Social Services and Well-being (Wales) Act 2014
2014 anaw 4 · Enacted 1 May 2014 · Extends to England and Wales
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 of people; to make provision about complaints relating to social care and palliative care; and for connected purposes.
[1 May 2014]
Annotations to the whole text
Modifications
- C1
Act excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127, Sch. 1 para. 1(1) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
- C2
Act excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127, Sch. 1 para. 3(2) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
- C3
Act excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127, Sch. 1 para. 4(2)(b) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
- C4
Act modified (4.2.2019) by The Social Services and Well-being (Wales) Act 2014 (Isles of Scilly Modification) Regulations 2018 (S.I. 2018/1267), reg. 2(2)
Contents
- Part 1: INTRODUCTION
- Overview
- 1Overview of this Act
- Key terms
- 2Meaning of “well-being”
- 3Meaning of “adult”, “child”, “carer”and “disabled”
- 4Meaning of “care and support”
- Part 2: GENERAL FUNCTIONS
- Overarching duties
- 5Well-being duty
- 6Other overarching duties: general
- 7Other overarching duties: UN Principles and Convention
- Well-being outcomes
- 8Duty to issue a statement of the outcomes to be achieved
- 9Power to issue a code to help achieve the outcomes
- 10Local authorities and the code
- 11Issue, approval and revocation of the code
- 12Power to help local authorities to comply with the code's requirements
- 13Publication of information and reports
- Local arrangements
- 14Assessment of needs for care and support, support for carers and preventative services
- 14APlans following assessments of needs under section 14
- 15Preventative services
- 16Promoting social enterprises, co-operatives, user led services and the third sector
- 17Provision of information, advice and assistance
- 18Registers of sight-impaired, hearing-impaired and other disabled people
- Part 3: ASSESSING THE NEEDS OF INDIVIDUALS
- Assessing adults
- 19Duty to assess the needs of an adult for care and support
- 20Refusal of a needs assessment for an adult
- Assessing children
- 21Duty to assess the needs of a child for care and support
- 22Refusal of a needs assessment for a child aged 16 or 17
- 23Refusal of a needs assessment for a child aged under 16
- Assessing carers
- 24Duty to assess the needs of a carer for support
- 25Refusal of a needs assessment for an adult carer
- 26Refusal of a needs assessment for a carer aged 16 or 17
- 27Refusal of a needs assessment for a carer aged under 16
- Supplementary
- 28Combining needs assessments for a carer and a cared for person
- 29Combining needs assessments and other assessments
- 30Regulations about assessment
- 31Part 3: interpretation
- Part 4: MEETING NEEDS
- Deciding what to do following needs assessment
- 32Determination of eligibility and consideration of what to do to meet needs
- 33Procedure for regulations under section 32
- 34How to meet needs
- Meeting care and support needs of adults
- 35Duty to meet care and support needs of an adult
- 36Power to meet care and support needs of adult
- Meeting care and support needs of children
- 37Duty to meet care and support needs of a child
- 38Power to meet care and support needs of a child
- 39Duty to maintain family contact
- Meeting support needs of a carer
- 40Duty to meet support needs of an adult carer
- 41Duty to meet support needs of an adult carer: supplementary
- 42Duty to meet support needs of a child carer
- 43Duty to meet support needs of a child carer: supplementary
- 44Supplementary provision about the duties to meet carer's needs
- 45Power to meet support needs of a carer
- Meeting needs: exceptions and restrictions
- 46Exception for persons subject to immigration control
- 47Exception for provision of health services
- 48Exception for provision of housing etc
- 49Restrictions on provision of payments
- Direct payments
- 49ADirect payments
- 50Direct payments: conditions for payment to meet an adult’s needs
- 51Direct payments: conditions for payment to meet a child’s needs
- 52Direct payments: conditions for payment to meet a carer’s needs
- 53Direct payments: further provision
- 53ADirect payments: after-care under the Mental Health Act 1983
- Plans
- 54Care and support plans and support plans
- 55Regulations about care and support plans and support plans
- Supplementary
- 56Portability of care and support
- 57Cases where a person expresses preference for particular accommodation
- 58Protecting property of persons being cared for away from home
- Part 5: CHARGING AND FINANCIAL ASSESSMENT
- Charging for meeting needs
- 59Power to impose charges
- 60Persons upon whom charges may be imposed
- 61Regulations about the exercise of a power to impose a charge
- 62Regulations disapplying a power to impose a charge
- 63Duty to carry out a financial assessment
- 64Regulations about financial assessments
- 65Regulations disapplying the duty to carry out a financial assessment
- 66Determination as to a person's ability to pay a charge
- 67Duty to give effect of determination as to ability to pay a charge
- 68Deferred payment agreements
- Charging for preventative services and assistance
- 69Charging for preventative services and assistance
- Enforcement of debts
- 70Recovery of charges, interest etc
- 71Creation of a charge over an interest in land
- 72Transfer of assets to avoid charges
- Reviews
- 73Reviews relating to charging
- Part 6: LOOKED AFTER AND ACCOMMODATED CHILDREN
- Interpretation
- 74Child or young person looked after by a local authority
- Accommodation duties
- 75General duty of local authority to secure sufficient accommodation for looked after children
- 75ADuty to secure accommodation: preparation and publication of annual sufficiency plan
- 75BDuty to secure accommodation: procedure for approval of sufficiency plan
- 75CDuty to secure accommodation: procedure if draft plan not approved by Welsh Ministers
- 75DDuty to secure accommodation: reporting
- 76Accommodation for children without parents or who are lost or abandoned etc
- 77Accommodation for children in police protection or detention or on remand etc
- Duties of local authorities in relation to looked after children
- 78Principal duty of a local authority in relation to looked after children
- 79Provision of accommodation for children in care
- 80Maintenance of looked after children
- 81Ways in which looked after children are to be accommodated and maintained
- 82Review of child's case before making alternative arrangements for accommodation
- 83Care and support plans
- 84Regulations about care and support plans
- 85Contributions towards maintenance of looked after children
- 86... Homes provided, equipped and maintained by Welsh Ministers or Secretary of State
- Regulations about looked after children
- 87Regulations about looked after children
- 88Regulations about conditions under which a child in care is allowed to live with a parent etc
- 89Regulations about placements of a kind mentioned in section 81(6)(d)
- 90Regulations about placements out of area
- 91Regulations about the avoidance of disruption in education
- 92Regulations about the placing of children with local authority foster parents and prospective adopters
- 93Regulations providing for approval of local authority foster parents
- 94Regulations about agency arrangements
- Regulation of local authority functions relating to looked after and accommodated children
- 94ARegulation of the exercise of local authority functions relating to looked after and accommodated children
- 94BOffence of contravening regulations under section 94A
- Contact and visits
- 95Promotion and maintenance of contact between child and family
- 96Family visits to or by children: expenses
- 97Duty of local authority to ensure visits to, and contact with, looked after children and other children
- 98Independent visitors for looked after children
- Review of cases
- 99Appointment of independent reviewing officer
- 100Functions of the independent reviewing officer
- 101Referred cases
- 102Review of cases and inquiries into representations
- Leaving care, accommodation and fostering
- 103Befriending, advising and assisting looked after children
- 104Young people entitled to support under sections 105 to 115
- 105Keeping in touch
- 106Personal advisers
- 107Pathway assessments and plans: general
- 108Pathway assessments and plans: post-18 living arrangements
- 109Support for category 2 young people
- 110Support for category 3 young people
- 111Cessation of duties in relation to category 3 young people
- 112Support for category 4 young people
- 113Cessation of duties in relation to category 4 young people
- 114Support for category 5 young people and former category 5 young people
- 115Support for category 6 young people and former category 6 young people
- 116Supplementary provision about support for young persons in further or higher education
- 117Charging for provision under sections 109 to 115
- 118Information
- Secure accommodation
- 119Use of accommodation for restricting liberty
- Children accommodated in certain establishments
- 120Assessment of children accommodated by health authorities and education authorities
- 121Assessment of children accommodated in care homes or independent hospitals
- 122Visitors for children notified to a local authority ...
- 123Services for children notified to a local authority ...
- Moving looked after children to live outside the jurisdiction
- 124Arrangements to assist children to live outside England and Wales
- Death of a looked after child
- 125Death of children being looked after by local authorities
- Jurisdiction and procedure
- 125AJurisdiction of courts
- 125BRules of court
- 125CPrivacy for children involved in proceedings under this Part
- 125DSection 125D
- Part 7: SAFEGUARDING
- Adults at risk
- 126Adults at risk
- 127Adult protection and support orders
- 128Duty to report adults at risk
- 129Abolition of local authority's power to remove persons in need of care and attention
- Children at risk
- 130Duty to report children at risk
- Guidance
- 131Guidance about adults at risk and children at risk
- National Independent Safeguarding Board
- 132The National Independent Safeguarding Board
- 133Regulations about the National Board
- Safeguarding Children Boards and Safeguarding Adults Boards
- 134Safeguarding Children Boards and Safeguarding Adults Boards
- 135Functions and procedures of Safeguarding Boards
- 136Safeguarding Boards: annual plans and reports
- 137Supply of information requested by Safeguarding Boards
- 138Funding of Safeguarding Boards
- 139Safeguarding Boards: supplementary
- 140Combined Safeguarding Boards
- 141Procedure for orders under section 140
- 142Interpretation of Part 7
- Part 8: SOCIAL SERVICES FUNCTIONS
- Local authorities
- 143Social services functions of local authorities
- 144Directors of social services
- 144AAnnual reports
- 144BLocal market stability reports
- General duty of the Welsh Ministers
- 144CGeneral duty of the Welsh Ministers
- Codes
- 145Power to issue codes
- 146Issue, approval and revocation of codes
- 147Departure from requirements in codes
- 148Policy statements: requirements and ancillary powers
- 149Directions to require compliance with codes of practice
- Reviews
- 149AReviews of studies and research
- 149BReviews of local authority social services functions
- 149CFees
- 149DGeneral considerations
- Intervention by central government
- 150Grounds for intervention
- 151Warning notice
- 152Power of Welsh Ministers to intervene
- 153Power to require local authority to obtain advisory services
- 154Power to require performance of functions by other persons on behalf of authority
- 155Power to require performance of functions by Welsh Ministers or nominee
- 156Power to direct exercise of other social services functions
- 157General power to give directions and take steps
- 158Intervention: duty to report
- 159Directions
- 160Duty to co-operate
- Enforcement
- 161Powers of entry and inspection
- 161ACode of practice about inspections
- 161BPower to require information
- 161COffences
- Part 9: CO-OPERATION AND PARTNERSHIP
- Co-operation
- 162Arrangements to promote co-operation: adults with needs for care and support and carers
- 163Arrangements to promote co-operation: children
- 164Duty to co-operate and provide information in the exercise of social services functions
- 164ADuty of other persons to co-operate and provide information
- 165Promoting integration of care and support with health services etc
- Partnership arrangements
- 166Partnership arrangements
- 167Resources for partnership arrangements
- 168Partnership boards
- 169Guidance about partnership arrangements
- Adoption
- 170Adoption service: joint arrangements
- Part 10: COMPLAINTS, REPRESENTATIONS AND ADVOCACY SERVICES
- Chapter 1: COMPLAINTS AND REPRESENTATIONS ABOUT SOCIAL SERVICES
- 171Complaints about social services
- 172Complaints about social services: supplementary
- 173Assistance for complainants
- 174Representations relating to certain children etc
- 175Representations relating to certain children etc: further provision
- 176Representations relating to former looked after children etc
- 177Further consideration of representations
- 178Assistance for persons making representations
- Chapter 2: COMPLAINTS ABOUT PRIVATE SOCIAL CARE AND PALLIATIVE CARE
- 179Investigation of complaints about privately arranged or funded social care and palliative care
- 180Independent advocacy services for complaints about privately arranged or funded palliative care
- Chapter 3: ADVOCACY SERVICES
- 181Provision of advocacy services
- 182Provision of advocacy services: restrictions
- 183Publicising advocacy services in care homes Repealed
- Part 11: MISCELLANEOUS AND GENERAL
- Miscellaneous
- 184Research and provision of information
- 185Adults in prison, youth detention accommodation or bail accommodation etc
- 186Children in youth detention accommodation, prison or bail accommodation etc
- 187Persons in prison, youth detention accommodation or bail accommodation etc
- 188Interpretation of sections 185 to 187
- 189Provider failure: temporary duty on local authority
- 190Provider failure: exception to temporary duty
- 191Provider failure: supplementary
- 192Amendment of the National Assistance Act 1948
- Supplementary
- 193Recovery of costs between local authorities
- 194Ordinary residence
- 195Disputes about ordinary residence and portability of care and support
- 195AOffences committed by bodies or partnerships
- General
- 196Orders and regulations
- 197General interpretation and index of defined expressions
- 198Power to make consequential and transitional provision etc
- 199Commencement
- 200Short title
- Schedule A1: DIRECT PAYMENTS: AFTER-CARE UNDER THE MENTAL HEALTH ACT 1983
- 1General
- 2Paragraph 2
- 3Paragraph 3
- 4Direct payments: after-care services for an adult
- 5Direct payments: after-care services for a child
- 6Further provision for direct payments: after-care
- 7Paragraph 7
- 8Paragraph 8
- Schedule 1: CONTRIBUTIONS TOWARDS MAINTENANCE OF LOOKED AFTER CHILDREN
- Liability to contribute
- 1Paragraph 1
- Agreed contributions
- 2Paragraph 2
- Contribution orders
- 3Paragraph 3
- Enforcement of contribution orders etc
- 4Paragraph 4
- Regulations
- 5Paragraph 5
- Service of contribution notice
- 6Paragraph 6
- Schedule 2SOCIAL SERVICES FUNCTIONS
- Schedule 3: INVESTIGATION OF COMPLAINTS ABOUT PRIVATELY ARRANGED OR FUNDED SOCIAL CARE AND PALLIATIVE CARE
- Part 1: NEW PARTS 2A AND 2B FOR THE PUBLIC SERVICES OMBUDSMAN (WALES) ACT 2005
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part 2: MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO THE OMBUDSMAN
- Local Government Act 1974
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Local Government Act 2000
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12 Repealed
- Public Services Ombudsman (Wales) Act 2005
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Commissioner for Older People (Wales) Act 2006
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- Government of Wales Act 2006
- 35Paragraph 35
- Welsh Language (Wales) Measure 2011
- 36Paragraph 36