OpenLegislation

The Local Authorities (Annual Sufficiency Plans) (Wales) Regulations 2026

W.S.I. 2026/116 · Made 14 September 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL CARE, WALES

CHILDREN AND YOUNG PERSONS, WALES

Made 14 September 2026

Coming into force 26 October 2026

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 75A(2)(a) and (3)(f), and 196(2) of the Social Services and Well-being (Wales) Act 2014f1.

Annotations to the whole text

Footnotes

f1

2014 anaw 4. Section 75A was inserted by section 11 of the Health and Social Care (Wales) Act 2025 (asc 1).

Contents

  1. 1Title and coming into force
  2. 2Interpretation
  3. 3Form of annual sufficiency plan
  4. 4Information to be included in annual sufficiency plans
  5. 5Use of information in criminal proceedings
  6. Signature
  7. Schedule: Additional information to be included in an annual sufficiency plan
  8. Part 1: Information relating to the period before the plan year
  9. 1Needs profile
  10. 2Children looked after: second preceding year
  11. 3Children placed out of county: second preceding year
  12. 4Children placed out of country: second preceding year
  13. 5Children placed in services operating without registration: second preceding year
  14. 6Children subject to deprivation of liberty orders: second preceding year
  15. 7Children looked after: 30 September in relevant preceding year
  16. 8Children placed out of county: relevant preceding year up to 30 September
  17. 9Children placed out of country: relevant preceding year up to 30 September
  18. 10Children placed in services operating without registration: relevant preceding year up to 30 September
  19. 11Children subject to deprivation of liberty orders: relevant preceding year up to 30 September
  20. 12National, regional and local provision: as at 30 September in relevant preceding year
  21. 13Children looked after: 31 March of relevant preceding year
  22. 14Children placed out of county: full relevant preceding year forecast
  23. 15Children placed out of country: full relevant preceding year forecast
  24. 16Children placed in services operating without registration: full relevant preceding year forecast
  25. 17Children subject to deprivation of liberty orders: full relevant preceding year forecast
  26. 18Current risks to sufficiency
  27. 19Current data limitations
  28. 20Current workforce strategies and plans
  29. Part 2: Information relating to the plan year
  30. 21Children looked after: plan year forecast
  31. 22Children placed out of county: plan year forecast
  32. 23Children placed out of country: plan year forecast
  33. 24Children placed in services operating without registration: plan year forecast
  34. 25Children subject to deprivation of liberty orders: plan year forecast
  35. 26Projected data limitations and steps to improve data quality
  36. 27Workforce position regarding capacity, capability, recruitment and retention
  37. 28Risks and mitigation: plan year forecast
  38. Part 3: General information
  39. 29Alignment with other strategies and plans
  40. 30Alignment with other strategies and plans
  41. Explanatory note

1Title and coming into force

(1)

The title of these Regulations is the Local Authorities (Annual Sufficiency Plans) (Wales) Regulations 2026.

(2)

These Regulations come into force on 26 October 2026.

2Interpretation

(1)

In these Regulations—

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

  • “the 2016 Act” (“Deddf 2016”) means the Regulation and Inspection of Social Care (Wales) Act 2016f1;

  • “annual sufficiency plan” (“cynllun digonolrwydd blynyddol”) means a plan that a local authority is required by section 75A (1) of the 2014 Act to prepare and publish before the beginning of each financial year setting out the steps it will take in that year in pursuance of its duty under section 75(1) of the 2014 Act;

  • “children’s home service” (“gwasanaeth cartref plant”) has the meaning given in section 2A(2) of the 2016 Actf2;

  • “deprivation of liberty order” (“gorchymyn amddifadu o ryddid”) means an order of a court, including an interim order, authorising the deprivation of liberty of a looked after child in connection with arrangements made for the child’s care, protection or welfare;

  • “fostering service” (“gwasanaeth maethu”) has the meaning given in paragraph 5 of Schedule 1 to the 2016 Act;

  • “local authority” (“awdurdod lleol”) means the council of a county or county borough in Wales;

  • “local authority foster parent” (“rhiant maeth awdurdod lleol”) has the meaning given in section 197(1) of the 2014 Actf3;

  • “looked after child” (“plentyn sy’n derbyn gofal”) means a child who is looked after by a local authority within the meaning of section 74 of the 2014 Act, and a reference in these Regulations to a child being looked after by a local authority is a reference to a looked after child who is being looked after by that authority;

  • “the plan year” (“blwyddyn y cynllun”), in relation to the annual sufficiency plan, means the financial year to which the annual sufficiency plan relates;

  • “provider type” (“math o ddarparwr”) means whether the provider of accommodation is—

    1. (a)

      a local authority;

    2. (b)

      a person who is a not-for-profit entity within the meaning of section 6A(2) of the 2016 Actf4;

    3. (c)

      a person who is neither a local authority nor a not-for-profit entity within the meaning of section 6A(2) of the 2016 Act;

  • “relevant preceding year” (“blwyddyn flaenorol berthnasol”), in relation to an annual sufficiency plan, means the financial year immediately preceding the plan year;

  • “second preceding year”(“ail flwyddyn flaenorol”). in relation to an annual sufficiency plan, means the financial year immediately preceding the relevant preceding year;

  • “secure accommodation service” (“gwasanaeth llety diogel”) means a secure accommodation service within the meaning of paragraph 2 of Schedule 1 to the 2016 Act;

  • “service operating without registration” (“gwasanaeth sy’n gweithredu heb gofrestru”) means a place at which a children’s home service or secure accommodation service is being provided, and where the service provider is not registered to provide a children’s home service or secure accommodation service at that place.

(2)

In these Regulations, references to a child being placed out of county are references to a child being placed outside the area of the local authority that looks after the child.

(3)

In these Regulations, references to a child being placed out of country are references to a child being placed outside of Wales.

3Form of annual sufficiency plan

(1)

For the purposes of section 75A (2) (a) of the 2014 Act, an annual sufficiency plan must be prepared using the template published by the Welsh Ministers for the purpose of presenting the information required by these Regulations.

(2)

The Welsh Ministers must publish the template on the Welsh Government website.

4Information to be included in annual sufficiency plans

In addition to the information required by section 75A (3) of the 2014 Act, for the purposes of section 75A (3) (f)f1 of the 2014 Act, an annual sufficiency plan must include the information specified in the Schedule.

5Use of information in criminal proceedings

Information provided by a local authority in compliance with these Regulations may not be used in evidence against an individual in criminal proceedings.

Signature

Delyth Jewell

Deputy Minister for Social Care, Mental Health and Women’s Health, under the authority of the Cabinet Minister for Health and Care, one of the Welsh Ministers

14 September 2026

1Needs profile

(1)

A written summary of the needs profile of looked after children in the local authority area as at 30 September in the relevant preceding year.

(2)

In this paragraph, “needs profile”, in relation to looked after children in a local authority area, means an evidence-based summary of the characteristics, circumstances and support requirements of children and young people in that area who need care and support.

(3)

The written summary required by sub-paragraph (1) must include an assessment of—

(a)

the demographic and population characteristics of those children, including age, language and protected characteristics;

(b)

the circumstances and factors associated with those children’s vulnerability or why they entered into care;

(c)

the placement and care needs of those children;

(d)

the social, cultural and relational needs of those children;

(e)

the needs of older children and young people approaching adulthood;

(f)

the needs of those children who require integrated care packages with education and health components or other complex care package solutions;

(g)

local factors influencing the presentation of needs and trends in those needs.

(4)

In addition to the written summary required by sub-paragraph (1), an assessment of the engagement that the local authority has undertaken with children and young people to ascertain their wishes and feelings for the purposes of determining their needs.

(5)

In this paragraph, “protected characteristics” has the meaning given in section 4 of the Equality Act 2010f1.

2Children looked after: second preceding year

(1)

The number of children that the local authority looked after as at 31 March of the second preceding year.

(2)

Of the number of children referred to in sub-paragraph (1), the number of children in respect of whom the local authority had been unable to make arrangements under section 81 (2) of the 2014 Act.

(3)

Of the number of children referred to in sub-paragraph (2), the number of children placed—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(4)

The information provided under sub-paragraph (3) must also be categorised by provider type.

3Children placed out of county: second preceding year

(1)

The number of children placed out of county during the second preceding year.

(2)

Of the number of children referred to in sub-paragraph (1), the number of children placed—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(3)

The information provided under sub-paragraph (2) must also be categorised by provider type.

4Children placed out of country: second preceding year

(1)

The number of children placed out of country during the second preceding year.

(2)

Of the number of children referred to in sub-paragraph (1), the number of children placed—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(3)

The information provided under sub-paragraph (2) must also be categorised by provider type.

5Children placed in services operating without registration: second preceding year

The number of children placed in services operating without registration during the second preceding year.

6Children subject to deprivation of liberty orders: second preceding year

The number of children looked after by the local authority who were subject to deprivation of liberty orders during the second preceding year.

7Children looked after: 30 September in relevant preceding year

(1)

The number of children that the local authority looked after as at 30 September of the relevant preceding year.

(2)

Of the number of children referred to in sub-paragraph (1), the number of children in respect of whom the local authority has been unable to make arrangements under section 81 (2) of the 2014 Act.

(3)

Of the number of children referred to in sub-paragraph (2), the number of children placed—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(4)

The information provided under sub-paragraph (3) must also be categorised by provider type.

8Children placed out of county: relevant preceding year up to 30 September

(1)

The number of children placed out of county during the relevant preceding year up to and including 30 September.

(2)

Of the number of children referred to in sub-paragraph (1), the number of children placed—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(3)

The information provided under sub-paragraph (2) must also be categorised by provider type.

9Children placed out of country: relevant preceding year up to 30 September

(1)

The number of children placed out of country during the relevant preceding year up to and including 30 September.

(2)

Of the number of children referred to in sub-paragraph (1) the number of children placed—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(3)

The information provided under sub-paragraph (2) must also be categorised by provider type.

10Children placed in services operating without registration: relevant preceding year up to 30 September

The number of children placed in services operating without registration during the relevant preceding year up to and including 30 September.

11Children subject to deprivation of liberty orders: relevant preceding year up to 30 September

The number of children looked after by the local authority who were subject to deprivation of liberty orders during the relevant preceding year up to and including 30 September.

12National, regional and local provision: as at 30 September in relevant preceding year

(1)

A summary of the national, regional and local provision provided to, or available to, the local authority for looked after children as at 30 September in the relevant preceding year.

(2)

The summary provided under sub-paragraph (1) must include placement types, namely—

(a)

children’s home services;

(b)

local authority foster parents;

(c)

secure accommodation services.

(3)

The information provided under sub-paragraph (2) must be categorised by provider type.

13Children looked after: 31 March of relevant preceding year

(1)

The number of children that the local authority forecasts it will be looking after as at 31 March of the relevant preceding year.

(2)

Of the number of children referred to in sub-paragraph (1), the number of children in respect of whom the local authority forecasts it will have been unable to make arrangements under section 81 (2) of the 2014 Act.

(3)

Of the number of children referred to in sub-paragraph (2), the number of children placed—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(4)

The information provided under sub-paragraph (3) must also be categorised by provider type.

14Children placed out of county: full relevant preceding year forecast

(1)

The number of children that the local authority forecasts it will have placed out of county during the full relevant preceding year.

(2)

Of the number of children referred to in sub-paragraph (1), the number of children the local authority forecasts will have been placed—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(3)

The information provided under sub-paragraph (2) must also be categorised by provider type.

15Children placed out of country: full relevant preceding year forecast

(1)

The number of children that the local authority forecasts it will have placed out of country during the full relevant preceding year.

(2)

Of the number of children referred to in sub-paragraph (1), the number of children the local authority forecasts will have been placed—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(3)

The information provided under sub-paragraph (2) must also be categorised by provider type.

16Children placed in services operating without registration: full relevant preceding year forecast

The number of children that the local authority forecasts will have been placed in services operating without registration during the full relevant preceding year.

17Children subject to deprivation of liberty orders: full relevant preceding year forecast

The number of children looked after by the local authority that the local authority forecasts will be subject to deprivation of liberty orders during the full relevant preceding year.

18Current risks to sufficiency

(1)

A written summary of the most significant current risks to the local authority being able to meet the accommodation needs of looked after children during the relevant preceding year.

(2)

A written summary of—

(a)

the steps being taken by the local authority to mitigate the risks referred to in sub-paragraph (1), and

(b)

any factors, circumstances or actions of other persons that may affect the success of those mitigation measures, including those relating to the provider market, regional collaboration or funding.

19Current data limitations

A written summary of any limitations in the data relating to the annual sufficiency plan held by the local authority as at 30 September in the relevant preceding year.

20Current workforce strategies and plans

A written summary of the local authority’s current workforce strategies and plans relating to looked after children as at 30 September in the relevant preceding year.

21Children looked after: plan year forecast

(1)

The number of looked after children that the local authority forecasts it will be looking after as at 31 March in the plan year.

(2)

Of the number of children referred to in sub-paragraph (1), the number of children in respect of whom the local authority forecasts it will be unable to make arrangements under section 81 (2) of the 2014 Act.

(3)

Of the number of children referred to in sub-paragraph (2), the number of children the local authority forecasts will be placed—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(4)

The information provided under sub-paragraph (3) must be also be categorised by provider type.

22Children placed out of county: plan year forecast

(1)

The number of children that the local authority forecasts it will place out of county during the plan year.

(2)

Of the number of children referred to in sub-paragraph (1), the number of children the local authority forecasts it will place—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(3)

The information provided under sub-paragraph (2) must also be categorised by provider type.

23Children placed out of country: plan year forecast

(1)

The number of children that the local authority forecasts it will place out of country during the plan year.

(2)

Of the number of children referred to in sub-paragraph (1), the number of children the local authority forecasts it will place—

(a)

in children’s home services;

(b)

with local authority foster parents;

(c)

in secure accommodation services.

(3)

The information provided under sub-paragraph (2) must also be categorised by provider type.

24Children placed in services operating without registration: plan year forecast

The number of children that the local authority forecasts will be placed in services operating without registration during the plan year.

25Children subject to deprivation of liberty orders: plan year forecast

The number of children looked after by the local authority that the local authority forecasts will be subject to deprivation of liberty orders during the plan year.

26Projected data limitations and steps to improve data quality

Written summaries of—

(a)

projected data limitations relating to the plan year, and

(b)

the steps the local authority will take to improve data quality during the plan year.

27Workforce position regarding capacity, capability, recruitment and retention

(1)

A written summary of the local authority’s workforce position regarding capacity, capability, recruitment and retention in services for looked after children.

(2)

The written summary required by sub-paragraph (1) must include—

(a)

the areas in which the local authority is at greatest risk, during the plan year, of not having a workforce that is sufficient to meet demand in relation to looked after children, having regard to—

(i)

the number of staff available,

(ii)

the skills and capabilities of those staff, including the availability of staff for Welsh-speaking roles and specialist roles, and

(iii)

the local authority’s ability to recruit and retain staff;

(b)

the causes of the risks referred to in paragraph (a);

(c)

the local authority’s plans for addressing those risks and their causes;

(d)

the steps that the local authority will take to support the development and retention of a sustainable workforce, including through training, professional development, career progression arrangements and partnerships with education or training providers;

(e)

the level of reliance the local authority estimates it will have on agency staff in the planning and delivery of social care for looked after children during the plan year;

(f)

the reasons for any level of reliance referred to in paragraph (e).

28Risks and mitigation: plan year forecast

(1)

A written summary of the most significant forecast risks to sufficiency in meeting the accommodation needs of looked after children during the plan year.

(2)

A written summary of—

(a)

the steps being taken by the local authority to mitigate the risks referred to in sub-paragraph (1), and

(b)

any factors, circumstances or actions of other persons that may affect the success of those mitigation measures, including those relating to the provider market, regional collaboration or funding.

29Alignment with other strategies and plans

A written summary of how the annual sufficiency plan aligns with other relevant strategies and plans.

30Alignment with other strategies and plans

An explanation of how the local authority intends to meet its duty under section 75 (1) of the 2014 Act.

Explanatory note

(This note is not part of the Regulations)

These Regulations are made under sections 75A(2)(a) and (3)(f), and 196(2) of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”). They prescribe the form of, and information to be included in, annual sufficiency plans that local authorities in Wales are required to prepare and publish under section 75A of the 2014 Act.

The purpose of annual sufficiency plans is to strengthen strategic planning and transparency in relation to local authorities’ duties under section 75(1) of the 2014 Act. Those duties require local authorities to secure, so far as reasonably practicable, sufficient accommodation provided by local authorities or registered providers that meet the requirements of section 6A(1) of the Regulation and Inspection of Social Care (Wales) Act 2016, within or near to their areas, to meet the needs of looked after children.

Regulation 3 provides that annual sufficiency plans must be prepared using a template specified and published by the Welsh Ministers.

Regulation 4 and the Schedule prescribe the information that must be included in an annual sufficiency plan in addition to the information required by section 75A(3) of the 2014 Act. The Schedule requires local authorities to provide information relating to—

  • the profile and assessed needs of looked after children requiring care and support within the local authority area,

  • number of looked after children,

  • placement patterns, including placements outside the local authority area and outside Wales,

  • use of children’s home services, fostering services and secure accommodation services,

  • placement of children in places in respect of which the provider is not registered to provide a regulated service,

  • number of children subject to deprivation of liberty orders,

  • current and forecast sufficiency challenges and risks,

  • the availability of accommodation and placement provision at local, regional and national levels,

  • workforce position regarding capacity, capability, recruitment, retention and planning,

  • data quality and data limitations, and

  • alignment of annual sufficiency plans with other relevant strategies and plans.

The Schedule requires local authorities to provide information about the needs of children and young people, recent and projected demand for accommodation for looked after children, placement patterns and provision available to meet those needs. The information required covers the second preceding year, the relevant preceding year and future forecasting. The relevant preceding year is the financial year before the plan year, and the second preceding year is the financial year immediately before the relevant preceding year. The Schedule also requires forecasts for the remainder of the relevant preceding year and for the plan year itself, together with narrative assessments of risks to sufficiency, planned mitigation measures, workforce arrangements, data quality and future demand.

Regulation 5 provides that information supplied by a local authority in compliance with these Regulations may not be used in evidence against an individual in criminal proceedings. Local authorities are required to provide information under these Regulations and, in doing so, individuals may be involved in gathering, collating, verifying or supplying information that relates to matters capable of giving rise to criminal liability. The provision is intended to protect those individuals from self-incrimination.

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 Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the website at www.gov.wales.