UK Act of Parliament 2014 Wales

Social Services and Well-being (Wales) Act 2014

An Act of the National Assembly for Wales to reform social services law; to make provision about improving the well-being outcomes for people who need care and support and carers who need support; to make provision about co-operation and partnership by public authorities with a view to improving the well-being …

Enforced by
CIW
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 2 of 60 obligations carry a fine up to £2,500. 3 carry different penalties and 55 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person7 Director or Officer1

Plus 52 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTION

0 of 4 sections shown
Part 2

GENERAL FUNCTIONS

4 of 15 sections shown
s.005 Well-being duty (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Public bodies exercising functions under the Act must seek to promote well-beingCrown / Minister / Government department
s.006 Other overarching duties: general (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Consider individual views, dignity and participation in care decisionsLocal authority
s.008 Duty to issue a statement of the outcomes to be achieved (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must issue and publish a well-being outcomes statementCrown / Minister / Government department
s.015 Preventative services (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must provide or arrange preventative servicesLocal authority
11 other sections in this Part — procedural and definitional
s.014 Plans following assessments of needs under section 14
Part 3

ASSESSING THE NEEDS OF INDIVIDUALS

2 of 13 sections shown
Part 4

MEETING NEEDS

8 of 29 sections shown
s.036 Power to meet care and support needs of adult (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify another authority when meeting care needs of out-of-area residentLocal authority
s.039 Duty to maintain family contact (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must help children with care and support needs live with their families or maintain contactLocal authority
s.040 Duty to meet support needs of an adult carer (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must meet support needs of adult carersLocal authority
s.041 Duty to meet support needs of an adult carer: supplementary (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must meet adult carer support needs under specified conditionsLocal authority
s.042 Duty to meet support needs of a child carer (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must meet support needs of child carersLocal authority
s.054 Care and support plans and support plans (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must prepare and maintain care and support plans and support plansLocal authority
s.056 Portability of care and support (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must coordinate care and support when a person moves areaLocal authority
s.058 Protecting property of persons being cared for away from home (opens in a new tab) Prosecution
  • Obstruct local authority officer protecting propertyAny Person

Fine up to £2,500

21 other sections in this Part — procedural and definitional
s.049 Direct payments
s.053 Direct payments: after-care under the Mental Health Act 1983
Part 5

CHARGING AND FINANCIAL ASSESSMENT

2 of 15 sections shown
Part 6

LOOKED AFTER AND ACCOMMODATED CHILDREN

43 of 62 sections shown
s.075 General duty of local authority to secure sufficient accommodation for looked after children (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must secure enough suitable accommodation for looked-after childrenLocal authority
s.075 Duty to secure accommodation: preparation and publication of annual sufficiency plan Regulated
Other duties (1) — Crown / regulator
  • Local authorities must prepare and publish annual sufficiency plans for looked-after childrenLocal authority
s.075 Duty to secure accommodation: procedure for approval of sufficiency plan Regulated
Other duties (1) — Crown / regulator
  • Local authority must prepare and submit draft annual sufficiency plan to Welsh MinistersLocal authority
s.075 Duty to secure accommodation: procedure if draft plan not approved by Welsh Ministers Regulated
Other duties (1) — Crown / regulator
  • Local authority must submit revised annual sufficiency plan after Welsh Ministers reject itLocal authority
s.075 Duty to secure accommodation: reporting Regulated
Other duties (1) — Crown / regulator
  • Local authorities must report annually on children's accommodation sufficiencyLocal authority
s.076 Accommodation for children without parents or who are lost or abandoned etc (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must accommodate children without parental care or at serious riskLocal authority
s.078 Principal duty of a local authority in relation to looked after children (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must safeguard and promote well-being of looked-after childrenLocal authority
s.079 Provision of accommodation for children in care (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must provide accommodation for children in careLocal authority
s.081 Ways in which looked after children are to be accommodated and maintained (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Arrange suitable accommodation and placement for looked after childrenLocal authority
s.082 Review of child's case before making alternative arrangements for accommodation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must review child's case before arranging alternative accommodationLocal authority
s.097 Duty of local authority to ensure visits to, and contact with, looked after children and other children (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must arrange visits and support for looked-after childrenLocal authority
s.098 Independent visitors for looked after children (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must appoint independent visitor for looked after childrenLocal authority
s.099 Appointment of independent reviewing officer (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must appoint an independent reviewing officer for each looked-after childLocal authority
s.105 Keeping in touch (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must contact category 6 care leavers at appropriate timesLocal authority

amended 2 times (opens in a new tab)

s.107 Pathway assessments and plans: general (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must assess needs and prepare pathway plans for care leaversLocal authority

amended 2 times (opens in a new tab)

s.108 Pathway assessments and plans: post-18 living arrangements (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must ask about and support post-18 living arrangementsLocal authority

amended 2 times (opens in a new tab)

s.120 Assessment of children accommodated by health authorities and education authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Accommodating authorities must notify responsible local authority about children placed for 3+ monthsLocal authority

amended 3 times (opens in a new tab)

s.121 Assessment of children accommodated in care homes or independent hospitals (opens in a new tab) Prosecution
  • Fail to notify local authority about child in careAny Person

Fine up to £1,000 · amended 2 times (opens in a new tab)

s.123 Services for children notified to a local authority ... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must provide services to promote family contact for notified childrenLocal authority

amended 3 times (opens in a new tab)

s.125 Death of children being looked after by local authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify Welsh Ministers and parents when a looked-after child diesLocal authority

amended 2 times (opens in a new tab)

s.125 Jurisdiction of courts

amended 2 times

s.125 Rules of court

amended 2 times

s.125 Privacy for children involved in proceedings under this Part

amended 2 times

s.125 (1) A person must not publish to the public at... Prosecution
  • Publish material identifying a child in certain proceedingsAny Person

Fine up to £2,500 · amended 2 times

19 other sections in this Part — procedural and definitional
s.094 Regulation of the exercise of local authority functions relating to looked after and accommodated children
s.094 Offence of contravening regulations under section 94A
Part 7

SAFEGUARDING

17 of 17 sections shown
s.128 Duty to report adults at risk (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Report suspected adults at risk to the local authorityLocal authority

amended 2 times (opens in a new tab)

s.130 Duty to report children at risk (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Relevant partners must report suspected child at risk to local authorityLocal authority

amended 2 times (opens in a new tab)

s.137 Supply of information requested by Safeguarding Boards (opens in a new tab) Regulated
  • Provide requested safeguarding information to Safeguarding BoardAny Person

amended 2 times (opens in a new tab)

s.139 Safeguarding Boards: supplementary (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Safeguarding Board partners must cooperate and ensure effective operationLocal authority

amended 2 times (opens in a new tab)

Part 8

SOCIAL SERVICES FUNCTIONS

29 of 29 sections shown
s.144 Directors of social services (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities in Wales must appoint a director of social services and provide adequate staffLocal authority

amended 2 times (opens in a new tab)

s.144 Annual reports Regulated
Other duties (1) — Crown / regulator
  • Local authorities must prepare and publish annual social services reportsLocal authority

amended 2 times

s.144 Local market stability reports

amended 2 times

s.144 General duty of the Welsh Ministers Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must promote and maintain high standards in local authority social servicesCrown / Minister / Government department

amended 2 times

s.149 Reviews of studies and research

amended 2 times

s.149 Reviews of local authority social services functions

amended 2 times

s.149 Fees

amended 2 times

s.149 General considerations

amended 2 times

s.152 Power of Welsh Ministers to intervene (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must report on social services interventions and tell councils when resolvedCrown / Minister / Government department

amended 2 times (opens in a new tab)

s.155 Power to require performance of functions by Welsh Ministers or nominee (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must comply with Welsh Ministers' instructions during interventionLocal authority

amended 2 times (opens in a new tab)

s.158 Intervention: duty to report (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Welsh Ministers must lay direction and report to National AssemblyCrown / Minister / Government department

amended 2 times (opens in a new tab)

s.159 Directions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must comply with written directionsLocal authority

amended 2 times (opens in a new tab)

s.160 Duty to co-operate (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must give reasonable assistance to Welsh Ministers and authorised personsLocal authority

amended 2 times (opens in a new tab)

s.161 Code of practice about inspections Regulated
Other duties (1) — Crown / regulator
  • Inspectors must follow the published code for s.161 inspectionsStatutory regulator

amended 2 times

s.161 Power to require information

amended 2 times

s.161 Offences Prosecution
  • Obstruct a care inspection or fail to comply with requirementsAny Person

Unlimited fine · amended 2 times

Part 9

CO-OPERATION AND PARTNERSHIP

10 of 10 sections shown
Part 10

COMPLAINTS, REPRESENTATIONS AND ADVOCACY SERVICES

13 of 13 sections shown
s.174 Representations relating to certain children etc (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must establish a complaints procedure for children's servicesLocal authority

amended 3 times (opens in a new tab)

s.175 Representations relating to certain children etc: further provision (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must notify decision on section 174 representationsLocal authority

amended 2 times (opens in a new tab)

Part 11

MISCELLANEOUS AND GENERAL

18 of 18 sections shown
s.184 Research and provision of information (opens in a new tab) Regulated
  • Voluntary organisations must provide information the Welsh Ministers requireAny Person

amended 2 times (opens in a new tab)

s.189 Provider failure: temporary duty on local authority (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must temporarily meet care needs when provider failsLocal authority

amended 10 times (opens in a new tab)

s.195 Offences committed by bodies or partnerships Regulated
  • Directors, officers and partners personally liable for care offencesDirector or Officer

amended 3 times

Schedules

Schedules

2 of 50 shown
s.sch001 (1) Where a contributor has been served with a contribution... Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify court of contribution agreementLocal authority
s.sch003 After Part 2 (investigation of complaints) insert— PART 2A INVESTIGATION... Regulated
  • Care providers must respond to Ombudsman's investigation report within one monthAny Person
48 other schedules
s.sch001 (1) Where a local authority is looking after a child...
s.sch001 (1) Contributions towards a child's maintenance may only be recovered...
s.sch001 CONTRIBUTIONS TOWARDS MAINTENANCE OF LOOKED AFTER CHILDREN
s.sch001 Regulations may provide for— (a) the considerations which a local...
s.sch001 (1) A contribution notice required under this Schedule to be...
s.sch003 The Public Services Ombudsman (Wales) Act 2005 is amended as...
s.sch003 The Local Government Act 2000 is amended as follows.
s.sch003 Section 67 (consultation with ombudsmen) has effect, until the repeal...
s.sch003 In section 70 (investigations: further provisions), in subsection (2), in...
s.sch003 The Public Services Ombudsman (Wales) Act 2005 is amended as...
s.sch003 In the heading to Part 2 (investigation of complaints), after...
s.sch003 In section 2 (power of investigation)— (a) in subsection (1),...
s.sch003 In section 4 (who can complain), in subsection (1)—
s.sch003 In section 7 (matters which may be investigated), in subsection...
s.sch003 In section 9 (exclusion: other remedies)— (a) in subsection (1),...
s.sch003 In section 10 (other excluded matters), in subsection (1), after...
s.sch003 In section 14 (information, documents, evidence and facilities), before subsection...
s.sch003 In section 23 (special reports: supplementary)— (a) in subsection (1),...
s.sch003 Omit the italic cross-heading before section 25 (consultation and co-operation)....
s.sch003 Omit sections 25 to 25B (consultation and co-operation).
s.sch003 Omit the italic cross-heading before section 26 (disclosure).
s.sch003 Omit sections 26 and 27 (disclosure of information).
s.sch003 Omit section 32 (protection from defamation claims).
s.sch003 In section 41 (interpretation), in subsection (1)—
s.sch003 In the heading to section 42 (former health care providers...
s.sch003 (1) Section 42 (former health care providers and social landlords:...
s.sch003 Until the coming into force of Part 5 of the...
s.sch003 (1) Schedule 1 (Public Services Ombudsman for Wales: appointment etc)...
s.sch003 In the title to Schedule 2, after “MATTERS” insert “...
s.sch003 The Commissioner for Older People (Wales) Act 2006 is amended...
s.sch003 In section 18 (power to disclose information), in subsection (1),...
s.sch003 In Schedule 4 (minor and consequential amendments), in paragraph 2,...
s.sch003 In Schedule 10 to the Government of Wales Act 2006...
s.sch003 (1) Schedule 3 to the Welsh Language (Wales) Measure 2011...
s.sch003 After Schedule 3 (listed authorities) insert— SCHEDULE 3A EXCLUDED MATTERS:...
s.sch003 The Local Government Act 1974 is amended as follows.
s.sch003 In section 29 (investigations: further provisions), in subsection (5), for...
s.sch003 In section 33 (consultation between Local Commissioner, the Parliamentary Commissioner...
s.sch003 In section 34G (investigations: further provisions), in subsection (2), for...
s.sch003 In section 34M (consultation with other Commissioners), in subsection (7),...
s.schedule a1 para.1 General
s.schedule a1 para.2 But regulations under paragraph 1 may not require or allow...
s.schedule a1 para.3 A payment under this Schedule is referred to in this...
s.schedule a1 para.4 Direct payments: after-care services for an adult
s.schedule a1 para.5 Direct payments: after-care services for a child
s.schedule a1 para.6 Further provision for direct payments: after-care
s.schedule a1 para.7 Regulations under this Schedule must specify that direct payments to...
s.schedule a1 para.8 A person to whom a local authority makes a direct...

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