Social Work (Scotland) Act 1968

• (2) The Secretary of State may, before an inquiry is commenced, direct that it shall be held in private, but where no such direction has been given the person holding the inquiry may if he thinks fit hold it or any part of it in private.

• (3) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.

6B

• (1) Without prejudice to section 6A(1) of this Act, a local authority may cause an inquiry to be held into their functions under this Act, or any of the enactments mentioned in section 5(1B) of this Act, in so far as those functions relate to children.

• (1A) Where a function mentioned in subsection (1) is delegated by a local authority to a person in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014, this section applies to that person as it applies to a local authority (but subject to the modification in subsection 1B).

• (1B) The modification is that the reference in subsection (3) to an officer of the local authority must be construed as if it were a reference to a member of staff of the person to whom the function is delegated.

• (2) The local authority may, before an inquiry under this section is commenced, direct that it be held in private; but where no such direction is given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.

• (3) Subsections (2) to (6) of section 210 of the Local Government (Scotland) Act 1973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section, so however that, for the purposes of the application, any reference in those subsections to a Minister shall be construed as a reference to the local authority and any reference to an officer of his Department as a reference to an officer of that authority.

• (4) The expenses incurred by a local authority in relation to an inquiry under this section (including such reasonable sum as the authority may determine for the services of any of their officers engaged in the inquiry) shall, unless the authority are of the opinion that those expenses should be defrayed in whole or in part by them, be paid by such party to the inquiry as they may direct; and the authority may certify the amount of the expenses so incurred.

• (5) Any sum certified under subsection (4) above and to be defrayed in accordance with a direction under that subsection shall be a debt due by the party directed and shall be recoverable accordingly.

• (6) The local authority may make an award as to the expenses of the parties at the inquiry and as to the parties by whom such expenses shall be paid.

12A

• (1) Subject to the provisions of this section, where it appears to a local authority that any person for whom they are under a duty or have a power to provide, or to secure the provision of, community care services may be in need of any such services, the authority—

• (a) shall make an assessment of the needs of that person for those services; and

• (b) shall then decide, having regard to the results of that assessment, and taking account—

• (i) if an adult carer provides, or intends to provide, care for that person, of the care provided by that carer,

• (ia) if a young carer provides, or intends to provide, care for that person, of the care provided by that carer,

• (ii) in so far as it is reasonable and practicable to do so, ... of the views of the person whose needs are being assessed ... (provided that ... there is a wish, or as the case may be a capacity, to express a view),

whether the needs of the person being assessed call for the provision of any such services.

• (1A) In subsection (1)(b)(i) and (ia), the reference to the care provided by a carer means—

• (a) in the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,

• (b) in the case of a young carer who has a young carer statement, the information about that care set out in that statement.

• (1B) In—

• (a) assessing the needs of a person for services under subsection (1)(a),

• (b) deciding under subsection (1)(b) whether those needs call for the provision of any services, and

• (c) deciding how any such services are to be provided,

a local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so.

• (2) Before deciding, under subsection (1)(b) of this section, that the needs of any person call for the provision of nursing care, a local authority shall consult a medical practitioner.

• (3) If, while they are carrying out their duty under subsection (1) of this section, it appears to a local authority that there may be a need for the provision to any person to whom that subsection applies—

• (a) of any services under the National Health Service (Scotland) Act 1978 by the Health Board—

• (i) in whose area he is ordinarily resident; or

• (ii) in whose area the services to be supplied by the local authority are, or are likely, to be provided; or

• (b) of any services which fall within the functions of a housing authority (within the meaning of section 130 (housing) of the Local Government (Scotland) Act 1973) which is not the local authority carrying out the assessment,

the local authority shall so notify that Health Board or housing authority, and shall request information from them as to what services are likely to be made available to that person by that Health Board or housing authority; and, thereafter, in carrying out their said duty, the local authority shall take into account any information received by them in response to that request.

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

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

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

• (4) Where a local authority are making an assessment under this section and it appears to them that the person concerned is a disabled person, they shall–

• (a) proceed to make such a decision as to the services he requires as is mentioned in section 4 of the Disabled Persons (Services Consultation and Representation) Act 1986 without his requesting them to do so under that section; and

• (b) inform him that they will be doing so and of his rights under that Act.

• (5) Nothing in this section shall prevent a local authority from providing or arranging for the provision of community care services for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency.

• (6) If, by virtue of subsection (5) of this section, community care services have been provided for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section.

• (7) This section is without prejudice to section 3 of the said Act of 1986.

• (8) In this section—

• “adult carer” and “adult carer support plan” have the meanings given by the Carers (Scotland) Act 2016,

• “community care services” means services, other than services for children, which a local authority is under a duty or has a power to provide, or to secure the provision of, under—Part 2 of this Act; orany of the following provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003— section 25 (care and support services etc. ); section 26 (services designed to promote well-being and social development);section 27 (assistance with travel);

• “disabled person” has the same meaning as in the said Act of 1986; and

• “medical practitioner” means a fully registered person within the meaning of section 55 (interpretation) of the Medical Act 1983.

• “person” means a natural person.

• “young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016.

12AA

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

12AB

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

12B

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

Powers of Secretary of State.

12C

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

Residential accommodation with nursing.

13A

• (1) Without prejudice to section 12 of this Act, a local authority shall

• (a) provide and maintain; or

• (b) make such arrangements as they consider appropriate and adequate for the provision of

suitable residential accommodation where nursing is provided for persons who appear to them to be in need of such accommodation by reason of infirmity, age, illness or mental disorder, dependency on drugs or alcohol or being substantially handicapped by any deformity or disability.

• (2) . . . Arrangements made by virtue of subsection (1) above shall be made with a voluntary or other organisation or other person, being an organisation or person providing—

• (a) an independent health care service which is a private psychiatric hospital; or

• (b) a care home service.

• (2A) In subsection (2)(a) above, “independent health care service” and “private psychiatric hospital” have the same meanings as in section 10F of the National Health Service (Scotland) Act 1978 (c.29).

• (2B) In subsection (2)(b) above, “care home service” has the same meaning as in paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8).

• (3) The provisions of section 6 of this Act apply in relation to premises where accommodation is provided for the purposes of this section as they apply in relation to establishments provided for the purposes of this Act.

• (4) No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—

• (a) because he is destitute; or

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

• (5) 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 (4) above 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.

Provision of care and after-care

Provision of care and after-care

13B

• (1) Subject to subsection (2) below, a local authority may, with the approval of the Secretary of State, and shall, if and to the extent that the Secretary of State so directs, make arrangements for the purpose of the prevention of illness, the care of persons suffering from illness and the after-care of such persons.

• (2) The arrangements which may be made under subsection (1) above do not include arrangements in respect of medical, dental or nursing care, or health visiting.

• (3) No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—

• (a) because he is destitute; or

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

• (4) 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 (3) above 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.

16A

17A

17B

17C

17D

17E

18A

20A

25A

Provision of care and after-care

27ZA

• (1) It shall be a function of a local authority, if and to such extent as the Scottish Ministers so direct and in accordance with the direction, to provide, directly or indirectly, advice, guidance and assistance to any person (and in particular to any person who appears to the local authority to have dependency problems)—

• (a) who is arrested and detained in police custody in their area, but only during the period of such detention; or

• (b) on whom sentence is deferred under section 202(1) of the 1995 Act, but only during the period of deferment and while that person is in their area.

• (2) The function mentioned in subsection (1)(a) above may continue to be exercised by the local authority while the person is in their area for a period not exceeding 12 months from the date of his release from police custody.

• (3) In subsection (1) above, “ dependency problems ” means problems relating to a dependency on drugs, alcohol or some other substance.

27A

• (1) The Scottish Ministers may make a grant to a local authority of such amount as the Scottish Ministers may determine in respect of expenditure incurred by that local authority in providing a relevant service.

• (1A) In subsection (1) above, a “relevant service” means a service—

• (a) for the purposes mentioned in section 27(1) or 27ZA of this Act;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) for such other similar purposes as the Scottish Ministers may prescribe.

• (1B) Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.

• (1A) In a case where two or more local authorities are discharging any function mentioned in section 27(1) or 27ZA of this Act jointly, whether or not in accordance with arrangements made under section 56(5) of the Local Government (Scotland) Act 1973 (c. 65), the power of the Scottish Ministers to make grants under subsection (1) above in respect of expenditure incurred for the purposes mentioned in paragraph (a) of that subsection includes a power to make such grants, on such conditions as are mentioned in that subsection, to a local authority nominated by the local authorities from among their number.

• (2) Before exercising his power under subsection (1A)(c) above the Secretary of State shall consult local authorities and such other bodies as he considers appropriate.

27B

• (1) The Scottish Ministers may make a grant to a local authority of such amount as the Scottish Ministers may determine in respect of relevant expenditure.

• (1A) In subsection (1) above, “relevant expenditure” means expenditure incurred by, ... that local authority in—

• (a) providing; or

• (b) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,

residential accommodation wholly or mainly for the persons mentioned in subsection (2) below.

• (1B) Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.

• (2) The persons referred to in subsection (1A) above are–

• (a) persons mentioned in section 27(1)(b)(i) and (ii) of this Act;

• (b) persons who have been charged with an offence and are on bail;

• (c) persons who have been released from prison or any other form of detention but do not fall within section 27(1)(b)(ii) of this Act; and

• (d) such other classes of persons as the Secretary of State may prescribe.

• (3) Before exercising his power under subsection (2)(d) above the Secretary of State shall consult local authorities and such other persons as he considers appropriate.

34A

36A

58A

58B

58C

58D

58E

58F

58G

Grants in respect of secure accommodation for children.

59A

• (1) The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority in—

• (a) providing;

• (b) joining with another local authority in providing; or

• (c) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of

secure accommodation . . .

• (2) The conditions subject to which grants are made under subsection (1)

of this section may include conditions for securing the repayment in whole or in part of such grants.

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

61A

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

62A

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63A

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

63B

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

64A

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

78A

• (1) Section 87 of this Act (charges for services and accommodation)

shall not apply to the provision of services (including accommodation) under this Act in respect of maintainable children, and the provisions of this section shall apply thereto.

• (2) A local authority providing such services may recover from a contributor a contribution (if any) of such amount as is reasonable and, subject to that, may recover—

• (a) a standard contribution determined by them in respect of maintainable children who are looked after by them; or

• (b) such other contribution as they consider reasonable in the circumstances.

83A

In this Part of this Act, references to a child being looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.

86A

Further provisions relating to direct payments.

92A

The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities in respect of their functions under–

• (a) Part II of this Act; and

• (b) sections 25 to 31 of the Mental Health (Care and Treatment) (Scotland) Act 2003,

in relation to persons suffering from mental illness.

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

Appointment

Children’s Panel Advisory Committee

3A

The Secretary of State may, at the request of the local authority provide for an increase in the membership of the Children’s Panel Advisory Committee for the area of the authority by such number, not exceeding 5, of additional members as the authority specify in relation to their request, the additional members to be nominated as follows—

• (a) the first, second and fourth additional members, by the Secretary of State;

• (b) the third and fifth additional members, by the local authority

5A

The Children’s Panel Advisory Committee shall have power—

• (a) to appoint sub-committees;

• (b) to appoint to any such sub-committee persons who are not members of the Children’s Panel Advisory Committee; and

• (c) to refer all or any of the duties set out in paragraph 5 above to any such sub-committee for their advice;

and the provisions of paragraph 8 below shall apply to any persons appointed under sub-paragraph (b) above as they apply to members of the Children’s Panel Advisory Committee.

5B

• (1) Two or more local authorities may, for the purpose of discharging the function imposed on them by paragraph 3 above, make arrangements to form a Children’s Panel Advisory Committee for their areas (hereafter referred to as a “joint advisory committee”).

• (2) A joint advisory committee shall not be formed in pursuance of arrangements made under sub-paragraph (1) above unless the authorities concerned have obtained the consent in writing of the Secretary of State.

• (3) The Secretary of State may give a direction, in any case where a joint advisory committee has not been formed, to two or more local authorities requiring them to form a joint advisory committee; and the local authorities shall comply with any such direction.

• (4) The provisions of this Schedule shall apply, subject to any necessary modifications, to a joint advisory committee as they apply to a Children’s Panel Advisory Committee formed under the said paragraph 3.

Recruitment and Training of Panel Members

Expenses of Panel Members

Editorial notes