- 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.
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.
INTRODUCTION
0 of 4 sections shown4 other sections in this Part — procedural and definitional
GENERAL FUNCTIONS
4 of 15 sections shownOther duties (1) — Crown / regulator
- Public bodies exercising functions under the Act must seek to promote well-beingCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Consider individual views, dignity and participation in care decisionsLocal authority
Other duties (1) — Crown / regulator
- Welsh Ministers must issue and publish a well-being outcomes statementCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Local authority must provide or arrange preventative servicesLocal authority
11 other sections in this Part — procedural and definitional
ASSESSING THE NEEDS OF INDIVIDUALS
2 of 13 sections shownOther duties (1) — Crown / regulator
- Local authority must assess adult care and support needsLocal authority
Other duties (1) — Crown / regulator
- Local authority must assess needs of carers for supportLocal authority
11 other sections in this Part — procedural and definitional
MEETING NEEDS
8 of 29 sections shownOther duties (1) — Crown / regulator
- Local authority must notify another authority when meeting care needs of out-of-area residentLocal authority
Other duties (1) — Crown / regulator
- Local authorities must help children with care and support needs live with their families or maintain contactLocal authority
Other duties (1) — Crown / regulator
- Local authorities must meet support needs of adult carersLocal authority
Other duties (1) — Crown / regulator
- Local authority must meet adult carer support needs under specified conditionsLocal authority
Other duties (1) — Crown / regulator
- Local authority must meet support needs of child carersLocal authority
Other duties (1) — Crown / regulator
- Local authority must prepare and maintain care and support plans and support plansLocal authority
Other duties (1) — Crown / regulator
- Local authorities must coordinate care and support when a person moves areaLocal authority
- Obstruct local authority officer protecting propertyAny Person
Fine up to £2,500
21 other sections in this Part — procedural and definitional
CHARGING AND FINANCIAL ASSESSMENT
2 of 15 sections shownOther duties (1) — Crown / regulator
- Local authority must assess financial resources for care chargesLocal authority
Other duties (1) — Crown / regulator
- Local authorities must apply financial assessments when setting care chargesLocal authority
13 other sections in this Part — procedural and definitional
LOOKED AFTER AND ACCOMMODATED CHILDREN
43 of 62 sections shownOther duties (1) — Crown / regulator
- Local authorities must secure enough suitable accommodation for looked-after childrenLocal authority
Other duties (1) — Crown / regulator
- Local authorities must prepare and publish annual sufficiency plans for looked-after childrenLocal authority
Other duties (1) — Crown / regulator
- Local authority must prepare and submit draft annual sufficiency plan to Welsh MinistersLocal authority
Other duties (1) — Crown / regulator
- Local authority must submit revised annual sufficiency plan after Welsh Ministers reject itLocal authority
Other duties (1) — Crown / regulator
- Local authorities must report annually on children's accommodation sufficiencyLocal authority
Other duties (1) — Crown / regulator
- Local authorities must accommodate children without parental care or at serious riskLocal authority
Other duties (1) — Crown / regulator
- Local authority must safeguard and promote well-being of looked-after childrenLocal authority
Other duties (1) — Crown / regulator
- Local authority must provide accommodation for children in careLocal authority
Other duties (1) — Crown / regulator
- Arrange suitable accommodation and placement for looked after childrenLocal authority
Other duties (1) — Crown / regulator
- Local authority must review child's case before arranging alternative accommodationLocal authority
Other duties (1) — Crown / regulator
- Local authorities must arrange visits and support for looked-after childrenLocal authority
Other duties (1) — Crown / regulator
- Local authority must appoint independent visitor for looked after childrenLocal authority
Other duties (1) — Crown / regulator
- Local authority must appoint an independent reviewing officer for each looked-after childLocal authority
Other duties (1) — Crown / regulator
- Local authorities must contact category 6 care leavers at appropriate timesLocal authority
Other duties (1) — Crown / regulator
- Local authority must assess needs and prepare pathway plans for care leaversLocal authority
Other duties (1) — Crown / regulator
- Local authority must ask about and support post-18 living arrangementsLocal authority
Other duties (1) — Crown / regulator
- Accommodating authorities must notify responsible local authority about children placed for 3+ monthsLocal authority
- Fail to notify local authority about child in careAny Person
Fine up to £1,000 · amended 2 times (opens in a new tab)
Other duties (1) — Crown / regulator
- Local authority must provide services to promote family contact for notified childrenLocal authority
Other duties (1) — Crown / regulator
- Local authority must notify Welsh Ministers and parents when a looked-after child diesLocal authority
amended 2 times
amended 2 times
amended 2 times
- 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
SAFEGUARDING
17 of 17 sections shownOther duties (1) — Crown / regulator
- Report suspected adults at risk to the local authorityLocal authority
Other duties (1) — Crown / regulator
- Relevant partners must report suspected child at risk to local authorityLocal authority
- Provide requested safeguarding information to Safeguarding BoardAny Person
Other duties (1) — Crown / regulator
- Safeguarding Board partners must cooperate and ensure effective operationLocal authority
SOCIAL SERVICES FUNCTIONS
29 of 29 sections shownOther duties (1) — Crown / regulator
- Local authorities in Wales must appoint a director of social services and provide adequate staffLocal authority
Other duties (1) — Crown / regulator
- Local authorities must prepare and publish annual social services reportsLocal authority
amended 2 times
amended 2 times
Other duties (1) — Crown / regulator
- Welsh Ministers must promote and maintain high standards in local authority social servicesCrown / Minister / Government department
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
Other duties (1) — Crown / regulator
- Welsh Ministers must report on social services interventions and tell councils when resolvedCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Local authority must comply with Welsh Ministers' instructions during interventionLocal authority
Other duties (1) — Crown / regulator
- Welsh Ministers must lay direction and report to National AssemblyCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Local authorities must comply with written directionsLocal authority
Other duties (1) — Crown / regulator
- Local authority must give reasonable assistance to Welsh Ministers and authorised personsLocal authority
Other duties (1) — Crown / regulator
- Inspectors must follow the published code for s.161 inspectionsStatutory regulator
amended 2 times
amended 2 times
- Obstruct a care inspection or fail to comply with requirementsAny Person
Unlimited fine · amended 2 times
CO-OPERATION AND PARTNERSHIP
10 of 10 sections shownOther duties (1) — Crown / regulator
- Public bodies must comply with local authority requests for co-operation and informationLocal authority
Other duties (1) — Crown / regulator
- Public bodies must respond to local authority requests for co-operation and informationCrown / Minister / Government department
amended 3 times
COMPLAINTS, REPRESENTATIONS AND ADVOCACY SERVICES
13 of 13 sections shownOther duties (1) — Crown / regulator
- Local authorities must establish a complaints procedure for children's servicesLocal authority
Other duties (1) — Crown / regulator
- Local authorities must notify decision on section 174 representationsLocal authority
MISCELLANEOUS AND GENERAL
18 of 18 sections shown- Voluntary organisations must provide information the Welsh Ministers requireAny Person
Other duties (1) — Crown / regulator
- Local authority must temporarily meet care needs when provider failsLocal authority
- Directors, officers and partners personally liable for care offencesDirector or Officer
amended 3 times
Schedules
2 of 50 shownOther duties (1) — Crown / regulator
- Local authority must notify court of contribution agreementLocal authority
- Care providers must respond to Ombudsman's investigation report within one monthAny Person
48 other schedules
Help complying
Guvnor’s practical routes through this instrument.
Registering a regulated service in Wales
End-to-end learning path for starting a regulated care service in Wales. Covers understanding Care Inspectorate Wales (CIW) and the Regulation and Inspection …
Operating care services across UK national borders
A learning path for care service providers operating or planning to operate across more than one UK nation. Covers the separate inspectorate …
3 more guides that reference this instrument
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.