UK Act of Parliament 1968 Scotland

Social Work (Scotland) Act 1968

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
Care Inspectorate
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person1

Plus 23 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 2684 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

Administration

4 of 16 sections shown
s.001 Local authorities for the administration of the Act. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must enforce social work and children's hearings legislationLocal authority
s.003 Chief social work officer. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must appoint a chief social work officerLocal authority
s.005 Powers of Secretary of State. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must follow Secretary of State's guidance and directionsLocal authority
s.005 National Chief Social Work Adviser and National Social Work Agency Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must appoint a registered Chief Social Work Adviser and set up the National Social Work AgencyCrown / Minister / Government department
12 other sections in this Part — procedural and definitional
s.002 The social work committee . (opens in a new tab)
s.004 Provisions relating to performance of functions by local authorities. (opens in a new tab)
s.005 Local authority plans for community care services.
s.005 Complaints procedure.
s.006 Supervision of establishments providing accommodation for persons and inspection of records etc. (opens in a new tab)
s.006 Inquiries.
s.006 Local authority inquiries into matters affecting children.
s.007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (opens in a new tab)
s.008 Research. (opens in a new tab)
s.009 Training courses and grants for training in social work. (opens in a new tab)
s.010 Financial and other assistance to voluntary organisations (opens in a new tab)
s.011 Acquisition of land. (opens in a new tab)
Part 2

Promotion of Social Welfare by Local Authorities

8 of 39 sections shown
s.012 General social welfare services of local authorities. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Councils must promote social welfare and provide advice, guidance and assistanceLocal authority
s.012 Duty of local authority to assess needs. Regulated
Other duties (1) — Crown / regulator
  • Local authority must assess community care needs and decide whether to provide servicesLocal authority
s.012 Assessments under section 12A: assistance Regulated
Other duties (1) — Crown / regulator
  • Local authority must arrange assistance for community care assessmentsLocal authority
s.013 Residential accommodation with nursing. Regulated
Other duties (1) — Crown / regulator
  • Local authorities must provide or arrange residential accommodation with nursingLocal authority
s.013 Provision of care and after-care Regulated
Other duties (1) — Crown / regulator
  • Local authorities must arrange care and after-care when directedLocal authority
s.014 Home help and laundry facilities. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must provide or arrange home help and domiciliary servicesLocal authority
s.027 Supervision and care of persons put on probation or released from prisons etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must provide offender supervision and justice social work servicesLocal authority
s.027 Advice, guidance and assistance to persons arrested or on whom sentence deferred Regulated
Other duties (1) — Crown / regulator
  • Local authorities must give advice to arrested and deferred-sentence peopleLocal authority
31 other sections in this Part — procedural and definitional
s.012 Assessment of ability to provide care
s.012 Duty of local authority to provide information to carer
s.012 Direct payments in respect of community care services.
s.012 Further provisions relating to direct payments.
s.013 Power of local authorities to assist persons in need in disposal of produce of their work. (opens in a new tab)
s.013 Provision of services to incapable adults
s.015 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.016 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.016 Promotion of Social Welfare by Local Authorities
s.017 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.017 Promotion of Social Welfare by Local Authorities
s.017 Promotion of Social Welfare by Local Authorities
s.017 Promotion of Social Welfare by Local Authorities
s.017 Promotion of Social Welfare by Local Authorities
s.017 Promotion of Social Welfare by Local Authorities
s.018 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.018 Promotion of Social Welfare by Local Authorities
s.019 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.020 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.020 Promotion of Social Welfare by Local Authorities
s.021 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.022 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.023 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.024 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.025 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.025 Promotion of Social Welfare by Local Authorities
s.026 Promotion of Social Welfare by Local Authorities (opens in a new tab)
s.027 Grants in respect of community service facilities
s.027 Grants in respect of hostel accommodation for persons under supervision.
s.028 Burial or cremation of the dead. (opens in a new tab)
s.029 Power of local authority to defray certain travelling expenses. (opens in a new tab)
Part 3

Children in need of Compulsory Measures of Care

0 of 38 sections shown
38 other sections in this Part — procedural and definitional
s.030 Definition of child and parent for Part III. (opens in a new tab)
s.031 Restriction on prosecution of children for offences. (opens in a new tab)
s.032 Children in need of compulsory measures of care. (opens in a new tab)
s.033 Formation of children’s panels. (opens in a new tab)
s.034 Children’s hearings. (opens in a new tab)
s.034 Safeguarding of interests of children before children’s hearings etc.
s.035 Provisions as to time, place, privacy and notification of children’s hearings. (opens in a new tab)
s.036 The reporter and deputies. (opens in a new tab)
s.036 Power of reporters to conduct proceedings before a sheriff.
s.037 Reports of cases of children who may require compulsory measures of care and the interim detention of such children in places of safety. (opens in a new tab)
s.038 Initial investigation of cases by reporter. (opens in a new tab)
s.039 Action on initial investigation by reporter. (opens in a new tab)
s.040 Attendance of child at children’s hearing. (opens in a new tab)
s.041 Attendance of parent at children’s hearing. (opens in a new tab)
s.042 Conduct of children’s hearing and application to sheriff for findings. (opens in a new tab)
s.043 Discharge of referral and power of children’s hearing to order further investigation after consideration of the facts. (opens in a new tab)
s.044 Disposal of case by children’s hearing other than by discharge of referral. (opens in a new tab)
s.045 Rules as respects transmission of information and conveyance of children to residential establishments etc. (opens in a new tab)
s.046 Children to whom Part IV of the Mental Health (Scotland) Act 1960 may apply. (opens in a new tab)
s.047 Duration of supervision requirements and their variation. (opens in a new tab)
s.048 Review of requirement of children’s hearing. (opens in a new tab)
s.049 Appeal against decision of a children’s hearing. (opens in a new tab)
s.050 Appeal to Court of Session. (opens in a new tab)
s.051 Reconsideration by hearing after appeal, and subsequent appeal. (opens in a new tab)
s.052 Power of Secretary of State to terminate a supervision requirement. (opens in a new tab)
s.053 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (opens in a new tab)
s.054 Transfer of case to another children’s hearing. (opens in a new tab)
s.055 Presumption and determination of age. (opens in a new tab)
s.056 Reference and remit of children’s cases by courts to children’s hearings. (opens in a new tab)
s.057 Reference and remit of cases of certain young persons by courts to children’s hearings. (opens in a new tab)
s.058 Prohibition of publication of proceedings. (opens in a new tab)
s.058 Residence in secure accommodation.
s.058 Time limits on keeping without reference to children’s hearing.
s.058 Review of secure accommodation condition.
s.058 Sheriff’s power to direct condition to cease to have effect.
s.058 Warrants to detain in secure accommodation.
s.058 Procedures for placing in secure accommodation.
s.058 Transitional provisions.
Part 4

Residential and other Establishments

1 of 16 sections shown
s.059 Provision of residential and other establishments by local authorities, and maximum period for repayment of sums borrowed for such provision. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must provide or arrange residential care establishmentsLocal authority
15 other sections in this Part — procedural and definitional
s.059 Grants in respect of secure accommodation for children.
s.060 Control of residential and other establishments. (opens in a new tab)
s.061 Restriction on carrying on of establishments. (opens in a new tab)
s.061 Voluntary registration.
s.062 Registration. (opens in a new tab)
s.062 Certificate of registration as respects grant-aided or independent school.
s.063 Special provisions for registration by Secretary of State. (opens in a new tab)
s.063 Appeals against conditions imposed on registration or subsequently.
s.063 Special provisions for jointly registrable establishments.
s.064 Appeals against refusal or cancellation of registration. (opens in a new tab)
s.064 Registration fees.
s.065 Removal of persons from establishments. (opens in a new tab)
s.066 Duty to furnish particulars of establishments. (opens in a new tab)
s.067 Entry to examine state and management of establishments etc. (opens in a new tab)
s.068 Visiting of persons in establishments on behalf of local authorities. (opens in a new tab)
Part 5

3 of 9 sections shown
s.073 Supervision of children moving to Scotland. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Principal Reporter must arrange children's hearing or refer case to sheriff court when notified under s.73Crown / Minister / Government department
s.074 Parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Children's hearing must review supervision if parent moves within UKTribunal / Court
s.076 Procedure. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must ensure child transfers to England, Wales or NILocal authority
6 other sections in this Part — procedural and definitional
s.069 Abscondment from a place of safety, or from the control of a person imposed by a supervision requirement. (opens in a new tab)
s.070 Abscondment from residential establishments. (opens in a new tab)
s.071 Harbouring. (opens in a new tab)
s.072 Supervision of children moving to England or Wales or Northern Ireland. (opens in a new tab)
s.075 Parent of a child subject to an approved school order or a committal order moving to Scotland. (opens in a new tab)
s.077 Meaning of child for the purposes of this Part of this Act. (opens in a new tab)
Part 6

Contributions in respect of Children in Care etc.

0 of 8 sections shown
8 other sections in this Part — procedural and definitional
s.078 Duty to make contributions in respect of children in care etc. (opens in a new tab)
s.078 Recovery of contributions.
s.079 Recipients of contributions. (opens in a new tab)
s.080 Enforcement of duty to make contributions. (opens in a new tab)
s.081 Provisions as to decrees for aliment. (opens in a new tab)
s.082 Recovery of arrears of contributions. (opens in a new tab)
s.083 Variation of trusts. (opens in a new tab)
s.083 References in this Part of this Act to child being looked after.
Part 7

Miscellaneous and General

0 of 18 sections shown
18 other sections in this Part — procedural and definitional
s.084 Transfer of assets and liabilities. (opens in a new tab)
s.085 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (opens in a new tab)
s.086 Adjustments between authority providing accommodation etc., and authority of area of residence. (opens in a new tab)
s.086 Exclusion of powers to provide accommodation in certain cases.
s.087 Charges that may be made for services and accommodation. (opens in a new tab)
s.088 Duty of parents to notify change of address. (opens in a new tab)
s.089 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (opens in a new tab)
s.090 Orders, regulations etc. (opens in a new tab)
s.091 Expenses. (opens in a new tab)
s.092 Effect of Act on rate support grant. (opens in a new tab)
s.092 Powers of the Secretary of State to make grants.
s.093 Transitional provisions. (opens in a new tab)
s.094 Interpretation. (opens in a new tab)
s.095 Minor and consequential amendments, repeals and savings. (opens in a new tab)
s.096 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (opens in a new tab)
s.097 Extension of certain provisions of Act to England and Wales, Northern Ireland and the Channel Islands. (opens in a new tab)
s.098 Commencement. (opens in a new tab)
s.099 Short title. (opens in a new tab)
Schedules

Schedules

8 of 77 shown
s.sch003 The Secretary of State shall appoint such number of members... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must appoint children's panel members and chair/deputyCrown / Minister / Government department
s.sch003 Subject to paragraph 5B below,each local authority shall form a... Regulated
Other duties (1) — Crown / regulator
  • Local authorities must form a Children’s Panel Advisory CommitteeLocal authority
s.sch003 The chairman of the Children’s Panel Advisory Committee shall be... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must appoint chairman of Children's Panel Advisory CommitteeCrown / Minister / Government department
s.sch003 It shall be the duty of the Children’s Panel Advisory... Regulated
Other duties (1) — Crown / regulator
  • Children's Panel Advisory Committee must submit names and advise on panel suitabilityLocal authority
s.sch003 Each local authority shall make such arrangements as they consider... Regulated
Other duties (1) — Crown / regulator
  • Local authorities must arrange Children’s Panel recruitment and trainingLocal authority
s.sch007 (1) Until the expiration of a period of two years... Regulated
  • Apply to register your establishment before the transitional period endsAny Person
s.sch007 (1) The following enactments shall, notwithstanding the repeal or exclusion... Regulated
Other duties (1) — Crown / regulator
  • Local authorities must pay approved school costs at prescribed ratesLocal authority
s.sch007 (1) This paragraph applies to children who immediately before the... Regulated
Other duties (1) — Crown / regulator
  • Local authorities must arrange children’s hearings for transitional ordersLocal authority
69 other schedules
s.sch002 Any reference to a child or to a young person...
s.sch002 . . . . . . . . . ....
s.sch002 . . . . . . . . . ....
s.sch002 In section 62, for the words “an approved school” there...
s.sch002 . . . . . . . . . ....
s.sch002 Any reference to a court of summary jurisdiction or to...
s.sch002 . . . . . . . . . ....
s.sch002 In section 46(1) for the words “child or young person”,...
s.sch002 . . . . . . . . . ....
s.sch003 A member of a children’s panel shall hold office for...
s.sch003 The Secretary of State may, at the request of the...
s.sch003 The Children’s Panel Advisory Committee shall have power—
s.sch003 (1) Two or more local authorities may, for the purpose...
s.sch003 The Secretary of State may make such arrangements as he...
s.sch003 A local authority may pay– (a) to a member or...
s.sch006 Every agreement to which the transferor was a party immediately...
s.sch006 Where the functions of the transferor are transferred to more...
s.sch006 Any legal or other proceedings to which the transferor is...
s.sch006 The Secretary of State may make regulations for facilitating the...
s.sch006 In this Schedule— (a) “transferor” means a body or person...
s.sch007 After the commencement of Part II of this Act and...
s.sch007 (1) Subject to the next following sub-paragraph, on the commencement...
s.sch007 On the coming into operation of the said Part III...
s.sch007 Until such time as the Secretary of State may direct,...
s.sch007 Until such time as the Secretary of State may by...
s.sch007 In this Schedule the following expressions have the meanings assigned...
s.sch008 . . . . . . . . . ....
s.sch008 In section 110(1), in the definition of “Child”, for the...
s.sch008 (1) In section 15(1), after paragraph (f) there shall be...
s.sch008 In section 27, at the end there shall be added...
s.sch008 In section 63, after the words “foregoing section” there shall...
s.sch008 In section 32(1), at the end there shall be inserted...
s.sch008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch008 In section 65, at the end, there shall be added...
s.sch008 . . . . . . . . . ....
s.sch008 . . . . . . . . . ....
s.sch008 . . . . . . . . . ....
s.sch008 . . . . . . . . . ....
s.sch008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch008 . . . . . . . . . ....
s.sch008 . . . . . . . . . ....
s.sch008 In section 8(1), after the words “the Children Act 1948”...
s.sch008 (1) In section 9, in subsection (1), after paragraph (a)...
s.sch008 In section 16(2)(b), after sub-paragraph (v) there shall be inserted...
s.sch008 . . . . . . . . . ....
s.sch008 . . . . . . . . . ....
s.sch008 In section 4(3), paragraph (b) shall be omitted, and after...
s.sch008 In section 15(4), for the words “(which provides” there shall...
s.sch008 In section 36(2)(a), for the words “or section ninety” to...
s.sch008 In section 43(3), after the word “1948” there shall be...
s.sch008 In section 57, in the definition of “place of safety”,...
s.sch008 In section 10, for subsection (4) there shall be substituted...
s.sch008 (1) In section 11(1), for the words “for the purpose”...
s.sch008 . . . . . . . . . ....
s.sch008 . . . . . . . . . ....
s.sch008 . . . . . . . . . ....
s.sch008 . . . . . . . . . ....
s.sch008 In section 38(3), for the words “an approved school” there...
s.sch008 In section 3(5), after “1948”, insert “or under any re-enactment...
s.sch008 . . . . . . . . . ....
s.sch008 . . . . . . . . . ....
s.sch008 . . . . . . . . . ....
s.sch008 In section 55, the words from “section 88(5)” to “Scottish...
s.sch008 . . . . . . . . . ....
s.sch008 (1) In section 87(1), for the words from “to an...
s.sch008 (1) In section 15, in subsections (1) and (3), for...
s.sch008 . . . . . . . . . ....
s.sch008 After section 101(2) there shall be inserted the following subsection—...
s.sch008 (1) In section 103(1), for the words “whether charged with...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.