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