where a function is assigned to a local authority under this Act or section 25 (provision of care and support services for persons who have or have had a mental disorder), 26 (provision of services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or Part II of the Children (Scotland) Act 1995 or any of Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) or Part 2, 3, 4, 5 or 6 of the Carers (Scotland) Act 2016, and a voluntary organisation or other person, including another local authority, is able to assist in the performance of that function, the local authority may make arrangements with such an organisation or other person for the provision of such assistance as aforesaid.

Central Authority

Provision of care and after-care

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• (1) Local authorities shall perform their functions under this Act , Part 2 of the Children (Scotland) Act 1995, the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1) Part 6 (in so far as it applies to looked after children) and Parts 12 and 13 of the Children and Young People (Scotland) Act 2014 (asp 8) , Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011 (asp 1) and the Carers (Scotland) Act 2016 under the general guidance of the Secretary of State.

• (1A) Without prejudice to subsection (1) above, the Secretary of State may issue directions to local authorities, either individually or collectively, as to the manner in which they are to exercise any of their functions under this Act or any of the enactments mentioned in subsection (1B) below; and a local authority shall comply with any direction made under this subsection.

• (1B) The enactments referred to in subsection (1A) above are—

• (a) this Act as read with sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970 and the Disabled Persons (Services, Consultation and Representation) Act 1986;

• (b) Part IV of the Children and Young Persons (Scotland) Act 1937;

• (c) section 22(2) to (5A), (7) and (8), section 26(2) to (4) and sections 43, 45, 47 and 48 of the National Assistance Act 1948;

• (d) the Disabled Persons (Employment) Act 1958;

• (e) sections 10 to 12 of the Matrimonial Proceedings (Children) Act 1958, and sections 11 and 12 of the Guardianship Act 1973;

• (f) sections 44, 51 and 216 of the Criminal Procedure (Scotland) Act 1995;

• (g) the Children Act 1975;

• (h) the Adoption Act 1976;

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

• (j) sections 21 to 23 of the Health and Social Services and Social Security Adjudications Act 1983;

• (k) the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);

• (l) the Foster Children (Scotland) Act 1984;

• (m) sections 38(b) and 235 of the Housing (Scotland) Act 1987;

• (n) the Access to Personal Files Act 1987; . . .

• (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (p) Part II of the Children (Scotland) Act 1995;

• (q) the Adoption and Children (Scotland) Act 2007 (asp 4);

• (r) the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1);

• (s) Parts 5, 6, 9 to 11, 13 to 16, and 18 of the Children’s Hearings (Scotland) Act 2011(asp 1);

• (t) Part 6 (in so far as it applies to looked after children) of the Children and Young People (Scotland) Act 2014 (asp 8);

• (u) the Carers (Scotland) Act 2016.

• (1C) In subsections (1) and (1B) of this section, the references to looked after children are to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.

• (2) The Secretary of State may make regulations in relation to—

• (a) the performance of the functions assigned to local authorities by this Act;

• (b) the activities of voluntary organisations in so far as those activities are concerned with the like purposes;

• (c) the performance of the functions of local authorities under any of the enactments mentioned in paragraphs (b), (d), (e), (g), (h), (i), (l) , (o) ,(p) , (q) and (s) of subsection (1B) above;

• (d) . . ..

• (3) Without prejudice to the generality of subsection (2) above, regulations under this section may make such provision as is mentioned in subsection (4) of this section as regards—

• (a) the boarding out of persons other than children by local authorities and voluntary organisations, whether under any enactment or otherwise; and

• (b) the placing of children under paragraph (a), or the making of arrangements in respect of children under paragraph (c), of section 26(1) of the Children (Scotland) Act 1995, by local authorities.

• (4) The provision referred to in subsection (3) of this section is—

• (a) for the recording—

• (i) by local authorities and voluntary organisations, of information relating to those with whom persons are so boarded out, or who are willing to have persons so boarded out with them; and

• (ii) by local authorities, of information relating to those with whom children are so placed or with whom such arrangements are made or who are willing to have children so placed with them or to enter into such arrangements;

• (b) for securing that—

• (i) persons are not so boarded out in any household unless it is for the time being approved by such local authority or voluntary organisation as may be prescribed by the regulations; and

• (ii) children are not so placed or, in accordance with such arrangements, provided with accommodation, in any household unless it is for the time being approved by the local authority placing the child or as the case may be making the arrangements;

• (c) for securing that, where possible, the person with whom a child is so placed or with whom such arrangements are made is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that persuasion;

• (d) for securing—

• (i) that a person who is, and the place in which he is, so boarded out by a local authority or voluntary organisation is supervised and inspected by that authority or organisation; and

• (ii) that a child who is, and the place in which he is, so placed or, in accordance with such arrangements, provided with accommodation, by a local authority is supervised and inspected by that authority,

and that he shall be removed from the place in question if his welfare appears to require it.

• (5) In subsections (3) and (4) of this section, “child” means a person who is under the age of 18.

Supervision of establishments providing accommodation for persons and inspection of records etc.

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Advisory Council on Social Work

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Research, training courses and financial and other assistance

Research

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• (1) The Secretary of State may conduct or assist other persons in conducting research into any matter connected with his functions or the functions of local authorities in relation to social welfare, and with the activities of voluntary organisations connected with those functions.

• (2) Any local authority may conduct or assist other persons in conducting research into any matter connected with their functions in relation to social welfare.

• (3) The Secretary of State and any local authority may make financial assistance available in connection with any research which they may conduct or which they may assist other persons in conducting under the provisions of this section.

Grants in respect of secure accommodation for children.

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• (1) The Secretary of State may provide courses of training for persons with a view to, or in the course of, their employment or the use of their services for the purposes of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1).

• (2) The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards any fees or expenses incurred by persons undergoing training for any of the purposes of this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1) in circumstances such that it appears to the Secretary of State requisite that the grants should be made, and may defray or contribute towards the cost of maintenance of persons undergoing such training.

• (3) The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by any body of persons in providing training as aforesaid.

Financial and other assistance to voluntary organisations etc., for social work

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• (1) The Secretary of State may make grants and loans of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by voluntary organisations or other persons engaged in any activity connected

• (a) his functions; with—

• (b) the functions of local authorities,

under this Act or under the mentioned in paragraphs (b),(d),(e),(g),(h),(i), (l) , (p) and (u) of section 5(1B) of this Act, in circumstances where it appears to the Secretary of State that such grants or loans should be made.

• (1A) The Scottish Ministers may make grants and loans of such amounts, and subject to such conditions, as they may determine to a voluntary organisation engaged as is mentioned in subsection (1) above to enable that organisation (in this section referred to as the “primary organisation”) to make grants and loans (in this section referred to as “secondary grants and loans”) to other voluntary organisations, or other persons, so engaged, in circumstances where it appears to the primary organisation that the secondary grants and loans should be made; and the Scottish Ministers may require that any secondary grant be subject to such conditions (including conditions for securing the repayment in whole or in part of that grant) as they may specify.

• (2) The conditions on which any grants are paid by the Scottish Ministers under subsection (1) or (1A) above may include conditions for securing the repayment in whole or in part of such grants.

• (3) A local authority may make contributions by way of grant or loan to any voluntary organisation the sole or primary object of which is to promote social welfare.

• (3A) In subsection (3) above, “voluntary organisation the sole or primary object of which is to promote social welfare” includes a person providing, as mentioned in paragraph 8(1)(b) of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8), an adoption ... service registered under Part 5 of that Act.

• (4) A local authority may also make available to such a voluntary organisation as aforesaid the use of premises belonging to the authority on such terms as may be agreed, and furniture, vehicles or equipment (whether by way of gift, loan or otherwise) and the services of any staff employed by the authority in connection with the premises or other things belonging to the local authority which the voluntary organisation is permitted to use.

• (5) On the commencement of this Act, the power of the Secretary of State to give financial assistance and of local authorities to give financial and other assistance under section 65 of the Health Services and Public Health Act 1968 and section 16B of the National Health Service (Scotland) Act 1978 shall cease in so far as any such assistance may be given under this section.

Acquisition of land

Acquisition of land

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• (1) A local authority may be authorised by the Secretary of State to purchase compulsorily any land, whether situated in or outside their area for the purposes of any of their functions under this Act , Part 2 of the Children (Scotland) Act 1995 (c.36) or the Children’s Hearings (Scotland) Act 2011 (asp 1).

• (2) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this section as if the last foregoing subsection had been in force immediately before the commencement of that Act.

Part II — Promotion of Social Welfare by Local Authorities

General

General social welfare services of local authorities

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• (1) It shall be the duty of every local authority to promote social welfare by making available advice, guidance and assistance on such a scale as may be appropriate for their area, and in that behalf to make arrangements and to provide or secure the provision of such facilities (including the provision or arranging for the provision of residential and other establishments) as they may consider suitable and adequate, and such assistance may , subject to subsections (3) to (5) of this section, be given in kind or in cash to, or in respect of, any relevant person..

• (2) A person is a relevant person for the purposes of this section if, not being less than eighteen years of age, he is in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash, where the giving of assistance in either form would avoid the local authority being caused greater expense in the giving of assistance in another form, or where probable aggravation of the person’s need would cause greater expense to the local authority on a later occasion.

• (2A) A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely—

• (a) because he is destitute; or

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

• (2B) Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.

• (3) Before giving assistance to, or in respect of, a person in cash under subsection (1) of this section a local authority shall have regard to his eligibility for receiving assistance from any other statutory body and, if he is so eligible, to the availability to him of that assistance in his time of need.

• (3A) In determining, for the purposes of this section, whether to make available assistance by providing, or securing the provision of, residential accommodation to a person, a local authority shall disregard so much of the person’s resources—

• (a) as may be prescribed; or

• (b) as is determined by them in such a way as may be prescribed,

and any order made by virtue of this subsection may make different provision for different cases and for different persons.

• (3B) An order made by virtue of paragraph (a) of subsection (3A) of this section may prescribe circumstances in which assistance such as is mentioned in that subsection is to be made available disregarding entirely a person’s resources.

• (3C) In subsections (3A) and (3B) of this section, references to a person’s resources are to resources within the meaning of the order prescribing the amount, or as the case may be the way, in question.