The Safeguarding Boards (General) (Wales) Regulations 2015

Made: 4 June 2015

Laid before the National Assembly for Wales: 9 June 2015

Coming into force: 6 April 2016

The Welsh Ministers, in exercise of the powers conferred by sections 134(1) and (3) and 136 (3)of the Social Services and Well-being (Wales) Act 2014, and after consulting the Safeguarding Board partners for an area in accordance with section 134(3)of that Act [^f00001], make the following Regulations:

Title, Commencement and Application

1

• (1) The title of these Regulations is the Safeguarding Boards (General) (Wales) Regulations 2015.

• (2) These Regulations come into force on 6 April 2016.

• (3) These Regulations apply in relation to Wales.

Interpretation

2

In these Regulations—

• “the Act” (“y Ddeddf”) means the Social Services and Well-being (Wales) Act 2014;

• “annual plan” (“cynllun blynyddol”) means the plan published by a Safeguarding Board under section 136(1) of the Act;

• “annual report” means (“adroddiad blynyddol”) the report published by a Safeguarding Board under section 136(2) of the Act;

• “National Board” (“Bwrdd Cenedlaethol”) means the National Independent Safeguarding Board established by section 132(1) of the Act;

• “principal local government area” (“prif ardal llywodraeth leol”) means a principal local government area as set out in Parts I and II of Schedule 4 to the Local Government Act 1972;

• “Safeguarding Board” (“Bwrdd Diogelu”) means a Safeguarding Children Board[^f00002] or a Safeguarding Adults Board[^f00003];

• “Safeguarding Board partner” (“partner Bwrdd Diogelu”) is to be construed in accordance with section 134(2) and section 134(6)(b) of the Act.

Safeguarding Board Areas

3

The areas in Wales for which there are to be Safeguarding Boards are the principal local government areas set out in column 2 of the table set out in Schedule 1, designated by the name opposite in column 1.

Lead Partners

4

• (1) The Welsh Ministers specify the Safeguarding Board partner shown in column 2 of the table set out in Schedule 2 as the lead partner in relation to children for the area shown opposite in column 1.

• (2) The Welsh Ministers specify the Safeguarding Board partner shown in column 3 of the table set out in Schedule 2 as the lead partner in relation to adults for the area shown opposite in column 1.

Annual plans

5

A Safeguarding Board’s annual plan must include the following information —

• (a) a list of the members of the Safeguarding Board;

• (b) any particular outcomes the Safeguarding Board proposes to achieve;

• (c) a summary of any improvement the Safeguarding Board proposes to make to enable it better to fulfil its objectives;

• (d) the amount of expenditure which the Safeguarding Board partners agree the Safeguarding Board is likely to incur in order to achieve its objectives;

• (e) a description of how the Safeguarding Board proposes to collaborate with other persons or bodies engaged in activities relating to its objectives;

• (f) when and how the Safeguarding Board will give children and adults who are, or may be, affected by the exercise of its functions, the opportunity to participate in its work.

Annual reports

6

• (1) A Safeguarding Board’s annual report must include the information set out in Schedule 3

• (2) As far as practicable the report is to follow the form of the Safeguarding Board‘s most recent annual plan.

Publication of annual plans and annual reports

7

A Safeguarding Board must—

• (a) make its current annual plan and annual report publicly available,

• (b) make available on request a copy of any of its past annual plans and annual reports,

• (c) send its current annual plan and annual report to the National Board.

SCHEDULE 1 — Safeguarding Board Areas

Cardiff and Vale

SCHEDULE 2 — Lead Partners

SCHEDULE 3 — Content of Annual Report

A Safeguarding Board’s annual report must include the following information.—

• (a) a list of the members of the Safeguarding Board;

• (b) action the Safeguarding Board has taken to achieve particular outcomes;

• (c) the extent to which the Safeguarding Board has implemented its most recent annual plan, with particulars of how far any specific proposed improvements were implemented;

• (d) how the Safeguarding Board has collaborated with other persons or bodies engaged in activities relating to the board’s objectives;

• (e) any requests the Safeguarding Board has made to qualifying persons under section 137(1) for specified information, and whether the requests were complied with;

• (f) achievements the Safeguarding Board made during the year;

• (g) the extent to which each member of the Safeguarding Board contributed to the Board’s effectiveness;

• (h) an assessment of how the Safeguarding Board used its resources in exercising its functions or achieving its outcomes;

• (i) any underlying themes in the way the Safeguarding Board exercised its functions, as shown by an analysis of cases it has dealt with, and any changes it has put into practice as a result;

• (j) when and how children or adults exercised an opportunity to participate in the Safeguarding Board’s work and how this contributed to the Board achieving its outcomes;

• (k) the number of adult protection and support orders which were applied for in the Safeguarding Board area, how many were made, and how effective they were;

• (l) any information or learning the Safeguarding Board has disseminated, or training it has recommended or provided;

• (m) how the Safeguarding Board has implemented any guidance or advice given by the Welsh Ministers or by the National Board;

• (n) other matters relevant to the work of the Safeguarding Board.

Signed

Mark Drakeford — Minister for Health and Social Services, one of the Welsh Ministers — 4 June 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations relate to Safeguarding Children Boards established under section 134(4) of the Social Services and Well-being (Wales) Act 2014 (“the Act”) and Safeguarding Adults Boards established under section 134(5) of the Act. In these Regulations Safeguarding Children Boards and Safeguarding Adults Boards are referred to collectively as “Safeguarding Boards”.

Regulation 3 and Schedule 1 set out the areas for which there are to be Safeguarding Boards.

Regulation 4 provides that the lead partners for children in the area are set out in Schedule 2 column 2 and the lead partners for adults in the area are set out in Schedule 2 column 3. Section 134(4) requires the lead partner in relation to children to establish a Safeguarding Children Board and section 134(5) requires the lead partner for adults to establish a Safeguarding Adults Boards for their respective Safeguarding Board area.

Regulation 5 sets out the information to be included in the annual plan published by Safeguarding Boards under section 136(1) of the Act.

Regulation 6 and Schedule 3 set out the information to be included in the annual report published by Safeguarding Boards under section 136(2) of the Act.

Regulation 7 provides for copies of the annual plan and annual report to be made available to the public and to the National Independent Safeguarding Board.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result a Regulatory Impact Assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Social Services and Integration Directorate, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Footnotes

[^f00001]: 2014 anaw 4.

[^f00002]: Safeguarding Children Boards are established by the Safeguarding Board lead partner in relation to children for the area in accordance with section 134(4) of the Social Services and Well-being (Wales) Act 2014 (“the Act”).

[^f00003]: Safeguarding Adults Boards are established by the lead partner in relation to adults in accordance with section 134(5) of the Act.

Editorial notes

[^key-acceef7364be38fd6266974ee2f40010]: Sch. 2 in force at 6.4.2016, see reg. 1(2)

[^key-f8e37f06e9624c5db7a0017ec203ceac]: Sch. 1 in force at 6.4.2016, see reg. 1(2)

[^key-d8e67ef62c6eaaed07c7b98ce47930b0]: Reg. 1 in force at 6.4.2016, see reg. 1(2)

[^key-2d79331090bfe36771729dc22478f707]: Reg. 2 in force at 6.4.2016, see reg. 1(2)

[^key-931182fc6400e4700406f6e9377cb7a6]: Reg. 3 in force at 6.4.2016, see reg. 1(2)

[^key-724137c18c8d0a11ab5a54e916e202da]: Reg. 4 in force at 6.4.2016, see reg. 1(2)

[^key-895c70e75aceedb5422a0e5b9ea02361]: Reg. 5 in force at 6.4.2016, see reg. 1(2)

[^key-e3548947cea1601b76fc34a18b16647d]: Reg. 6 in force at 6.4.2016, see reg. 1(2)

[^key-7fc2b8d70987f3be847987860e5e14d8]: Reg. 7 in force at 6.4.2016, see reg. 1(2)

[^key-9a3d4f7a943ffc015b784cfac0a88628]: Sch. 3 in force at 6.4.2016, see reg. 1(2)

[^key-d10bec23c1b231b4c1148ef3a7d8947c]: Words in Sch. 2 table substituted (25.5.2018) by The Safeguarding Boards (General) (Wales) (Amendment) Regulations 2018 (S.I. 2018/494), regs. 1(1), 2

[^key-51902046924c720bd067835ed2a591cd]: Words in Sch. 1 table substituted (1.4.2019) by The Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019 (S.I. 2019/349), arts. 1(1), 10(2)(a)(i)

[^key-6cab2cb1a3e0a9996693d9d284db476b]: Words in Sch. 1 table substituted (1.4.2019) by The Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019 (S.I. 2019/349), arts. 1(1), 10(2)(a)(ii)

[^key-729897d6eebd01793b25540770476424]: Words in Sch. 1 table inserted (1.4.2019) by The Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019 (S.I. 2019/349), arts. 1(1), 10(2)(b)(i)

[^key-4fe966de47f006daaee03531b615eea6]: Words in Sch. 1 table omitted (1.4.2019) by virtue of The Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019 (S.I. 2019/349), arts. 1(1), 10(2)(b)(ii)

[^key-97c9ef7ab3d903e2a0c3776f07dc97fc]: Words in Sch. 2 table substituted (1.4.2019) by The Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019 (S.I. 2019/349), arts. 1(1), 10(3)(a)

[^key-32a509076dbec52e0c319026afb41358]: Words in Sch. 2 table substituted (1.4.2019) by The Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019 (S.I. 2019/349), arts. 1(1), 10(3)(b)