Explanatory note

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.