Legalize / United Kingdom / Wales / Act of Senedd Cymru

Social Services and Well-being (Wales) Act 2014

Type Act of Senedd Cymru

Publication 2014-05-01

Last updated 2026-09-01

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

PART 1 — INTRODUCTION

Overview

Overview of this Act

1

(1) This Act has 11 Parts.

(2) This Part provides an overview of the whole Act and defines some key terms.

(3) Part 2 (general duties)—

(a) requires persons exercising functions under this Act to seek to promote the well-being of people who need care and support and carers who need support (section 5);

(b) imposes overarching duties on persons exercising functions under this Act in relation to persons who need or may need care and support, carers who need or may need support, or persons in respect of whom functions are exercisable under Part 6, so as to give effect to certain key principles (section 6);

(c) requires the Welsh Ministers to issue a statement specifying the well-being outcomes that are to be achieved for people who need care and support and carers who need support and to issue a code to help achieve those outcomes (sections 8 to 13);

(d) requires local authorities to assess the needs in their areas for care and support, support for carers and preventative services (section 14);

(e) requires local authorities to provide or arrange for the provision of preventative services (section 15);

(f) requires the promotion by local authorities of social enterprises, co-operatives, user led services and the third sector in the provision in their areas of care and support and support for carers (section 16);

(g) requires the provision by local authorities of a service providing information and advice relating to care and support and support for carers and assistance in accessing it (section 17);

(h) requires local authorities to establish and maintain registers of sight-impaired, hearing-impaired and other disabled people (section 18).

(4) Part 3 (assessing the needs of individuals) provides for—

(a) the circumstances in which a local authority must assess a person's needs for care and support or a carer's needs for support;

(b) how assessments are to be carried out.

(5) Part 4 (meeting needs) provides for—

(a) the circumstances in which needs for care and support or support for carers may or must be met by local authorities;

(b) how needs are to be met.

(6) Part 5 (charging and financial assessment) provides for—

(a) the circumstances in which local authorities may charge for providing or arranging care and support or support for carers;

(b) the circumstances in which local authorities may charge for preventative services and the provision of assistance;

(7) Part 6 (looked after and accommodated children)—

(a) provides for the interpretation of references to a child or young person looked after by a local authority (section 74);

(b) requires local authorities—

(i) to secure sufficient accommodation in their areas for the children they look after (section 75), and

(ii) to accommodate children without parents or who are lost or abandoned or are under police protection, detention or on remand (sections 76 and 77);

(c) provides for the functions of local authorities in relation to the children they look after (sections 75 to 103, 124 and 125);

(d) provides for the circumstances in which local authorities may or must provide support for young people—

(i) leaving, or who have left, local authority care;

(ii) formerly accommodated in certain establishments;

(iii) formerly fostered;

(iv) with respect to whom special guardianship orders are or were in force;

(sections 104 to 118);

(e) provides for limits on the use of secure accommodation for children looked after by local authorities or local authorities in England or children of a description specified in regulations (section 119);

(f) requires the assessment by local authorities of children who are accommodated by health authorities or education authorities or in care homes or independent hospitals and the provision of visits and services to those children (sections 120 to 123);

(g) introduces Schedule 1 which makes provision about contributions towards the maintenance of children looked after by local authorities.

(8) Part 7 (safeguarding)—

(a) requires local authorities to investigate where they suspect that an adult with care and support needs is at risk of abuse or neglect (section 126);

(b) provides for adult protection and support orders to authorise entry to premises (if necessary by force) for the purpose of enabling an authorised officer of a local authority to assess whether an adult is at risk of abuse or neglect and, if so, what to do about it (section 127);

(c) requires local authorities and their relevant partners to report to the appropriate authority where they suspect that people may be at risk of abuse or neglect (sections 128 and 130);

(d) disapplies section 47 of the National Assistance Act 1948 (which enables local authorities to apply for a court order to remove people in need of care and attention from their homes to hospitals or other places) (section 129);

(e) establishes a National Independent Safeguarding Board to provide support and advice in order to ensure the effectiveness of Safeguarding Boards (sections 132 and 133);

(f) provides for Safeguarding Boards for adults and children and for the combination of such boards (sections 134 to 141).

(9) Part 8 (social services functions)—

(a) introduces Schedule 2, which specifies the social services functions of local authorities (section 143);

(b) requires the appointment of directors of social services by local authorities and makes related provision (section 144);

(ba) requires local authorities to produce—

(i) annual reports about the exercise of social services functions, and

(ii) reports about the stability of local markets for providing care and support,

(sections 144A and 144B);

(c) provides for codes about the exercise of social services functions to be made by the Welsh Ministers (sections 145 to 149);

(ca) provides powers for the Welsh Ministers to conduct reviews relating to the exercise of social services functions of local authorities (sections 149A and 149B);

(d) provides for intervention by the Welsh Ministers in the exercise of social services functions where a local authority is failing to exercise them properly (sections 150 to 160);

(da) allows for the inspection of premises in connection with reviews of local authority social services functions conducted by the Welsh Ministers or the exercise of the Welsh Ministers' powers of intervention in relation to those functions, and for the Welsh Ministers to request information in connection with such reviews and makes related provision (sections 161 to 161C).

(10) Part 9 (co-operation and partnership)—

(a) requires local authorities to make arrangements to promote co-operation with their relevant partners and others in relation to adults with needs for care and support, carers and children (sections 162 and 163);

(b) imposes a duty on the relevant partners to co-operate with, and provide information to, the local authorities for the purpose of their social services functions (section 164);

(d) provides for partnership arrangements between local authorities and Local Health Boards for the discharge of their functions (sections 166 to 169);

(e) empowers the Welsh Ministers to direct local authorities to enter into joint arrangements for the provision of an adoption service (section 170).

(11) Part 10 (complaints, representations and advocacy services) has three chapters.

(12) Chapter 1 provides for complaints and representations about social services provided or arranged by local authorities.

(13) Chapter 2 provides for complaints to the Public Services Ombudsman for Wales about private social care and palliative care.

(14) Chapter 3 provides for advocacy services to be made available to people with needs for care and support for purposes relating to their care and support.

(15) Part 11 (miscellaneous and general)—

(a) empowers the Welsh Ministers, local authorities and Local Health Boards to conduct research, and empowers the Welsh Ministers to require information, about matters connected with functions under the Act and other related matters (section 184);

(b) makes provision about how this Act applies to persons in prison, youth detention accommodation or bail accommodation etc (sections 185 to 188);

(c) makes provision about the steps to be taken by a local authority where a service provider (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016) becomes unable to meet needs in the authority's area because of business failure (sections 189 to 191);

(d) disapplies section 49 of the National Assistance Act 1948 (which allows a local authority to meet expenses incurred by any of its officers appointed by the Court of Protection as a deputy) (section 192);

(e) makes provision for the recovery of costs between local authorities in certain circumstances (section 193);

(f) provides for the resolution of questions about the ordinary residence of a person for the purposes of this Act (section 194);

(g) contains the definitions that apply for the purposes of this Act generally and an index of defined expressions (section 197);

(h) contains other provisions which apply generally for the purposes of this Act.

(16) There are also provisions about social services in the Acts and Measures listed in Schedule 2.

Key terms

Meaning of “well-being”

2

(1) This section applies for the purpose of this Act.

(2) “Well-being”, in relation to a person, means well-being in relation to any of the following—

(a) physical and mental health and emotional well-being;

(b) protection from abuse and neglect;

(d) domestic, family and personal relationships;

(e) contribution made to society;

(f) securing rights and entitlements;

(g) social and economic well-being;

(h) suitability of living accommodation.

(3) In relation to a child, “well-being” also includes—

(a) physical, intellectual, emotional, social and behavioural development;

(b) “welfare” as that word is interpreted for the purposes of the Children Act 1989.

(4) In relation to an adult, “well-being” also includes—

(a) control over day to day life;

(b) participation in work.

Meaning of “adult”, “child”, “carer”and “disabled”

3

(1) This section applies for the purposes of this Act.

(2) “Adult” means a person who is aged 18 or over.

(3) “Child” (except in section 83(2C)) means a person who is aged under 18.

(4) “Carer” means a person who provides or intends to provide care for an adult or disabled child; but see subsections (7) and (8) and section 187(1).

(5) A person is “disabled” if the person has a disability for the purposes of the Equality Act 2010, subject to provision made under subsection (6).

(6) Regulations may provide that a person falling within a specified category is or is not to be treated as disabled for the purposes of this Act.

(7) A person is not a carer for the purposes of this Act if the person provides or intends to provide care—

(a) under or by virtue of a contract, or

(b) as voluntary work.

(8) But a local authority may treat a person as a carer for the purposes of any of its functions under this Act if the authority considers that the relationship between the person providing or intending to provide care and the person for whom that care is, or is to be, provided is such that it would be appropriate for the former to be treated as a carer for the purposes of that function or those functions.

Meaning of “care and support”

4

Any reference to care and support in this Act is to be construed as a reference to—

(a) care;

(b) support;

PART 2 — GENERAL FUNCTIONS

Overarching duties

Well-being duty

5

A person exercising functions under this Act must seek to promote the well-being of—

(a) people who need care and support, and

(b) carers who need support.

Other overarching duties: general

6

(1) A person exercising functions under this Act in relation to—

(a) an individual who has, or may have, needs for care and support,

(b) a carer who has, or may have, needs for support, or

must comply with the duties in subsection (2).

(2) The person must—

(a) in so far as is reasonably practicable, ascertain and have regard to the individual's views, wishes and feelings,

(b) have regard to the importance of promoting and respecting the dignity of the individual,

(d) have regard to the importance of providing appropriate support to enable the individual to participate in decisions that affect him or her to the extent that is appropriate in the circumstances, particularly where the individual's ability to communicate is limited for any reason.

(3) A person exercising functions under this Act in relation to an adult falling within subsection (1)(a), (b) or (c) must, in addition, have regard to—

(a) the importance of beginning with the presumption that the adult is best placed to judge the adult's well-being, and

(b) the importance of promoting the adult's independence where possible.

(4) A person exercising functions under this Act in relation to a child falling within subsection (1)(a), (b) or (c), in addition—

(a) must have regard to the importance of promoting the upbringing of the child by the child's family, in so far as doing so is consistent with promoting the well-being of the child, and

(b) where the child is under the age of 16, must ascertain and have regard to the views, wishes and feelings of the persons with parental responsibility for the child, in so far as doing so is—

(i) consistent with promoting the well-being of the child, and

(ii) reasonably practicable.

Other overarching duties: UN Principles and Convention

7

(1) A person exercising functions under this Act in relation to an adult falling within section 6(1)(a) or (b) must have due regard to the United Nations Principles for Older Persons adopted by the General Assembly of the United Nations on 16 December 1991.

(2) A person exercising functions under this Act in relation to a child falling within section 6(1)(a), (b) or (c) must have due regard to Part 1 of the United Nations Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 (“the Convention”).

(3) For the purposes of subsection (2), Part 1 of the Convention is to be treated as having effect—

(a) as set out for the time being in Part 1 of the Schedule to the Rights of Children and Young Persons (Wales) Measure 2011, but

(b) subject to any declaration or reservation as set out for the time being in Part 3 of that Schedule.

(4) Subsection (2) does not apply to the Welsh Ministers (see, instead, the Rights of Children and Young Persons (Wales) Measure 2011).

Well-being outcomes

Duty to issue a statement of the outcomes to be achieved

8

(1) The Welsh Ministers must issue a statement relating to the well-being of—

(a) people in Wales who need care and support, and

(b) carers in Wales who need support.

(2) The statement must be issued within 3 years beginning with the date on which this Act receives Royal Assent.

(3) The statement must specify the outcomes that are to be achieved, in terms of the well-being of the people mentioned in subsection (1), by means of—

(a) care and support (or, in the case of carers, support) provided by local authorities under this Act, and

(b) care and support (or, in the case of carers, support) provided by others which is of a kind that could be provided by local authorities under this Act.

(4) The statement must also specify measures by reference to which the achievement of those outcomes is to be assessed.

(5) The statement may specify different outcomes or measures for different categories of people who need care and support (or, in the case of carers, support).

(6) The Welsh Ministers must keep the statement under review and may revise the statement whenever they consider it appropriate to do so.

(7) Before issuing or revising the statement, the Welsh Ministers must consult such persons as they think fit.

(8) The Welsh Ministers must, on issuing or revising the statement—

(a) lay a copy of the statement before the National Assembly for Wales, and

(b) publish the statement on their website.

Power to issue a code to help achieve the outcomes

9

(1) The Welsh Ministers must issue, and from time to time revise, a code to help achieve the outcomes specified in the statement under section 8.

(2) The code may—

(a) give guidance to any person providing care and support (or, in the case of carers, support) of the kind described in section 8(3), and

(b) impose requirements on local authorities in relation to provision of that kind.

(3) The following are examples of the matters which may be set out in the code—

(a) standards (“quality standards”) to be achieved in the provision of care and support (or, in the case of carers, support);

(b) measures (“performance measures”) by reference to which performance in achieving those quality standards can be assessed;

(d) steps to be taken in relation to those standards, measures and targets.

(4) The code may specify—

(a) different quality standards for—

(i) different categories of care and support (or, in the case of carers, support);

(ii) different categories of people who need care and support (or, in the case of carers, support);

(b) different performance measures or performance targets for—

(i) different categories of care and support (or, in the case of carers, support);

(ii) different categories of persons who provide care and support (or, in the case of carers, support);

(5) The Welsh Ministers must—

(a) publish on their website the code which is for the time being in force, and

(b) make available to the public (whether on their website or otherwise) codes which are no longer in force.

Local authorities and the code

10

(1) In exercising its functions under this Act, a local authority must—

(a) act in accordance with any relevant requirements imposed upon it by a code issued under section 9, and

(b) have regard to any relevant guidance contained in that code.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue, approval and revocation of the code

11

(1) Before issuing or revising a code under section 9, the Welsh Ministers must consult such persons as they think fit on a draft of the code (or revised code).

(2) If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales.

(3) If, before the end of the 40 day period, the National Assembly for Wales resolves not to approve the draft, the Welsh Ministers must not issue the code (or revised code) in the form of that draft.

(4) If no such resolution is made before the end of that period—

(a) the Welsh Ministers must issue the code (or revised code) in the form of the draft, and

(b) the code (or revised code) comes into force on the date appointed by order of the Welsh Ministers.

(5) The 40 day period—

(a) begins on the day on which the draft is laid before the National Assembly for Wales, and

(b) does not include any time during which the National Assembly for Wales is dissolved or is in recess for more than four days.

(6) Subsection (3) does not prevent a new draft of a code (or revised code) from being laid before the National Assembly for Wales.

(7) The Welsh Ministers may revoke a code (or revised code) issued under this section in a further code or by direction.

(8) A direction under subsection (7) must be laid before the National Assembly for Wales.

Power to help local authorities to comply with the code’s requirements

12

(1) The Welsh Ministers may do anything which they consider is likely to help a local authority to comply with requirements imposed by a code under section 9.

(2) The power under subsection (1) includes power—

(a) to enter into arrangements or agreements with any person;

(b) to co-operate with, or facilitate or co-ordinate the activities of, any person;

(d) to provide staff, goods, services or accommodation to any person.

(3) Unless the Welsh Ministers are exercising the power under subsection (1) in response to a request made under subsection (4), they must, before exercising that power, consult—

(a) the local authority which they propose to assist by the exercise of the power, and

(b) those persons who appear to the Welsh Ministers to be key stakeholders affected by the exercise of the power.

(4) If a local authority asks them to do so, the Welsh Ministers must consider whether to exercise their power under subsection (1).

Publication of information and reports

13

The Welsh Ministers may publish—

(a) information about the provision of care and support (or, in the case of carers, support) of the kind described in section 8(3), and

(b) reports on the progress made by local authorities and others towards the achievement of—

(i) the outcomes specified in a statement under section 8;

(ii) the quality standards and performance targets (if any) specified in a code under section 9.

Local arrangements

Assessment of needs for care and support, support for carers and preventative services

14

(1) A local authority and each Local Health Board any part of whose area lies within the area of the local authority must, in accordance with regulations, jointly assess—

(a) the extent to which there are people in the local authority's area who need care and support;

(b) the extent to which there are carers in the local authority's area who need support;

(c) the extent to which there are people in the local authority's area whose needs for care and support (or, in the case of carers, support) are not being met (by the authority, the Board or otherwise);

(d) the range and level of services required to meet the care and support needs of people in the local authority's area (including the support needs of carers);

(e) the range and level of services required to achieve the purposes in section 15(2) (preventative services) in the local authority's area;

(f) the actions required to provide the range and level of services identified in accordance with paragraphs (d) and (e) through the medium of Welsh.

(2) Regulations under subsection (1) may, for example, provide for the timing and review of assessments.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preventative services

15

(1) A local authority must provide or arrange for the provision of a range and level of services which it considers will achieve the purposes in subsection (2) in its area.

(2) The purposes are—

(a) contributing towards preventing or delaying the development of people's needs for care and support;

(b) reducing the needs for care and support of people who have such needs;

(d) minimising the effect on disabled people of their disabilities;

(e) contributing towards preventing people from suffering abuse or neglect;

(f) reducing the need for—

(i) proceedings for care or supervision orders under the Children Act 1989,

(ii) criminal proceedings against children,

(iii) any family or other proceedings in relation to children which might lead to them being placed in local authority care, or

(iv) proceedings under the inherent jurisdiction of the High Court in relation to children;

(g) encouraging children not to commit criminal offences;

(h) avoiding the need for children to be placed in secure accommodation within the meaning given in section 119 and in section 25 of the Children Act 1989;

(i) enabling people to live their lives as independently as possible.

(3) The things that may be provided or arranged in discharging the duty under subsection (1) include, but are not limited to, care and support (or in the case of carers, support) of the kind that must or may be provided under sections 35 to 45.

(4) A local authority must, in the exercise of its other functions, have regard to the importance of achieving the purposes in subsection (2) in its area.

(5) A Local Health Board must, in the exercise of its functions, have regard to the importance of achieving the purposes in subsection (2) in its area.

(6) In discharging its duty under subsection (1) a local authority—

(a) must identify the services already available in the authority's area which may help in achieving the purposes in subsection (2) and consider involving or making use of those services in discharging the duty;

(b) may take account of services which the authority considers might reasonably be provided or arranged by other persons in deciding what it should provide or arrange;

(c) must make the best use of the authority's resources and in particular avoid provision which might give rise to disproportionate expenditure.

(7) Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.

(8) Two or more local authorities may jointly discharge the duty under subsection (1) in relation to their combined area; where they do so—

(a) references in this section to a local authority are to be read as references to the authorities acting jointly, and

(b) references in this section to a local authority's area are to be read as references to the combined area.

(9) See sections 46 (exception for persons subject to immigration control), 47 (exception for provision of health services), 48 (exception for provision of housing etc) and 49 (restrictions on provision of payments) for an exception to the duty under subsection (1) and limitations on the manner in which the duty may be discharged.

16

(1) A local authority must promote—

(a) the development in its area of social enterprises to provide care and support and preventative services;

(b) the development in its area of co-operative organisations or arrangements to provide care and support and preventative services;

(c) the involvement of persons for whom care and support or preventative services are to be provided in the design and operation of that provision;

(d) the availability in its area of care and support and preventative services from third sector organisations (whether or not the organisations are social enterprises or co-operative organisations).

(2) In this section—

“care and support” (“gofal a chymorth”) includes support for carers;

“preventative services” (“gwasanaethau ataliol”) means services the local authority considers would achieve any of the purposes in section 15(2);

“social enterprise” (“menter gymdeithasol”) means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which—generates most of its income through business or trade,reinvests most of its profits in its social objects,is independent of any public authority, andis owned, controlled and managed in a way that is consistent with its social objects;

“society” (“y gymdeithas”) includes a section of society;

“third sector organisation” (“sefydliad trydydd sector”) means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society.

(3) For the purposes of this section, regulations may provide—

(a) that activities of a specified description are or are not to be treated as activities which a person might reasonably consider to be activities carried on for the benefit of society;

(b) that organisations or arrangements of a specified description are or are not to be treated as—

(i) social enterprises,

(ii) co-operative organisations or arrangements, or

(iii) third sector organisations;

Provision of information, advice and assistance

17

(1) A local authority must secure the provision of a service for providing people with—

(a) information and advice relating to care and support, and

(b) assistance in accessing care and support.

(2) In subsection (1)(a), “information” includes, but is not limited to, financial information (including information about direct payments).

(3) The local authority must seek to ensure that the service—

(a) is sufficient to enable a person to make plans for meeting needs for care and support that might arise, and

(b) provides information, advice and assistance to a person in a manner which is accessible to that person.

(4) The service must include, as a minimum, the publication of information and advice on the following matters—

(a) the system provided for by this Act and how the system operates in the authority's area,

(b) the types of care and support available in the authority's area,

(d) how to raise concerns about the well-being of a person who appears to have needs for care and support.

(5) A Local Health Board or an NHS Trust providing services in the area of a local authority must, for the purposes of this section, provide that local authority with information about the care and support it provides in the local authority's area.

(6) Two or more local authorities may jointly secure the provision of a service under this section for their combined area; and where they do so—

(a) references in this section to a local authority are to be read as references to the authorities acting jointly, and

(b) references in this section to a local authority's area are to be read as references to the combined area.

(7) In this section, “care and support” includes support for carers.

Registers of sight-impaired, hearing-impaired and other disabled people

18

(1) A local authority must establish and maintain a register of the people ordinarily resident in the authority's area who—

(a) are sight-impaired or severely sight-impaired,

(b) are hearing-impaired or severely hearing-impaired, or

(2) The register must identify, in respect of each person included in the register—

(a) the paragraph in subsection (1) within which that person falls, and

(b) the person's linguistic circumstances.

(3) Regulations may specify, for the purposes of subsection (1), categories of people who are, or are not, to be treated as falling within paragraph (a), (b) or (c) of that subsection.

(4) A local authority must establish and maintain a register of children to whom subsection (6) applies and who are within the local authority's area.

(5) A local authority may establish and maintain a register of adults to whom subsection (6) applies and who are ordinarily resident in the local authority's area.

(6) This subsection applies to a person who—

(a) is disabled,

(b) is not disabled but has a physical or mental impairment which gives rise, or which the authority considers may in the future give rise, to needs for care and support, or

(c) comes within any other category of persons the authority considers appropriate to include in a register of persons who have, or who the authority considers may in the future have, needs for care and support.

(7) A local authority—

(a) may categorise people included in a register under subsection (4) or (5) as it thinks fit, and

(b) must identify the linguistic circumstances of those people in the relevant register.

(8) The registers established and maintained under this section may be used in the exercise of the authority's functions; for example, for the purpose of—

(a) planning the provision by the authority of services to meet needs for care and support or support for carers, and

(b) monitoring changes over time in the number of people in the authority's area with needs for care and support and the types of needs they or their carers have.

(9) Nothing in this section requires a local authority to include any person in a register maintained under this section unless—

(a) the person has applied to be included in the register, or

(b) an application to be so included has been made on the person's behalf.

(10) Where a local authority includes a person in a register maintained under this section, the authority—

(a) must inform the person that he or she has been so included, and

(b) if a request is made by the person or on the person's behalf, must remove from the register any personal data (within the meaning of Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act)) relating to that person.

PART 3 — ASSESSING THE NEEDS OF INDIVIDUALS

Assessing adults

Duty to assess the needs of an adult for care and support

19

(1) Where it appears to a local authority that an adult may have needs for care and support, the authority must assess—

(a) whether the adult does have needs for care and support, and

(b) if the adult does, what those needs are.

(2) The duty under subsection (1) applies in relation to—

(a) an adult who is ordinarily resident in the authority's area, and

(b) any other adult who is within the authority's area.

(3) The duty under subsection (1) applies regardless of the local authority's view of—

(a) the level of the adult's needs for care and support, or

(b) the level of the adult's financial resources.

(4) In carrying out a needs assessment under this section, the local authority must—

(a) seek to identify the outcomes that the adult wishes to achieve in day to day life,

(b) assess whether, and if so, to what extent, the provision of—

(i) care and support,

(ii) preventative services, or

(iii) information, advice or assistance,

could contribute to the achievement of those outcomes or otherwise meet needs identified by the assessment, and

(c) assess whether, and if so, to what extent, other matters could contribute to the achievement of those outcomes or otherwise meet those needs.

(5) A local authority, in carrying out a needs assessment under this section, must involve—

(a) the adult, and

(b) where feasible, any carer that the adult has.

(6) The nature of the needs assessment required by this section is one that the local authority considers proportionate in the circumstances, subject to any requirement in regulations under section 30.

Refusal of a needs assessment for an adult

20

(1) If an adult (or, where applicable, an authorised person) refuses a needs assessment under section 19, the duty under that section to assess the adult's needs does not apply.

(2) But a refusal under subsection (1) does not discharge a local authority from its duty under section 19 in the following cases—

CASE 1 - the local authority is satisfied, in the case of a refusal given by the adult, that—the adult lacks capacity to decide whether to refuse to have the assessment, butthere is an authorised person to make the decision on the adult's behalf;

CASE 2 - the local authority is satisfied, in the case of a refusal given by the adult, that—the adult lacks capacity to decide whether to refuse to have the assessment,there is no authorised person to make the decision on the adult's behalf, andhaving the assessment would be in the adult's best interests;

CASE 3 - the local authority suspects that the adult is experiencing or at risk of abuse or neglect.

(3) Where a local authority has been discharged from its duty under section 19 by a refusal under this section, the duty is re-engaged if—

(a) the adult (or, where applicable, an authorised person) subsequently asks for an assessment, or

(b) the local authority considers that the adult's needs or circumstances have changed,

(subject to any further refusal under this section).

(4) In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the adult's behalf.

Assessing children

Duty to assess the needs of a child for care and support

21

(1) Where it appears to a local authority that a child may need care and support in addition to, or instead of, the care and support provided by the child's family, the authority must assess—

(a) whether the child does need care and support of that kind, and

(b) if the child does, what those needs are.

(2) The duty under subsection (1) applies in relation to—

(a) a child who is ordinarily resident in the authority's area, and

(b) any other child who is within the authority's area.

(3) The duty under subsection (1) applies regardless of the local authority's view of—

(a) the level of the child's needs for care and support, or

(b) the level of the financial resources of the child or any person with parental responsibility for the child.

(4) In carrying out a needs assessment under this section, the local authority must—

(a) assess the developmental needs of the child,

(b) seek to identify the outcomes that—

(i) the child wishes to achieve, to the extent it considers appropriate having regard to the child's age and understanding,

(ii) the persons with parental responsibility for the child wish to achieve in relation to the child, to the extent it considers appropriate having regard to the need to promote the child's well-being, and

(iii) persons specified in regulations (if any) wish to achieve in relation to the child,

(i) care and support,

(ii) preventative services, or

(iii) information, advice or assistance,

could contribute to the achievement of those outcomes or otherwise meet needs identified by the assessment,

(d) assess whether, and if so, to what extent, other matters could contribute to the achievement of those outcomes or otherwise meet those needs, and

(e) take account of any other circumstances affecting the child's well-being.

(5) A local authority, in carrying out a needs assessment under this section, must involve—

(a) the child, and

(b) any person with parental responsibility for the child.

(6) The nature of the needs assessment required by this section is one that the local authority considers proportionate in the circumstances, subject to any requirement in regulations under section 30.

(7) For the purposes of subsection (1) a disabled child is presumed to need care and support in addition to, or instead of, the care and support provided by the child's family.

(8) This section does not apply to a child looked after by—

(a) a local authority,

(b) a local authority in England,

(d) a Health and Social Care trust.

Refusal of a needs assessment for a child aged 16 or 17

22

(1) If a child aged 16 or 17 (or, where applicable, an authorised person) refuses a needs assessment under section 21, the duty under that section to assess the child's needs does not apply.

(2) If a person with parental responsibility for a child aged 16 or 17 refuses a needs assessment for that child under section 21 in circumstances in which the local authority is satisfied that—

(a) the child lacks capacity to decide whether to refuse to have the assessment, and

(b) there is no authorised person to make the decision on the child's behalf,

the duty under that section to assess the child's needs does not apply.

(3) But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 21 in the following cases—

CASE 1 - the local authority is satisfied, in the case of a refusal given by a child, that the child lacks capacity to decide whether to refuse to have the assessment;

CASE 2 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the child, that the person lacks capacity to decide whether to refuse the assessment;

CASE 3 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the child, that not having the assessment would not be in the child's best interests;

CASE 4 – the local authority suspects that the child is experiencing or at risk of abuse, neglect or other kinds of harm.

(4) Where a local authority has been discharged from its duty under section 21 by a refusal under this section, the duty is re-engaged if—

(a) the child (or, where applicable, an authorised person) subsequently asks for an assessment,

(b) a person with parental responsibility for the child subsequently asks for an assessment in the circumstances described in subsection (2), or

(c) the local authority considers that the child's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the child, have changed,

(subject to any further refusal under this section).

(5) In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the child's behalf.

Refusal of a needs assessment for a child aged under 16

23

(1) If—

(a) a child aged under 16 refuses a needs assessment under section 21, and

(b) the local authority is satisfied that the child has sufficient understanding to make an informed decision about the refusal of the assessment,

the duty under that section to assess the child's needs does not apply.

(2) If a person with parental responsibility for a child aged under 16 refuses a needs assessment for that child under section 21, the duty under that section to assess the child's needs does not apply.

(3) But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 21 in the following cases—

CASE 1 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the child, that the person lacks capacity to decide whether to refuse the assessment;

CASE 2 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the child, that the child—has sufficient understanding to make an informed decision about the refusal of the assessment, anddoes not agree with the refusal given by the person with parental responsibility for the child;

CASE 3 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the child, that not having the assessment would be inconsistent with the child's well-being;

CASE 4 – the local authority suspects that the child is experiencing or at risk of abuse, neglect or other kinds of harm.

(4) Where a local authority has been discharged from its duty under section 21 by a refusal under this section, the duty is re-engaged if—

(a) the child subsequently asks for an assessment and the local authority is satisfied that the child has sufficient understanding to make an informed decision about having an assessment,

(b) a person with parental responsibility for the child subsequently asks for an assessment, or

(c) the local authority considers that the child's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the child, have changed,

(subject to any further refusal under this section).

Assessing carers

Duty to assess the needs of a carer for support

24

(1) Where it appears to a local authority that a carer may have needs for support, the authority must assess—

(a) whether the carer does have needs for support (or is likely to do so in the future), and

(b) if the carer does, what those needs are (or are likely to be in the future).

(2) The duty under subsection (1) applies in relation to a carer who is providing or intends to provide care for—

(a) an adult or disabled child who is ordinarily resident in the authority's area, or

(b) any other adult or disabled child who is within the authority's area.

(3) The duty under subsection (1) applies regardless of the authority's view of—

(a) the level of the carer's needs for support, or

(b) the level of the financial resources of the carer or the person for whom the carer provides or intends to provide care.

(4) In carrying out a needs assessment under this section, the local authority must—

(a) assess the extent to which the carer is able, and will continue to be able, to provide care for the person for whom the carer provides or intends to provide care,

(b) assess the extent to which the carer is willing, and will continue to be willing, to do so,

(d) in the case of a carer who is a child, seek to identify the outcomes that—

(i) the carer wishes to achieve, to the extent it considers appropriate having regard to the carer's age and understanding,

(ii) the persons with parental responsibility for the carer wish to achieve in relation to the carer, to the extent it considers appropriate having regard to the need to promote the carer's well-being, and

(iii) persons specified in regulations (if any) wish to achieve in relation to the carer,

(e) assess whether, and if so, to what extent, the provision of—

(i) support,

(ii) preventative services, or

(iii) information, advice or assistance,

could contribute to the achievement of those outcomes or otherwise meet needs identified by the assessment, and

(f) assess whether, and if so, to what extent, other matters could contribute to the achievement of those outcomes or otherwise meet those needs.

(5) A local authority, in carrying out a needs assessment under this section, must have regard to—

(a) whether the carer works or wishes to do so,

(b) whether the carer is participating in or wishes to participate in education, training or any leisure activity, and

(i) the developmental needs of the child, and

(ii) whether it is appropriate for the child to provide the care (or any care) in light of those needs.

(6) A local authority, in carrying out a needs assessment under this section, must involve—

(a) the carer, and

(b) where feasible, the person for whom the carer provides or intends to provide care.

(7) The nature of the needs assessment required by this section is one that the local authority considers proportionate in the circumstances, subject to any requirement in regulations under section 30.

Refusal of a needs assessment for an adult carer

25

(1) If a carer who is an adult (or, where applicable, an authorised person) refuses a needs assessment under section 24, the duty under that section to assess the carer's needs does not apply.

(2) But a refusal under subsection (1) does not discharge a local authority from its duty under section 24 in the following cases—

CASE 1 - the local authority is satisfied, in the case of a refusal given by the carer, that—the carer lacks capacity to decide whether to refuse to have the assessment, butthere is an authorised person to make the decision on the carer's behalf;

CASE 2 - the local authority is satisfied, in the case of a refusal given by the carer, that—the carer lacks capacity to decide whether to refuse to have the assessment,there is no authorised person to make the decision on the carer's behalf, andhaving the assessment would be in the carer's best interests.

(3) Where a local authority has been discharged from its duty under section 24 by a refusal under this section, the duty is re-engaged if—

(a) the carer (or, where applicable, an authorised person) subsequently asks for an assessment, or

(b) the local authority considers that the carer's needs or circumstances have changed,

(subject to any further refusal under this section).

(4) In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the carer's behalf.

Refusal of a needs assessment for a carer aged 16 or 17

26

(1) If a carer aged 16 or 17 (or, where applicable, an authorised person) refuses a needs assessment under section 24, the duty under that section to assess the carer's needs does not apply.

(2) If a person with parental responsibility for a carer aged 16 or 17 refuses a needs assessment for the carer under section 24 in circumstances in which the local authority is satisfied that—

(a) the carer lacks capacity to decide whether to refuse to have the assessment, and

(b) there is no authorised person to make the decision on the carer's behalf,

the duty under that section to assess the carer's needs does not apply.

(3) But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 24 in the following cases—

CASE 1 - the local authority is satisfied, in the case of a refusal given by the carer, that the carer lacks capacity to decide whether to refuse to have the assessment;

CASE 2 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that the person lacks capacity to decide whether to refuse the assessment;

CASE 3 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that not having the assessment would not be in the carer's best interests.

(4) Where a local authority has been discharged from its duty under section 24 by a refusal under this section, the duty is re-engaged if—

(a) the carer (or, where applicable, an authorised person) subsequently asks for an assessment,

(b) a person with parental responsibility for the carer subsequently asks for an assessment in the circumstances described in subsection (2), or

(c) the local authority considers that the carer's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the carer, have changed,

(subject to any further refusal under this section).

(5) In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the carer's behalf.

Refusal of a needs assessment for a carer aged under 16

27

(1) If—

(a) a carer aged under 16 refuses a needs assessment under section 24, and

(b) the local authority is satisfied that the carer has sufficient understanding to make an informed decision about the refusal of the assessment,

the duty under that section to assess the carer's needs does not apply.

(2) If a person with parental responsibility for a carer aged under 16 refuses a needs assessment for the carer under section 24, the duty under that section to assess the carer's needs does not apply.

(3) But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 24 in the following cases—

CASE 1 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that the person lacks capacity to decide whether to refuse the assessment;

CASE 2 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that the carer—has sufficient understanding to make an informed decision about the refusal of the assessment, anddoes not agree with the refusal given by the person with parental responsibility for the carer;

CASE 3 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that not having the assessment would be inconsistent with the carer's well-being.

(4) Where a local authority has been discharged from its duty under section 24 by a refusal under this section, the duty is re-engaged if—

(a) the carer subsequently asks for an assessment and the local authority is satisfied that the carer has sufficient understanding to make an informed decision about having an assessment,

(b) a person with parental responsibility for the carer subsequently asks for an assessment, or

(c) the local authority considers that the carer's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the carer, have changed,

(subject to any further refusal under this section).

Supplementary

Combining needs assessments for a carer and a cared for person

28

(1) Where a person who appears to need care and support has a carer, a local authority may combine—

(a) the person's needs assessment under section 19 or 21, and

(b) the carer's needs assessment under section 24,

but this is subject to subsections (2) to (4).

(2) A local authority may not combine a needs assessment for an adult (whether under section 19 or 24) with a needs assessment for another person unless—

(a) the adult (or, where applicable, an authorised person) gives valid consent, or

(b) the requirement for valid consent may be dispensed with.

(3) A local authority may not combine a needs assessment for a child aged 16 or 17 (whether under section 21 or 24) with a needs assessment for another person unless—

(a) the child (or, where applicable, an authorised person) gives valid consent,

(b) a person with parental responsibility for the child gives valid consent in circumstances in which the local authority is satisfied that—

(i) the child lacks capacity to decide whether to consent to the combining of the needs assessments, and

(ii) there is no authorised person to make the decision on the child's behalf, or

(4) A local authority may not combine a needs assessment for a child aged under 16 (whether under section 21 or 24) with a needs assessment for another person unless—

(a) the child or a person with parental responsibility for the child gives valid consent, or

(b) the requirement for valid consent may be dispensed with.

(5) Consent given under subsection (2), (3) or (4) is valid except in the following cases—

CASE 1 - the local authority is satisfied, in the case of consent given by an adult or a child aged 16 or 17, that the adult or child lacks capacity to consent to the combination of the needs assessments;

CASE 2 - the local authority is satisfied, in the case of consent given by a child aged under 16, that the child does not have sufficient understanding to make an informed decision about the combination of the needs assessments;

CASE 3 - the local authority is satisfied, in the case of consent given by a person with parental responsibility for a child aged under 16 in relation to the child's needs assessment, that the child—has sufficient understanding to make an informed decision about the combination of the needs assessments, anddoes not agree with the consent given by the person with parental responsibility.

(6) A local authority may dispense with the requirement for valid consent in the following cases—

CASE 1 - the local authority is satisfied, with regard to the needs assessment of an adult, that—there is no person who may give valid consent, andcombining the needs assessments would be in the adult's best interests;

CASE 2 - the local authority is satisfied, with regard to the needs assessment of a child aged 16 or 17, that—the child lacks capacity to give valid consent,there is no authorised person who may give valid consent on the child's behalf, andcombining the needs assessments would be in the child's best interests;

CASE 3 - the local authority is satisfied, with regard to the needs assessment of a child aged under 16, that—the child does not have sufficient understanding to make an informed decision about the combination of the needs assessments, andcombining the needs assessments would be consistent with the child's well-being.

(7) In this section “authorised person” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to consent to the combination of the needs assessments on the adult or child's behalf.

Combining needs assessments and other assessments

29

(1) Where a person who appears to need support as a carer also appears to have needs for care and support in his or her own right, a local authority may combine a needs assessment for that person under section 24 with a needs assessment for that person under section 19 or 21.

(2) A local authority may carry out a needs assessment for a person at the same time as it or another body carries out another assessment under any enactment in relation to that person.

(3) For the purposes of subsection (2)—

(a) the local authority may carry out the other assessment on behalf of or jointly with the other body, or

(b) if the other body has already arranged for the other assessment to be carried out jointly with another person, the local authority may carry out the other assessment jointly with the other body and that other person.

Regulations about assessment

30

(1) Regulations must make provision about carrying out needs assessments.

(2) Regulations under this section must make provision for the review of needs assessments, and may, for example, specify—

(a) the persons who may request a review of an assessment (on their own behalf or on behalf of another person);

(b) the circumstances in which a local authority—

(i) may refuse to comply with a request for a review of an assessment, and

(ii) may not refuse to do so.

(3) Regulations under this section may also, for example, provide for—

(a) further persons whom a local authority must involve in carrying out an assessment under section 19, 21 or 24;

(b) the way in which an assessment is to be carried out, by whom and when;

(d) the considerations to which a local authority is to have regard in carrying out an assessment;

(e) powers to provide information for the purposes of assessment.

Part 3: interpretation

31

In this Part—

“information, advice or assistance” (“gwybodaeth, cyngor neu gynhorthwy”) means information, advice or assistance that may be provided by virtue of section 17;

“preventative services” (“gwasanaethau ataliol”) means services that may be provided by virtue of section 15.

PART 4 — MEETING NEEDS

Deciding what to do following needs assessment

Determination of eligibility and consideration of what to do to meet needs

32

(1) Where a local authority is satisfied, on the basis of a needs assessment, that a person has needs for care and support or, if the person is a carer, needs for support, the authority must—

(a) determine whether any of the needs meet the eligibility criteria;

(b) if the needs do not meet the eligibility criteria, determine whether it is nevertheless necessary to meet the needs in order to protect the person from—

(i) abuse or neglect or a risk of abuse or neglect (if the person is an adult);

(ii) abuse or neglect or a risk of abuse or neglect, or other harm or a risk of such harm (if the person is a child);

(c) determine whether the needs call for the exercise of any function it has under this Act or Parts 4 or 5 of the Children Act 1989, in so far as the function is relevant to that person;

(d) consider whether the person would benefit from the provision of anything that may be provided by virtue of section 15 (preventative services) or 17 (information, advice and assistance) or anything else that may be available in the community.

(2) If a local authority determines that any needs must be met, or are to be met, under sections 35 to 45, the authority must—

(a) consider what could be done to meet those needs;

(b) consider whether it would impose a charge for doing those things, and if so, determine the amount of that charge (see Part 5).

(3) Regulations must make provision about the discharge of the duty under subsection (1)(a).

(4) Needs meet the eligibility criteria if they—

(a) are of a description specified in regulations, or

(b) form part of a combination of needs of a description so specified.

(5) The regulations may, for example, describe needs by reference to—

(a) the effect that the needs have on the person concerned;

(b) the person's circumstances.

Procedure for regulations under section 32

33

(1) Before making regulations under section 32(3) or (4), the Welsh Ministers must carry out the following steps.

(2) The Welsh Ministers must consult—

(a) such persons as appear to them likely to be affected by the regulations,

(b) such organisations as appear to them to represent the interests of persons likely to be affected by the regulations, and

on the proposed draft regulations.

(3) The Welsh Ministers must—

(a) allow those persons a period of at least 12 weeks to submit comments on the proposed draft regulations,

(b) consider any comments submitted within that period, and

(4) The Welsh Ministers must lay a draft of the regulations before the National Assembly for Wales.

(5) Draft regulations laid under subsection (4)—

(a) must be accompanied by a statement of the Welsh Ministers giving details of any differences between the draft regulations consulted on under subsection (2) and the draft regulations laid under subsection (4), and

(b) may not be approved by a resolution of the National Assembly for Wales in accordance with section 196(6) until after the expiry of the period of 60 days beginning with the day on which the draft regulations are laid.

How to meet needs

34

(1) The following are examples of the ways in which a local authority may meet needs under sections 35 to 45—

(a) by arranging for a person other than the authority to provide something;

(b) by itself providing something;

(c) by providing something, or by arranging for something to be provided, to a person other than the person with needs for care and support (or, in the case of a carer, support).

(2) The following are examples of what may be provided or arranged to meet needs under sections 35 to 45—

(a) accommodation in a care home, children's home or premises of some other type;

(b) care and support at home or in the community;

(d) information and advice;

(e) counselling and advocacy;

(f) social work;

(g) payments (including direct payments);

(h) aids and adaptations;

(i) occupational therapy.

(3) Where a local authority is meeting a person's needs under sections 35 to 45 by providing or arranging care and support at the person's home, the local authority must satisfy itself that any visits to the person's home for that purpose are of sufficient length to provide the person with the care and support required to meet the needs in question.

(4) A code issued under section 145 must include guidelines as to the length of visits to a person's home for the purpose of providing care and support.

(5) See sections 47 (exception for provision of health services), 48 (exception for provision of housing etc) and 49 (restrictions on provision of payments) for limitations on what may be provided or arranged to meet needs for care and support and the way in which it may be provided or arranged.

Meeting care and support needs of adults

Duty to meet care and support needs of an adult

35

(1) A local authority must meet an adult's needs for care and support if it is satisfied that conditions 1, 2 and 3 are met (but see subsection (6)).

(2) Condition 1 is that the adult is—

(a) ordinarily resident in the local authority's area, or

(b) of no settled residence and within the authority's area.

(3) Condition 2 is that—

(a) the needs meet the eligibility criteria, or

(b) the local authority considers it necessary to meet the needs in order to protect the adult from abuse or neglect or a risk of abuse or neglect.

(4) Condition 3 is that—

(a) there is no charge for the care and support needed to meet those needs, or

(b) there is a charge for that care and support but—

(i) the local authority is satisfied on the basis of a financial assessment that the adult's financial resources are at or below the financial limit,

(ii) the local authority is satisfied on the basis of a financial assessment that the adult's financial resources are above the financial limit but the adult nonetheless asks the authority to meet his or her needs, or

(iii) the local authority is satisfied that the adult lacks capacity to arrange for the provision of care and support and there is no person authorised to make such arrangements under the Mental Capacity Act 2005 or otherwise in a position to do so on the adult's behalf.

(5) For the meaning of “financial assessment” and “financial limit” see Part 5.

(6) The duty under subsection (1) does not apply to an adult's needs to the extent that the local authority is satisfied that those needs are being met by a carer.

Power to meet care and support needs of adult

36

(1) A local authority may meet an adult's needs for care and support if the adult is—

(a) within the local authority's area, or

(b) ordinarily resident in the authority's area, but outside its area.

(2) If a local authority meets the needs of an adult who is ordinarily resident in the area of another local authority under subsection (1), it must notify the local authority in whose area the adult is ordinarily resident that it is doing so.

(3) A local authority has the power to meet needs under this section whether or not it has completed a needs assessment in accordance with Part 3 or a financial assessment in accordance with Part 5.

Meeting care and support needs of children

Duty to meet care and support needs of a child

37

(1) A local authority must meet a child's needs for care and support if it is satisfied that conditions 1 and 2, and any conditions specified in regulations, are met (but see subsections (5) and (6)).

(2) Condition 1 is that the child is within the local authority's area.

(3) Condition 2 is that—

(a) the needs meet the eligibility criteria, or

(b) the local authority considers it necessary to meet the needs in order to protect the child from—

(i) abuse or neglect or a risk of abuse or neglect, or

(ii) other harm or a risk of such harm.

(4) If the local authority has been notified about a child under section 120(2)(a) or under section 85(1) of the Children Act 1989 (children accommodated by health authorities and local education authorities), it must treat the child as being within its area for the purposes of this section.

(5) The duty under subsection (1) does not apply to a child's needs to the extent that the local authority is satisfied that those needs are being met by the child's family or a carer.

(6) This section does not apply to a child who is looked after by—

(a) a local authority,

(b) a local authority in England,

(d) a Health and Social Care trust.

Power to meet care and support needs of a child

38

(1) A local authority may meet a child's needs for care and support if the child is—

(a) within the local authority's area, or

(b) ordinarily resident in the authority's area, but outside its area,

(but see subsection (4)).

(2) If a local authority meets the needs of a child who is ordinarily resident in the area of another local authority under subsection (1), it must notify the local authority in whose area the child is ordinarily resident that it is doing so.

(3) A local authority has the power to meet needs under this section whether or not it has completed a needs assessment in accordance with Part 3 or a financial assessment in accordance with Part 5.

(4) This section does not apply to a child who is looked after by—

(a) a local authority,

(b) a local authority in England,

(d) a Health and Social Care trust.

Duty to maintain family contact

39

(1) This section applies to a child—

(a) who is within the area of a local authority,

(b) whom the local authority considers has needs for care and support in addition to the care and support provided by the child's family,

(d) who is not looked after by the local authority.

(2) If the local authority considers it necessary in order to promote the well-being of the child, it must take such steps as are reasonably practicable to—

(a) enable the child to live with the child's family, or

(b) promote contact between the child and the child's family.

Meeting support needs of a carer

Duty to meet support needs of an adult carer

40

(1) A local authority must meet the needs for support of a carer who is an adult if it is satisfied that conditions 1, 2 and 3, and any conditions specified in regulations, are met.

(2) Condition 1 is that the person cared for by the carer is—

(a) an adult who is—

(i) ordinarily resident in the local authority's area, or

(ii) of no settled residence and within the authority's area, or

(b) a disabled child who is within the authority's area.

(3) Condition 2 is that the carer's needs meet the eligibility criteria.

(4) Condition 3 is that—

(a) in so far as meeting the carer's needs involves the provision of support to the carer—

(i) there is not a charge under section 59 for meeting those needs, or

(ii) in so far as there is a charge, section 41(1) or (2) applies;

(b) in so far as meeting the carer's needs involves the provision of care and support to an adult cared for by the carer—

(i) there is not a charge under section 59 for meeting those needs and section 41(7), (8) or (9) applies, or

(ii) in so far as there is a charge, section 41(3) or (4) applies;

(c) in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged 16 or 17 who is cared for by the carer—

(i) there is not a charge under section 59 for meeting those needs and section 41(7), (8) or (10) applies, or

(ii) in so far as there is a charge, section 41(5) or (6) applies;

(d) in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged under 16 who is cared for by the carer—

(i) there is not a charge under section 59 for meeting those needs and section 41(12) or (13) applies, or

(ii) in so far as there is a charge, section 41(5) or (6) applies.

Duty to meet support needs of an adult carer: supplementary

41

(1) This subsection applies if the local authority is satisfied on the basis of a financial assessment that the carer's financial resources are at or below the financial limit.

(2) This subsection applies if—

(a) the local authority is satisfied on the basis of a financial assessment that the carer's financial resources are above the financial limit, and

(b) the carer nonetheless asks the authority to meet the needs in question.

(3) This subsection applies if—

(a) the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are at or below the financial limit, and

(b) subsection (7), (8) or (9) applies.

(4) This subsection applies if—

(a) the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are above the financial limit, and

(b) subsection (7), (8) or (9) applies.

(5) This subsection applies if—

(a) in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would not be reasonably practicable for the adult to pay any amount for the care and support, and

(b) either—

(i) subsection (7), (8) or (10) applies, in the case of a disabled child aged 16 or 17, or

(ii) subsection (12) or (13) applies, in the case of a disabled child aged under 16.

(6) This subsection applies if—

(a) in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would be reasonably practicable for the adult—

(i) to pay the standard charge for the care and support, or

(ii) to pay any other amount for the care and support,

(b) the adult does not object to the provision of the care and support, and

(i) subsection (7), (8) or (10) applies, in the case of a disabled child aged 16 or 17, or

(ii) subsection (12) or (13) applies, in the case of a disabled child aged under 16.

(7) This subsection applies if—

(a) the local authority is satisfied that the person cared for by the carer has capacity to decide whether to have the needs in question met by the provision of care and support to that person, and

(b) the person agrees to have those needs met in that way.

(8) This subsection applies if an authorised person agrees, on behalf of the person cared for by the carer, to have the needs in question met by the provision of care and support to that person.

(9) This subsection applies if—

(a) the local authority is satisfied that the adult cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that adult,

(b) there is no authorised person to make the decision on the adult's behalf, and

(10) This subsection applies if—

(a) the local authority is satisfied that the disabled child cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that child,

(b) there is no authorised person to make the decision on the child's behalf, and

(c) no objection has been made by a person with parental responsibility for the child to having those needs met in that way.

(11) The local authority may disregard an objection for the purposes of subsection (10)(c) if it is satisfied that it would not be in the disabled child's best interests.

(12) This subsection applies if—

(a) the local authority is satisfied that the disabled child cared for by the carer has sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and

(b) the child agrees to have those needs met in that way.

(13) This subsection applies if—

(a) the local authority is satisfied that the disabled child cared for by the carer does not have sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and

(b) no objection has been made by a person with parental responsibility for the child to having those needs met in that way.

(14) The local authority may disregard an objection for the purposes of subsection (13)(b) if it is satisfied that it would not be consistent with the disabled child's well-being.

(15) In this section—

“authorised person” (“person awdurdodedig”) means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide on behalf of the person cared for by the carer whether to have the needs in question met by the provision of care and support to that person;

“standard charge” (“ffi safonol”) has the meaning given by section 63(3).

(16) For the meaning of “financial assessment” and “financial limit” see Part 5.

Duty to meet support needs of a child carer

42

(1) A local authority must meet the needs for support of a carer who is a child if it is satisfied that conditions 1, 2 and (where applicable) 3, and any conditions specified in regulations, are met.

(2) Condition 1 is that the person cared for by the carer is—

(a) an adult who is—

(i) ordinarily resident in the local authority's area, or

(ii) of no settled residence and within the authority's area, or

(b) a disabled child who is within the authority's area.

(3) Condition 2 is that the carer's needs meet the eligibility criteria.

(4) Condition 3 is that—

(a) in so far as meeting the carer's needs involves the provision of care and support to an adult cared for by the carer—

(i) there is not a charge under section 59 for meeting those needs and section 43(5), (6) or (7) applies, or

(ii) in so far as there is a charge, section 43(1) or (2) applies;

(b) in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged 16 or 17 who is cared for by the carer—

(i) there is not a charge under section 59 for meeting those needs and section 43(5), (6) or (8) applies, or

(ii) in so far as there is a charge, section 43(3) or (4) applies;

(c) in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged under 16 who is cared for by the carer—

(i) there is not a charge under section 59 for meeting those needs and section 43(10) or (11) applies, or

(ii) in so far as there is a charge, section 43(3) or (4) applies.

Duty to meet support needs of a child carer: supplementary

43

(1) This subsection applies if—

(a) the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are at or below the financial limit, and

(b) subsection (5), (6) or (7) applies.

(2) This subsection applies if—

(a) the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are above the financial limit, and

(b) subsection (5), (6) or (7) applies.

(3) This subsection applies if—

(a) in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would not be reasonably practicable for the adult to pay any amount for the care and support, and

(b) either—

(i) subsection (5), (6) or (8) applies, in the case of a disabled child aged 16 or 17, or

(ii) subsection (10) or (11) applies, in the case of a disabled child aged under 16.

(4) This subsection applies if—

(a) in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would be reasonably practicable for the adult—

(i) to pay the standard charge for the care and support, or

(ii) to pay any other amount for the care and support,

(b) the adult does not object to the provision of the care and support, and

(i) subsection (5), (6) or (8) applies, in the case of a disabled child aged 16 or 17, or

(ii) subsection (10) or (11) applies, in the case of a disabled child aged under 16.

(5) This subsection applies if—

(a) the local authority is satisfied that the person cared for by the carer has capacity to decide whether to have the needs in question met by the provision of care and support to that person, and

(b) the person agrees to have those needs met in that way.

(6) This subsection applies if an authorised person agrees, on behalf of the person cared for by the carer, to have the needs in question met by the provision of care and support to that person.

(7) This subsection applies if—

(a) the local authority is satisfied that the adult cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that adult,

(b) there is no authorised person to make the decision on the adult's behalf, and

(8) This subsection applies if—

(a) the local authority is satisfied that the disabled child cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that child,

(b) there is no authorised person to make the decision on the child's behalf, and

(c) no objection has been made by a person with parental responsibility for the child to having those needs met in that way.

(9) The local authority may disregard an objection for the purposes of subsection (8)(c) if it satisfied that it would not be in the disabled child's best interests.

(10) This subsection applies if—

(a) the local authority is satisfied that the disabled child cared for by the carer has sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and

(b) the child agrees to have those needs met in that way.

(11) This subsection applies if—

(a) the local authority is satisfied that the disabled child cared for by the carer does not have sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and

(b) no objection has been made by a person with parental responsibility for the child to having those needs met in that way.

(12) The local authority may disregard an objection for the purposes of subsection (11)(b) if it is satisfied that it would not be consistent with the disabled child's well-being.

(13) In this section—

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Social Services and Well-being (Wales) Act 2014

PART 1 — INTRODUCTION

Overview

Overview of this Act

1

Key terms

Meaning of “well-being”

2

Meaning of “adult”, “child”, “carer”and “disabled”

3

Meaning of “care and support”

4

PART 2 — GENERAL FUNCTIONS

Overarching duties

Well-being duty

5

Other overarching duties: general

6

Other overarching duties: UN Principles and Convention

7

Well-being outcomes

Duty to issue a statement of the outcomes to be achieved

8

Power to issue a code to help achieve the outcomes

9

Local authorities and the code

10

Issue, approval and revocation of the code

11

Power to help local authorities to comply with the code’s requirements

12

Publication of information and reports

13

Local arrangements

Assessment of needs for care and support, support for carers and preventative services

14

Preventative services

15

Promoting social enterprises, co-operatives, user led services and the third sector

16

Provision of information, advice and assistance

17

Registers of sight-impaired, hearing-impaired and other disabled people

18

PART 3 — ASSESSING THE NEEDS OF INDIVIDUALS

Assessing adults

Duty to assess the needs of an adult for care and support

19

Refusal of a needs assessment for an adult

20

Assessing children

Duty to assess the needs of a child for care and support

21

Refusal of a needs assessment for a child aged 16 or 17

22

Refusal of a needs assessment for a child aged under 16

23

Assessing carers

Duty to assess the needs of a carer for support

24

Refusal of a needs assessment for an adult carer

25

Refusal of a needs assessment for a carer aged 16 or 17

26

Refusal of a needs assessment for a carer aged under 16

27

Supplementary

Combining needs assessments for a carer and a cared for person

28

Combining needs assessments and other assessments

29

Regulations about assessment

30

Part 3: interpretation

31

PART 4 — MEETING NEEDS

Deciding what to do following needs assessment

Determination of eligibility and consideration of what to do to meet needs

32

Procedure for regulations under section 32