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

(4) Where a local authority (“the receiving authority”) takes over the provision of accommodation for a child from a local authority or a local authority in England under section 76 (“the transferring authority”)—

(a) the receiving authority must (where reasonably practicable) inform—

(i) the child's parents, and

(ii) any person who is not a parent of the child but who has parental responsibility for the child,

(b) subsection (2) applies to the transferring authority, as well as to the receiving authority, until at least one of the persons mentioned in paragraph (a) or (b) of that subsection has been informed of the change, and

(c) subsection (3) does not require any person to inform the receiving authority of his or her address until that person has been informed under paragraph (a).

(5) Nothing in this section requires a local authority to inform a person of the whereabouts of a child, other than a child aged under 16 who is being accommodated under section 76, if the authority has reasonable cause to believe that informing the person would prejudice the child's well-being.

(6) Any person who fails, without reasonable excuse, to comply with subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Family visits to or by children: expenses

96

(1) This paragraph applies where—

(a) a child is being looked after by a local authority, and

(b) the conditions mentioned in subsection (4) are satisfied.

(2) The authority may make payments in respect of travelling, subsistence or other expenses incurred by the following persons in visiting the child—

(a) a parent of the child,

(b) any person who is not a parent of the child but who has parental responsibility for the child, or

(3) The authority may make payments to the child, or to any person on the child's behalf, in respect of travelling, subsistence or other expenses incurred by or on behalf of the child in visiting the persons mentioned in paragraphs (a) to (c) of subsection (2).

(4) The conditions are that—

(a) it appears to the authority that the visit in question could not otherwise be made without undue financial hardship, and

(b) the circumstances warrant the making of the payments.

Duty of local authority to ensure visits to, and contact with, looked after children and other children

97

(1) This section applies to—

(a) a child looked after by a local authority;

(b) a child who was looked after by a local authority but who has ceased to be looked after by the authority as a result of circumstances specified in regulations;

(2) Regulations specifying a category for the purpose of subsection (1)(c) must also specify the local authority which must discharge the duties imposed by or under this section in relation to a child who falls within the specified category.

(3) The local authority must—

(a) ensure that a child to whom this section applies is visited by a representative of the authority (“a representative”);

(b) arrange for appropriate advice and other support to be available to a child to whom this section applies.

(4) The duties imposed by subsection (3)—

(a) are to be discharged in accordance with any regulations made for the purposes of this section;

(b) are subject to any requirement imposed by or under an enactment applicable to the place in which the child to whom this section applies is accommodated.

(5) Regulations under this section may, for the purposes of subsection (4)(a), make provision about—

(a) the frequency of visits;

(b) circumstances in which a child to whom this section applies must be visited by a representative;

(6) In choosing a representative, a local authority must satisfy itself that the person chosen has the necessary skills and experience to perform the functions of a representative.

Independent visitors for looked after children

98

(1) A local authority looking after a child must appoint an independent person to be the child's visitor if—

(a) the child falls within a category specified in regulations, or

(b) in any other case, it appears to the authority that it would be in the child's interests to do so.

(2) A person appointed under this section must visit, befriend and advise the child.

(3) A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person's functions under this section.

(4) A person's appointment as a visitor in pursuance of this section comes to an end if—

(a) the child ceases to be looked after by the local authority,

(b) the person resigns the appointment by giving notice in writing to the appointing authority, or

(5) The ending of such an appointment does not affect any duty under this section to make a further appointment.

(6) Where a local authority proposes to appoint a visitor for a child under this section, the appointment must not be made if—

(a) the child objects to it, and

(b) the authority is satisfied that the child has sufficient understanding to make an informed objection.

(7) Where a visitor has been appointed for a child under this section, the local authority must terminate the appointment if—

(a) the child objects to its continuing, and

(b) the authority is satisfied that the child has sufficient understanding to make an informed objection.

(8) If the local authority gives effect to a child's objection under subsection (6) or (7) and the objection is to having anyone as the child's visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn.

(9) Regulations may provide for the circumstances in which a person is to be regarded for the purposes of this section as being independent of the appointing local authority.

Review of cases

Appointment of independent reviewing officer

99

(1) If a local authority is looking after a child, it must appoint an individual as the independent reviewing officer for that child's case.

(2) The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 102.

(3) If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable.

(4) An appointee must fall within a category of persons specified in regulations.

Functions of the independent reviewing officer

100

(1) The independent reviewing officer must—

(a) monitor the performance by the local authority of its functions in relation to the child's case;

(b) participate, in accordance with regulations, in any review of the child's case;

(c) ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;

(d) perform any other function specified in regulations.

(2) An independent reviewing officer's functions must be performed—

(a) in such manner as may be specified in regulations, and

(b) having regard to such guidance as that authority may issue in relation to the discharge of those functions.

(3) If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to a Welsh family proceedings officer.

(4) If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—

(a) to co-operate with that individual, and

(b) to take such reasonable steps as that individual may require to enable that individual's functions under this section to be performed satisfactorily.

Referred cases

101

(1) In relation to children whose cases are referred to Welsh family proceedings officers under section 100(3), the Lord Chancellor may by regulations—

(a) extend any functions of the Welsh family proceedings officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings;

(b) require any functions of the Welsh family proceedings officers to be performed in the manner specified by the regulations.

(2) The power to make regulations under this section is exercisable only with the consent of the Welsh Ministers.

Review of cases and inquiries into representations

102

(1) Regulations may require the case of each child who is being looked after by a local authority to be reviewed in accordance with the provisions of the regulations.

(2) The regulations may, among other things, make provision—

(a) as to the manner in which each case is to be reviewed;

(b) as to the considerations to which the local authority is to have regard in reviewing each case;

(d) requiring the authority, before conducting any review, to seek the views of—

(i) the child,

(ii) the child's parents,

(iii) any person who is not a parent of the child but who has parental responsibility for the child, and

(iv) any other person whose views the authority considers to be relevant,

including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review;

(e) requiring the authority, in the case of a child who is in its care—

(i) to keep the plan under section 31A of the Children Act 1989 (care orders: care plans) for the child under review and, if it is of the opinion that some change is required, to revise the plan or make a new plan accordingly, and

(ii) to consider whether an application should be made to discharge the care order;

(f) requiring the authority, in the case of a child in accommodation provided by or on behalf of the authority—

(i) if there is no plan for the future care of the child, to prepare one,

(ii) if there is such a plan for the child, to keep it under review and, if it is of the opinion that some change is required, to revise the plan or make a new plan accordingly, and

(iii) to consider whether the accommodation accords with the requirements of this Part;

(g) requiring the authority to inform the child, so far as is reasonably practicable, of any steps the child may take under this Act or the Children Act 1989;

(h) requiring the authority to make arrangements, including arrangements with other bodies which provide services and which it considers appropriate, to implement any decision which it proposes to make in the course, or as a result, of the review;

(i) requiring the authority to notify details of the result of the review and of any decision taken by it in consequence of the review to—

(i) the child,

(ii) the child's parents,

(iii) any person who is not a parent of the child but who has parental responsibility for the child, and

(iv) any other person whom it thinks ought to be notified;

(j) requiring the authority to monitor the arrangements which it has made with a view to ensuring that it complies with the regulations.

Leaving care, accommodation and fostering

Befriending, advising and assisting looked after children

103

A local authority looking after a child must advise, assist and befriend the child with a view to promoting the child's well-being when it has ceased to look after the child.

Young people entitled to support under sections 105 to 115

104

(1) The categories of young person defined in subsection (2) are entitled to support in accordance with sections 105 to 115.

(2) In this Act—

“category 1 young person” means a child who—is aged 16 or 17,is being looked after by a local authority, andhas been looked after by a local authority or a local authority in England for a specified period, or periods amounting in all to a specified period, which began after the child reached a specified age and ended after the child reached the age of 16;

“category 2 young person” means a child who—is aged 16 or 17,is not being looked after by a local authority or a local authority in England, andimmediately before ceasing to be looked after, was a category 1 young person;

“category 3 young person” means a person aged 18 or over who—has been a category 2 young person (and would continue to be so if he or she were under the age of 18), orwas being looked after by a local authority when he or she reached the age of 18 and, immediately before ceasing to be looked after, was a category 1 young person;

“category 4 young person” means a person who—is a category 3 young person towards whom the duties under sections 105, 106, 107(3) and (10) and 110 have ceased to apply (see section 111),has informed the responsible local authority that he or she is pursuing, or wishes to pursue, a programme of education or training, andhas not reached the age of 25 or any lower age specified;

“category 5 young person” means a person—who has reached the age of 16 but has not yet reached the age of 21,with respect to whom a special guardianship order is in force (or, if the young person has reached the age of 18, was in force when he or she reached that age), andwho was, immediately before the making of that order, looked after by a local authority;

“category 6 young person” means a person, other than a category 5 young person, who—at any time after reaching the age of 16 but while still a child was, but is no longer, looked after, accommodated or fostered,if so accommodated or fostered, is now within Wales, andhas not yet reached the age of 21.

(3) In the definition of “category 6 young person”, “looked after, accommodated or fostered” means—

(a) looked after by a local authority (without subsequently being looked after by a local authority in England),

(b) accommodated by or on behalf of a voluntary organisation,

(d) accommodated for a consecutive period of at least three months—

(i) by or on behalf of a Local Health Board or Special Health Authority,

(ii) by or on behalf of an integrated care board or NHS England,

(iii) by or on behalf of a local authority in the exercise of education functions,

(iv) by or on behalf of a local authority in England in the exercise of education functions,

(v) in any care home or independent hospital, or

(vi) in any accommodation provided by or on behalf of an NHS Trust or by or on behalf of an NHS Foundation Trust, or

(e) privately fostered (within the meaning of section 66 of the Children Act 1989).

(4) Subsection (3)(d) applies even if the period of three months mentioned there began before the child reached the age of 16.

(5) In this Act “responsible local authority” means—

(a) in relation to a category 1 young person, the local authority which looks after the child;

(b) in relation to a category 2, category 3 or category 4 young person, the local authority which last looked after that person;

(d) in relation to a category 6 young person falling within that category by virtue of paragraph (a) of subsection (3), the local authority which last looked after that person;

(e) in relation to a category 6 young person falling within that category by virtue of any other paragraph of that subsection, the local authority within whose area the person is.

(6) Regulations may, for the purposes of any of the powers or duties under sections 105 to 115—

(a) specify additional categories of persons;

(b) specify categories of persons who are not to be treated as falling within a category of young person mentioned in subsection (1);

(c) make provision for determining which local authority is to be the responsible local authority for the purpose of a category specified under paragraph (a).

Keeping in touch

105

(1) The responsible local authority for a category 2 or category 3 young person must take reasonable steps to keep in touch with that person, whether the person is within its area or not.

(2) If the responsible local authority for a category 2 or category 3 young person has lost touch with that person it must—

(a) consider how to re-establish contact, and

(b) take reasonable steps to do so.

(3) In the case of a category 2 young person, the responsible local authority must discharge its duty under subsection (2) without delay and continue to take reasonable steps to re-establish contact until it succeeds.

(4) In the case of a category 3 young person, the duties under subsections (1) and (2) are subject to section 111.

(5) The responsible local authority for a category 6 young person falling within that category by virtue of section 104(3)(a) must take reasonable steps to contact the young person at such times as it thinks appropriate with a view to discharging its functions under section 115.

Personal advisers

106

(1) The responsible local authority for a person mentioned in subsection (2) must arrange for that person to have a personal adviser.

(2) The persons are—

(a) a category 1 young person;

(b) a category 2 young person;

(d) a category 4 young person.

(3) The duty under subsection (1)—

(a) in the case of a category 3 young person, is subject to section 111;

(b) in the case of a category 4 young person, is subject to section 113.

(4) Personal advisers appointed under or by virtue of this Part are to have such functions as may be specified in regulations.

Pathway assessments and plans: general

107

(1) The responsible local authority for a category 1 young person must carry out an assessment of the young person's needs with a view to determining what advice and other support it would be appropriate for it to provide to the young person under this Part—

(a) while it is still looking after the young person, and

(b) after it ceases to look after the young person.

(2) The responsible local authority for a category 2 or category 3 young person who does not already have a pathway plan must carry out an assessment of the young person's needs with a view to determining what advice and other support it would be appropriate for it to provide to the young person under this Part.

(3) After conducting an assessment under subsection (1) or (2), the local authority must prepare a pathway plan and maintain it for as long as the young person falls within category 1, 2 or 3 (but see subsection (12)).

(4) The responsible local authority for a category 4 young person must carry out an assessment of the young person's needs with a view to determining what advice and other support (if any) it would be appropriate for it to provide to the young person under this Part.

(5) In conducting an assessment under subsection (4), the local authority may take into account any duty that it may have to make a payment to the young person under section 112(2).

(6) After conducting an assessment under subsection (4), the local authority must prepare a pathway plan.

(7) A pathway plan is a plan setting out—

(a) in the case of a plan for a category 1 young person—

(i) the advice and other support which the local authority intends to provide for the young person under this Part, both while it is looking after the young person and later, and

(ii) when it might cease to look after the young person;

(b) in the case of a plan for a category 2, category 3 or category 4 young person, the advice and other support which the local authority intends to provide for the young person under this Part;

(8) Regulations may make provision as to assessments for the purposes of this section.

(9) The regulations may, for example, make provision about—

(a) the persons who are to be consulted in relation to an assessment;

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

(d) the considerations to which the local authority are to have regard in carrying out an assessment.

(10) The local authority must keep the pathway plan under regular review (but see subsections (12) and (13)).

(11) The local authority may carry out an assessment or review under this section at the same time as any other assessment or review of the young person's needs.

(12) In the case of a category 3 young person, the duties under subsections (3) and (10) are subject to section 111.

(13) In the case of a category 4 young person, the duty under subsection (10) is subject to section 113.

Pathway assessments and plans: post-18 living arrangements

108

(1) The responsible local authority for a category 1 young person who has been placed with a local authority foster parent must comply with subsection (2) when—

(a) carrying out an assessment in relation to the young person under section 107(1),

(b) preparing and maintaining a pathway plan for the young person under section 107(3), or

(2) The responsible local authority must ascertain whether the young person and his or her local authority foster parent wish to make a post-18 living arrangement.

(3) A “post-18 living arrangement” is an arrangement under which—

(a) a category 3 young person—

(i) who is under the age of 21, and

(ii) who was being looked after by a local authority when he or she reached the age of 18 and, immediately before ceasing to be looked after, was a category 1 young person, and

(b) a person (a “former foster parent”) who was the young person's local authority foster parent immediately before he or she ceased to be looked after,

continue to live together after the young person has ceased to be looked after.

(4) Where the young person and his or her local authority foster parent wish to make a post-18 living arrangement, the responsible local authority must provide advice and other support in order to facilitate the arrangement.

(5) Subsection (4) does not apply if the responsible local authority considers that the making of a post-18 living arrangement between the young person and his or her local authority foster parent would not be consistent with the young person's well-being.

(6) Regulations may make provision about—

(a) the persons to whom information about post-18 living arrangements must be provided;

(b) the manner in which that information must be provided.

Support for category 2 young people

109

(1) The responsible local authority for a category 2 young person must safeguard and promote that person's well-being and, unless it is satisfied that the person's well-being does not require it, support the person by—

(a) maintaining the person,

(b) providing the person with, or maintaining the person in, suitable accommodation, and

(2) Support under subsection (1) may be in kind or in cash.

(3) Regulations may make provision about the meaning of “suitable accommodation” and in particular about the suitability of landlords or other providers of accommodation.

(4) Section 78(3) applies in relation to any decision by a local authority for the purposes of this section as it applies in relation to the decisions referred to in that section.

Support for category 3 young people

110

(1) The responsible local authority for a category 3 young person must support that young person by—

(a) contributing, to the extent that the young person's well-being requires it, to expenses incurred by the young person in living near the place where he or she is, or will be, employed or seeking employment;

(b) contributing, to the extent that the young person's well-being and educational or training needs require it, to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training;

(c) making a grant to the young person, to the extent that the young person's well-being and educational or training needs require it, to enable him or her to meet expenses connected with his or her education or training;

(d) doing anything else it considers appropriate, to the extent that the young person's well-being requires it.

(2) The responsible local authority for a category 3 young person who has a post-18 living arrangement must, in addition—

(a) monitor the arrangement, and

(b) if the authority considers that the arrangement is consistent with the young person's well-being, provide advice and other support to the young person and the former foster parent with a view to maintaining the arrangement.

(3) In subsection (2) “post-18 living arrangement” has the meaning given by section 108 and “former foster parent” has the same meaning as in that definition.

(4) The support given under subsection (1)(d) and (2)(b) may be in kind or in cash.

(5) Where support is provided to a former foster parent under subsection (2)(b), the support must include financial support.

(6) The responsible local authority for a category 3 young person who pursues higher education in accordance with his or her pathway plan must pay the relevant amount to that young person.

(7) The duty under subsection (6) is in addition to the responsible local authority's duty under subsection (1).

(8) Subsection (9) applies where the responsible local authority for a category 3 young person is satisfied that the young person—

(a) is in full-time further or higher education,

(b) is being given support under subsection (1)(b) or (c) or has received a payment under subsection (6), and

(9) The responsible authority must—

(a) provide the young person with suitable accommodation during the vacation, or

(b) pay the young person enough to secure such accommodation.

(10) The duties under this section are subject to section 111.

Cessation of duties in relation to category 3 young people

111

(1) A responsible local authority's duties towards a category 3 young person cease when the young person reaches the age of 21, except in the circumstances set out in subsection (2).

(2) Where the category 3 young person's pathway plan sets out a programme of education or training which extends beyond the date on which he or she reaches the age of 21—

(a) the duties under section 110(1)(b) and (c), (6) and (9) continue until the young person ceases to pursue that programme, and

(b) the duties under sections 105, 106 and 107(3) and (10) continue concurrently with those duties and cease at the same time.

(3) For the purposes of subsection (2)(a), the responsible local authority must disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable.

Support for category 4 young people

112

(1) The responsible local authority for a category 4 young person must support that young person, to the extent that his or her educational or training needs require it, by—

(a) contributing to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training;

(b) making a grant to the young person to enable him or her to meet expenses connected with his or her education or training.

(2) The responsible local authority for a category 4 young person who pursues higher education in accordance with his or her pathway plan must pay the relevant amount to that young person.

(3) The duty under subsection (2) is in addition to the responsible local authority's duty under subsection (1).

(4) Where the responsible local authority for a category 4 young person is satisfied that the young person is in full-time further or higher education and needs accommodation during a vacation because term-time accommodation is not available, it must—

(a) provide the young person with suitable accommodation during the vacation, or

(b) pay the young person enough to secure such accommodation.

(5) The responsible local authority for a category 4 young person may take its duty under subsection (2) into account in assessing the young person's need under section 107(4) and in discharging its duties under subsections (1) and (4).

(6) The duties under this section are subject to section 113.

Cessation of duties in relation to category 4 young people

113

(1) A responsible local authority's duties towards a category 4 young person cease when the young person ceases to pursue a programme of education or training in accordance with his or her pathway plan.

(2) For the purposes of subsection (1), the responsible local authority may disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable.

Support for category 5 young people and former category 5 young people

114

(1) The responsible local authority for a category 5 young person must consider whether the conditions in subsection (2) are satisfied in relation to the young person.

(2) The conditions are that—

(a) the young person needs support of a kind which it can give under this section, and

(b) the local authority is satisfied that the person by whom the young person was being looked after does not have the necessary facilities for advising or befriending him or her.

(3) If the conditions are satisfied the local authority must advise and befriend the young person and may give that person support in the manner described in subsection (4).

(4) The support may be given—

(a) in kind;

(b) by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, employed or seeking employment;

(c) by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training;

(d) by making a grant to the young person to enable him or her to meet expenses connected with his or her education or training;

(e) by providing accommodation, if support may not be given in respect of the accommodation under paragraphs (b) to (d);

(f) in cash.

(5) A local authority may also give support in the manner described in paragraphs (c) and (d) of subsection (4) to a young person who—

(a) is under the age of 25, and

(b) would be a category 5 young person if he or she were under the age of 21.

(6) Where a local authority is giving support in the manner described in subsection (4)(c) or (d) it may disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable.

(7) Where a local authority is satisfied that a young person for whom it may provide support under subsection (4) or (5) is in full-time further or higher education and needs accommodation during a vacation because term-time accommodation is not available, it must—

(a) provide the person with suitable accommodation during the vacation, or

(b) pay the person enough to secure such accommodation.

Support for category 6 young people and former category 6 young people

115

(1) The responsible local authority for a category 6 young person must consider whether the conditions in subsection (2) are satisfied in relation to the young person.

(2) The conditions are that—

(a) the young person needs support of a kind which the local authority can give under this section, and

(b) where the young person is a category 6 young person by virtue of section 104(3)(b) to (e), the local authority is satisfied that the person by whom the young person was being looked after, accommodated or fostered (within the meaning of that subsection) does not have the necessary facilities for advising or befriending him or her.

(3) If the conditions are satisfied—

(a) the local authority must advise and befriend the young person, if that person is a category 6 young person by virtue of section 104(3)(a) or (b), and

(b) in any other case, the local authority may advise and befriend the young person.

(4) Where as a result of this section, a local authority is under a duty, or is empowered, to advise and befriend a young person, it may give that person support in the manner described in subsection (5).

(5) The support may be given—

(a) in kind;

(b) where the young person is a category 6 young person by virtue of section 104(3)(a)—

(i) by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, employed or seeking employment;

(ii) by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training;

(iii) by making a grant to the young person to enable him or her to meet expenses connected with his or her education or training;

(d) in cash.

(6) A local authority may also give support in the manner described in subsection (5)(b)(ii) and (iii) to a young person who—

(a) is under the age of 25, and

(b) if he or she were under the age of 21, would be a category 6 young person by virtue of section 104(3)(a).

(7) Where a local authority is giving support in the manner described in subsection (5)(b)(ii) or (iii) it may disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable.

(8) Where a local authority is satisfied that a young person for whom it may provide support under subsection (4) or (6) is in full-time further or higher education and needs accommodation during a vacation because term-time accommodation is not available, it must—

(a) provide the person with suitable accommodation during the vacation, or

(b) pay the person enough to secure such accommodation.

Supplementary provision about support for young persons in further or higher education

116

(1) Regulations may, for the purposes of sections 110(6) and 112(2)—

(a) specify the relevant amount;

(b) specify the meaning of “higher education”;

(d) make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by a local authority from a young person to whom a payment has been made under those provisions.

(2) Regulations may make provision for the meaning of “full-time” (“llawnamser”), “further education” (“addysg bellach”), “higher education” (“addysg uwch”) and “vacation” (“gwyliau”) for the purposes of sections 110(8), 112(4), 114(7) and 115(8).

Charging for provision under sections 109 to 115

117

(1) A local authority may impose a charge for support (other than advice) under sections 109 to 115.

(2) A charge imposed under subsection (1)—

(a) may only cover the cost that the local authority incurs in meeting the needs to which the charge applies;

(b) may be imposed—

(i) on the young person who receives the support, if that person has reached the age of 18;

(ii) on a person with parental responsibility for the young person who receives the support, if the young person is under 18 years of age.

(3) A person is not liable to pay a charge under this section during any period when the person is in receipt of a benefit which falls within a category specified in regulations.

(4) In subsection (3) “benefit” includes any allowance, payment, credit or loan.

(5) The power to make regulations under section 61 or 62 applies to charges under this section in relation to support as it applies to charges under section 59 in relation to care and support.

(6) Regulations may apply any provision made in or under sections 63 to 68 or sections 70 to 73 to charging under this section with or without specified modifications.

Information

118

(1) Where it appears to a local authority that a young person—

(a) with whom it is under a duty to keep in touch under section 105,

(b) whom it has been advising and befriending under section 114 or 115, or

proposes to live, or is living, in the area of another local authority or a local authority in England, it must inform that other authority.

(2) Where a child who is accommodated in Wales—

(a) by a voluntary organisation or in a private children's home,

(b) by or on behalf of any Local Health Board or Special Health Authority,

(d) by or on behalf of local authority in the exercise of education functions,

(e) by or on behalf of a local authority in England in the exercise of education functions,

(f) in any care home or independent hospital, or

(g) in any accommodation provided by or on behalf of an NHS Trust or by or on behalf of an NHS Foundation Trust,

ceases to be so accommodated after reaching the age of 16, the person by whom or on whose behalf the child was accommodated or who carries on or manages the home or hospital (as the case may be) must inform the local authority or local authority in England within whose area the child proposes to live.

(3) Subsection (2) only applies by virtue of paragraphs (b) to (g), if the accommodation has been provided for a consecutive period of at least three months.

(4) In a case where a child was accommodated by or on behalf of a local authority, or a local authority in England, in the exercise of education functions, subsection (2) applies only if the authority which accommodated the child is different from the authority within whose area the child proposes to live.

Secure accommodation

Use of accommodation for restricting liberty

119

(1) Subject to the following provisions of this section, a child who is being looked after by a local authority or a local authority in England may not be placed, and if placed, may not be kept, in accommodation in Wales provided for the purpose of restricting liberty (“secure accommodation”) unless it appears—

(a) that the child—

(i) has a history of absconding and is likely to abscond from any other description of accommodation, and

(ii) is likely to suffer significant harm if the child absconds, or

(b) that if the child is kept in any other description of accommodation, he or she is likely to injure himself or herself or other persons.

(2) The Welsh Ministers may by regulations—

(a) specify a maximum period—

(i) beyond which a child may not be kept in secure accommodation in Wales without the authority of the court, and

(ii) for which the court may authorise a child to be kept in secure accommodation in Wales;

(b) empower the court from time to time to authorise a child to be kept in secure accommodation in Wales for such further period as the regulations may specify;

(c) provide that applications to the court under this section be made only by a local authority or a local authority in England.

(3) It is the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in the child's case.

(4) If a court determines that any such criteria are satisfied, it must make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which the child may be so kept.

(5) On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation.

(6) No court is to exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless, having been informed of his or her right to apply for the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and having had the opportunity to do so, the child refused or failed to apply.

(7) The Welsh Ministers may by regulations provide that—

(a) this section is or is not to apply to any description of children specified in the regulations;

(b) this section has effect in relation to children of a description specified in the regulations subject to modifications specified in the regulations;

(c) other provisions specified in the regulations are to have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in secure accommodation in Wales.

(8) The giving of an authorisation under this section does not prejudice any power of any court in England and Wales to give directions relating to the child to whom the authorisation relates.

(9) The giving of an authorisation under this section does not prejudice the effect of any direction given by a court in Scotland relating to a child to whom the authorisation relates, in so far as the direction has effect in the law of England and Wales.

(10) This section is subject to section 76(5).

(11) An order made under this section in relation to a child, if it would otherwise still be in force, ceases to have effect when the child reaches the age of 18.

Children accommodated in certain establishments

Assessment of children accommodated by health authorities and education authorities

120

(1) Subsection (2) applies where a child is provided with accommodation in Wales by a Local Health Board, an NHS Trust or a local authority in the exercise of education functions (“the accommodating authority”)—

(a) for a consecutive period of at least 3 months, or

(b) with the intention, on the part of that authority, of accommodating the child for such a period.

(2) The accommodating authority must notify the appropriate officer of the responsible authority—

(a) that it is accommodating the child, and

(b) when it ceases to accommodate the child.

(3) In this section, “the responsible authority” means—

(a) the local authority or local authority in England appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated, or

(b) where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority or local authority in England, the local authority within whose area the accommodation is situated.

(4) In this section and in sections 121 and 122 “the appropriate officer” means—

(a) in relation to a local authority, its director of social services, and

(b) in relation to a local authority in England, its director of children's services.

(5) Where the appropriate officer of a local authority has been notified under this section , or under section 85 of the Children Act 1989 (assessment of children accommodated by health authorities and education authorities), the authority must—

(a) assess the child under section 21, and

(b) consider the extent to which (if at all) it should exercise any of its other functions under this Act, or any of its functions under the Children Act 1989, with respect to the child.

(6) The duty under subsection (5)(a) does not apply in relation to a child looked after by—

(a) a local authority,

(b) a local authority in England,

(d) a Health and Social Care trust.

Assessment of children accommodated in care homes or independent hospitals

121

(1) Subsection (2) applies where a child is provided with accommodation in Wales in any care home or independent hospital—

(a) for a consecutive period of at least three months, or

(b) with the intention, on the part of the person taking the decision to accommodate the child, of accommodating the child for such period.

(2) The person carrying on the establishment in question must notify the appropriate officer of the local authority within whose area the establishment is carried on—

(a) that it is accommodating the child, and

(b) when it ceases to accommodate the child.

(3) Where the appropriate officer of a local authority has been notified under this section, the authority must—

(a) assess the child under section 21, and

(b) consider the extent to which (if at all) it should exercise any of its other functions under this Act, or any of its functions under the Children Act 1989, with respect to the child.

(4) The duty under subsection (3)(a) does not apply in relation to a child looked after by—

(a) a local authority,

(b) a local authority in England,

(d) a Health and Social Care trust.

(5) If a person carrying on a care home or independent hospital fails, without reasonable excuse, to comply with this section, the person is guilty of an offence.

(6) A person authorised by a local authority may enter a care home or independent hospital within the authority's area for the purpose of establishing whether the requirements of this section have been complied with.

(7) A person exercising the power of entry must, upon request, produce some duly authenticated document showing authority to do so.

(8) A person who intentionally obstructs a person exercising the power of entry is guilty of an offence.

(9) A person committing an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Visitors for children notified to a local authority under section 120 or 121

122

(1) This section applies if the appropriate officer of a local authority—

(a) has been notified with respect to a child under section 120(2)(a) or 121(2)(a), or under section 85(1) of the Children Act 1989 (children accommodated by health authorities and local education authorities), and

(b) has not been notified with respect to that child under section 120(2)(b) or section 121(2)(b) , or under section 85(2) of the Children Act 1989.

(2) The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”).

(3) It is the duty of a representative to provide advice and assistance to the local authority on the performance of its duties under this Act in relation to the child.

(4) Regulations under this section may make provision about—

(a) the frequency of visits under visiting arrangements;

(b) circumstances in which visiting arrangements must require a child to be visited;

(5) In choosing a representative a local authority must satisfy itself that the person chosen has the necessary skills and experience to perform the functions of a representative.

(6) In this section “visiting arrangements” means arrangements made under subsection (2).

Services for children notified to a local authority under section 120 or 121

123

(1) A local authority must provide such services as it considers appropriate for children in respect of whom it receives notification under section 120 or 121 , or under section 85 of the Children Act 1989 (children accommodated by health authorities and local education authorities).

(2) The services provided under this section must be provided with a view to promoting contact between each child in respect of whom the local authority receives notification and the child's family.

(3) The services may include anything the authority may provide or arrange under Part 4.

(4) Nothing in this section affects the duty imposed by section 39.

Moving looked after children to live outside the jurisdiction

Arrangements to assist children to live outside England and Wales

124

(1) A local authority may only arrange for, or assist in arranging for, a child in its care to live outside England and Wales with the approval of the court.

(2) A local authority may, with the approval of every person who has parental responsibility for the child arrange for, or assist in arranging for, any other child looked after by it to live outside England and Wales.

(3) The court must not give its approval under subsection (1) unless it is satisfied that—

(a) living outside England and Wales would be in the child's best interests,

(b) suitable arrangements have been, or will be, made for the child's reception and well-being in the country in which he or she will live,

(d) every person who has parental responsibility for the child has consented to the child living in that country.

(4) Where the court is satisfied that the child does not have sufficient understanding to give or withhold consent, it may disregard subsection (3)(c) and give its approval if the child is to live in the country concerned with a parent, guardian, special guardian, or other suitable person.

(5) Where a person whose consent is required by subsection (3)(d) fails to give consent, the court may dispense with that person's consent if it is satisfied that—

(a) the person cannot be found or lacks capacity to give consent, or

(b) the well-being of the child requires the consent to be dispensed with.

(6) Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom) does not apply in the case of a child who is to live outside England and Wales with the approval of the court given under this section.

(7) Where a court decides to give its approval under this section, it may order that its decision is not to have effect during the appeal period.

(8) In subsection (7) “the appeal period” means—

(a) where an appeal is made against the decision, the period between the making of the decision and the determination of the appeal, and

(b) otherwise, the period during which an appeal may be made against the decision.

(9) This section does not apply —

(a) to a local authority placing a child in secure accommodation in Scotland under section 25 of the Children Act 1989, or

(b) to a local authority placing a child for adoption with prospective adopters.

Death of a looked after child

Death of children being looked after by local authorities

125

(1) If a child who is being looked after by a local authority dies, the authority—

(a) must notify the Welsh Ministers,

(b) must, so far as is reasonably practicable, notify the child's parents and every person who is not a parent of the child but who has parental responsibility for the child,

(c) may, with the consent (so far as it is reasonably practicable to obtain it) of every person who has parental responsibility for the child, arrange for the child's body to be buried or cremated, and

(d) may, if the conditions mentioned in subsection (2) are satisfied, make payments to any person who has parental responsibility for the child, or any relative, friend or other person connected with the child, in respect of travelling, subsistence or other expenses incurred by that person in attending the child's funeral.

(2) The conditions are that—

(a) it appears to the authority that the person concerned could not otherwise attend the child's funeral without undue financial hardship, and

(b) that the circumstances warrant the making of the payments.

(3) Subsection (1) does not authorise cremation where it does not accord with the practice of the child's religious persuasion.

(4) Where a local authority has exercised its power under subsection (1)(c) with respect to a child who was under 16 when the child died, it may recover from any parent of the child any expenses incurred by it.

(5) Any amounts so recoverable are, without prejudice to any other method of recovery, recoverable summarily as a civil debt.

(6) Nothing in this section affects any enactment regulating or authorising the burial, cremation or anatomical examination of the body of the deceased person.

PART 7 — SAFEGUARDING

Adults at risk

126

(1) An “adult at risk”, for the purposes of this Part, is an adult who—

(a) is experiencing or is at risk of abuse or neglect,

(b) has needs for care and support (whether or not the authority is meeting any of those needs), and

(2) If a local authority has reasonable cause to suspect that a person within its area (whether or not ordinarily resident there) is an adult at risk, it must—

(a) make (or cause to be made) whatever enquiries it thinks necessary to enable it to decide whether any action should be taken (whether under this Act or otherwise) and, if so, what and by whom, and

(b) decide whether any such action should be taken.

(3) Regulations made under section 54(5) (care and support plans) must include provision about recording in a care and support plan the conclusions of enquiries made under this section.

Adult protection and support orders

127

(1) An authorised officer may apply to a justice of the peace for an order (“an adult protection and support order”) in relation to a person living in any premises within a local authority's area.

(2) The purposes of an adult protection and support order are—

(a) to enable the authorised officer and any other person accompanying the officer to speak in private with a person suspected of being an adult at risk,

(b) to enable the authorised officer to ascertain whether that person is making decisions freely, and

(c) to enable the authorised officer properly to assess whether the person is an adult at risk and to make a decision as required by section 126(2) on what, if any, action should be taken.

(3) When an adult protection and support order is in force the authorised officer, a constable and any other specified person accompanying the officer in accordance with the order, may enter the premises specified in the order for the purposes set out in subsection (2).

(4) The justice of the peace may make an adult protection and support order if satisfied that—

(a) the authorised officer has reasonable cause to suspect that a person is an adult at risk,

(b) it is necessary for the authorised officer to gain access to the person in order properly to assess whether the person is an adult at risk and to make a decision as required by section 126(2) on what, if any, action should be taken,

(d) exercising the power of entry conferred by the order will not result in the person being at greater risk of abuse or neglect.

(5) An adult protection and support order must—

(a) specify the premises to which it relates;

(b) provide that the authorised officer may be accompanied by a constable;

(6) Other conditions may be attached to an adult protection and support order, for example—

(a) specifying restrictions on the time at which the power of entry conferred by the order may be exercised;

(b) providing for the authorised officer to be accompanied by another specified person;

(c) requiring notice of the order to be given to the occupier of the premises and to the person suspected of being an adult at risk.

(7) A constable accompanying the authorised officer may use reasonable force if necessary in order to fulfil the purposes of an adult protection and support order set out in subsection (2).

(8) On entering the premises in accordance with an adult protection and support order the authorised officer must—

(a) state the object of the visit,

(b) produce evidence of the authorisation to enter the premises, and

(c) provide an explanation to the occupier of the premises of how to complain about how the power of entry has been exercised.

(9) In this section “an authorised officer” means a person authorised by a local authority for the purposes of this section, but regulations may set restrictions on the persons or categories of persons who may be authorised.

Duty to report adults at risk

128

(1) If a relevant partner of a local authority has reasonable cause to suspect that a person is an adult at risk and appears to be within the authority's area, it must inform the local authority of that fact.

(2) If the person that the relevant partner has reasonable cause to suspect is an adult at risk appears to be within the area of a local authority other than one of which it is a relevant partner, it must inform that other local authority.

(3) If a local authority has reasonable cause to suspect that a person within its area at any time is an adult at risk and is living or proposing to live in the area of another local authority (or a local authority in England), it must inform that other authority.

(4) For the purpose of this section a relevant partner of a local authority is a person who is a relevant partner of the authority for the purposes of section 162.

Abolition of local authority’s power to remove persons in need of care and attention

129

Section 47 of the National Assistance Act 1948 (which enables local authorities to apply for a court order to remove persons in need of care and attention from home to hospitals or other places) ceases to apply to persons in Wales.

Children at risk

Duty to report children at risk

130

(1) If a relevant partner of a local authority has reasonable cause to suspect that a child is a child at risk and appears to be within the authority's area, it must inform the local authority of that fact.

(2) If the child that the relevant partner has reasonable cause to suspect is a child at risk appears to be within the area of a local authority other than one of which it is a relevant partner, it must inform that other local authority.

(3) If a local authority has reasonable cause to suspect that a child within its area at any time is a child at risk and is living or proposing to live within the area of another local authority (or a local authority in England), it must inform that other authority.

(4) In this section, “a child at risk” is a child who—

(a) is experiencing or is at risk of abuse, neglect or other kinds of harm, and

(b) has needs for care and support (whether or not the authority is meeting any of those needs).

(5) For the purposes of this section a relevant partner of a local authority is—

(a) a person who is a relevant partner of the local authority for the purposes of section 162;

(b) a youth offending team for an area any part of which falls within the area of the authority.

(6) For provision about a local authority's duty to investigate children at risk, see section 47 of the Children Act 1989.

Guidance

Guidance about adults at risk and children at risk

131

(1) The following must, in exercising their functions under sections 126 to 128 and 130, have regard to any guidance given to them for the purpose by the Welsh Ministers—

(a) a local authority;

(b) a person who is an authorised officer for the purposes of section 127;

(c) a constable or other specified person accompanying an authorised officer in accordance with an adult protection and support order made under section 127;

(d) a person who is a relevant partner for the purposes of section 128 or 130.

(2) The Welsh Ministers must consult the Secretary of State before giving guidance under subsection (1).

National Independent Safeguarding Board

The National Independent Safeguarding Board

132

(1) There is to be a board called the National Independent Safeguarding Board (referred to in this Part as “the National Board”).

(2) The National Board's duties are—

(a) to provide support and advice to Safeguarding Boards with a view to ensuring that they are effective,

(b) to report on the adequacy and effectiveness of arrangements to safeguard children and adults in Wales, and

(3) The National Board—

(a) must make an annual report to the Welsh Ministers,

(b) must make such other reports to the Welsh Ministers as they require, and

Regulations about the National Board

133

(1) Regulations may make further provision about the National Board.

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

(a) the constitution and membership of the National Board (including provision about terms of appointment, disqualification, resignation, suspension or removal of members);

(b) the remuneration and allowances to be paid to members;

(d) the National Board to consult with those who may be affected by arrangements to safeguard adults and children in Wales;

(e) the form, content and timing of the National Board's reports;

(f) the publication of the National Board's reports.

(3) Regulations under this section may not provide for a Minister of the Crown to be a member of the National Board.

Safeguarding Children Boards and Safeguarding Adults Boards

134

(1) Regulations must set out those areas in Wales for which there are to be Safeguarding Boards (“Safeguarding Board areas”).

(2) Each of the following is a Safeguarding Board partner in relation to a Safeguarding Board area—

(a) the local authority for an area, any part of which falls within the Safeguarding Board area;

(b) the chief officer of police for a police area, any part of which falls within the Safeguarding Board area;

(d) an NHS Trust providing services in the Safeguarding Board area;

(e) the Secretary of State to the extent that the Secretary of State is discharging functions under sections 2 and 3 of the Offender Management Act 2007 in relation to Wales;

(f) any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a Safeguarding Board partner in relation to the Safeguarding Board area.

(3) After consulting the Safeguarding Board partners for an area, the Welsh Ministers must by regulations specify—

(a) a Safeguarding Board partner as the lead partner in relation to children for the area, and

(b) a Safeguarding Board partner as the lead partner in relation to adults for the area.

(4) The lead partner in relation to children must establish a Safeguarding Children Board for its Safeguarding Board area.

(5) The lead partner in relation to adults must establish a Safeguarding Adults Board for its Safeguarding Board area.

(6) A Safeguarding Board must include—

(a) a representative of each Safeguarding Board partner mentioned in subsection (2) in relation to the Safeguarding Board area, and

(b) a representative of any other person or body specified in regulations as a Safeguarding Board partner in relation to the Safeguarding Board area.

(7) Regulations under subsection (6)(b) may only specify a person or body as a Safeguarding Board partner if that person or body exercises functions under an enactment in relation to children in Wales or, as the case may be, adults in Wales.

(8) Regulations under subsection (6)(b) may not specify a Minister of the Crown, the governor of a prison or secure training centre (or, in the case of a contracted out prison or secure training centre, its director) or the principal of a secure college as a Safeguarding Board partner unless the Secretary of State consents.

(9) A Safeguarding Board may include representatives of such other persons or bodies, being persons or bodies mentioned in subsection (10), as the Board considers should be represented on it.

(10) Those persons or bodies are persons and bodies of any nature who or which exercise functions or are engaged in activities relating to children or adults (as the case may be) in the Safeguarding Board area in question.

(11) In this section—

(a) a reference to a prison includes a young offender institution;

(b) a reference to a contracted out secure training centre has the meaning given by section 15 of the Criminal Justice and Public Order Act 1994;

Functions and procedures of Safeguarding Boards

135

(1) The objectives of a Safeguarding Children Board are—

(a) to protect children within its area who are experiencing, or are at risk of, abuse, neglect or other kinds of harm, and

(b) to prevent children within its area from becoming at risk of abuse, neglect or other kinds of harm.

(2) The objectives of a Safeguarding Adults Board are—

(a) to protect adults within its area who—

(i) have needs for care and support (whether or not a local authority is meeting any of those needs), and

(ii) are experiencing, or are at risk of, abuse or neglect, and

(b) to prevent those adults within its area mentioned in paragraph (a)(i) from becoming at risk of abuse or neglect.

(3) A Safeguarding Board must seek to achieve its objectives by co-ordinating and ensuring the effectiveness of what is done by each person or body represented on the Board.

(4) Regulations must—

(a) provide for a Safeguarding Board to have functions relating to its objectives (including, for example, functions of review or investigation);

(b) make provision as to the procedures to be followed by a Safeguarding Board;

(c) specify when and how children or adults who are, or may be, affected by the exercise of a Safeguarding Board's functions must be given the opportunity to participate in the Board's work.

(5) A Safeguarding Board may cooperate with another one or more Safeguarding Boards.

(6) A Safeguarding Board may act jointly with another one or more Safeguarding Boards in relation to their combined areas and if they do so—

(a) references in this Part to a Safeguarding Board are to be read as references to the Boards acting jointly, and

(b) references in this Part to a Safeguarding Board area are to be read as references to the combined area.

(7) The Safeguarding Children Board and the Safeguarding Adults Board for an area may form a joint board for the area, and if they do so—

(a) the joint board is to have the objectives in both subsections (1) and (2), and

(b) references in this Part to a Safeguarding Board are to be read as references to the joint board.

Safeguarding Boards: annual plans and reports

136

(1) Before the beginning of each financial year a Safeguarding Board must publish a plan (its “annual plan”) setting out its proposals for achieving its objectives in that year.

(2) No later than 31 July of each year, a Safeguarding Board must publish a report on—

(a) how it has exercised its functions in the preceding financial year, and

(b) the extent to which it implemented the proposals in its annual plan for the preceding financial year.

(3) Regulations may make further provision about the making of plans and reports under this section (including provision about their form and content and how they are to be published).

(4) In this section “financial year” means the twelve months ending with 31 March.

Supply of information requested by Safeguarding Boards

137

(1) A Safeguarding Board may, for the purpose of enabling or assisting the Board to perform its functions, ask a qualifying person or body to supply specified information to which subsection (2) or (3) applies to—

(a) the Board, or

(b) a person or body specified by the Board.

(2) This subsection applies to information relating to—

(a) the qualifying person or body to whom or to which the request is made,

(b) a function or activity of that qualifying person or body, or

(c) a person in respect of whom a function is exercisable, or an activity is engaged in, by that qualifying person or body.

(3) This subsection applies to information which—

(a) has been supplied to the qualifying person or body in compliance with another request under this section, or

(b) is derived from information so supplied.

(4) The qualifying person or body to whom or to which a request is made under subsection (1) must comply with the request unless the person or body considers that doing so would—

(a) be incompatible with the duties of the person or body, or

(b) otherwise have an adverse effect on the exercise of the functions of the person or body.

(5) A qualifying person or body who decides not to comply with a request under subsection (1) must give the Safeguarding Board which made the request written reasons for the decision.

(6) Information supplied under this section may only be used by the Board or other person or body to whom or to which it is supplied for the purpose mentioned in subsection (1).

(7) In this section—

“qualifying person or body” (“person neu gorff cymhwysol”) means a person or body whose functions or activities are considered by the Board to be such that the person or body is likely to have information relevant to the exercise of a function of the Board;

“specified” (“penodedig” and “a bennir”) means specified in a request made under subsection (1).

Funding of Safeguarding Boards

138

(1) A Safeguarding Board partner may make payments towards expenditure incurred by, or for purposes connected with, the Safeguarding Board on which it is represented—

(a) by making the payments directly, or

(b) by contributing to a fund out of which the payments may be made.

(2) A Safeguarding Board partner may provide staff, goods, services, accommodation or other resources for purposes connected with the Safeguarding Board on which it is represented.

(3) Regulations may—

(a) require payments to be made by a Safeguarding Board partner towards expenditure incurred by, or for purposes connected with, the Safeguarding Board on which it is represented, and

(b) provide for how the amount of those payments is to be determined in respect of a specified period.

(4) The Welsh Ministers must consult the Secretary of State before making regulations under subsection (3) which require payments to be made by a Safeguarding Board partner mentioned in section 134(2)(b), (e) or (f).

Safeguarding Boards: supplementary

139

(1) A Safeguarding Board must cooperate with the National Board, and must supply the National Board with any information it requests.

(2) Regulations may make provision as to the functions of Safeguarding Board partners relating to the Safeguarding Boards on which they are represented.

(3) A Safeguarding Board partner must, in exercising its functions relating to a Safeguarding Board, have regard to any guidance given by the Welsh Ministers.

(4) Each Safeguarding Board partner must take all reasonable steps to ensure that the Safeguarding Board on which it is represented operates effectively.

Combined Safeguarding Boards

140

(1) The Welsh Ministers may by order provide that in each Safeguarding Board area, the Safeguarding Children Board and the Safeguarding Adults Board are to combine so as to form a single Safeguarding Board for the area (“a Safeguarding Children and Adult Board”).

(2) An order under this section may—

(a) amend any provision of this Part as a consequence of there being a single Safeguarding Children and Adult Board for each Safeguarding Board area, and

(b) make other consequential provision including amendments of any other enactment (whenever passed or made).

Procedure for orders under section 140

141

(1) Before making an order under section 140, the Welsh Ministers must consult—

(a) each Safeguarding Board partner for the Safeguarding Board area to which the proposed order relates,

(b) the Secretary of State, and

on the proposed draft order.

(2) The Welsh Ministers must—

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

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

(3) If, following that consultation, the Welsh Ministers wish to proceed with the making of an order under section 140, they must lay a draft order before the National Assembly for Wales.

(4) A draft order laid under subsection (3)—

(a) must be accompanied by a statement of the Welsh Ministers giving details of any differences between the draft order consulted on under subsection (1) and the draft order laid under subsection (3), 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 order is laid.

Interpretation of Part 7

142

In this Part—

“National Board” (“Bwrdd Cenedlaethol”) means the National Independent Safeguarding Board referred to in section 132;

“Safeguarding Board” (“Bwrdd Diogelu”) means a Safeguarding Children Board or a Safeguarding Adult Board established under section 134 (and references to a Safeguarding Board's area are to the Safeguarding Board area for which it is established);

“Safeguarding Board area” (“ardal Bwrdd Diogelu”) means an area set out in regulations under section 134(1);

“Safeguarding Board partner” (“partner Bwrdd Diogelu”) means a person or body mentioned in section 134(2) or in regulations made under section 134(6)(b) (and references to a Safeguarding Board partner's area are to the Safeguarding Board area in relation to which it is a Safeguarding Board partner).

Local authorities

143

(1) For the purposes of this Act, the social services functions of a local authority are its functions under the enactments mentioned in the first column of the table in Schedule 2 to this Act (being the functions which are described in general terms in the second column of that Schedule).

(2) The Welsh Ministers may by order—

(a) add entries to the table;

(b) remove entries from the table;

144

(1) A local authority must appoint an officer, to be known as the director of social services, for the purposes of its social services functions.

(2) A local authority may not appoint a person to be its director of social services unless it is satisfied that the person has demonstrated competencies specified by the Welsh Ministers.

(3) The Welsh Ministers must specify the competencies for the purpose of subsection (2) in a code issued under section 145 or in regulations.

(4) Two or more local authorities may, if they consider that the same person can efficiently discharge, for both or all of them, the functions of a director of social services, appoint one person as director of social services for both or all of those authorities.

(5) A local authority which has appointed, or jointly appointed, a person under this section must secure the provision of adequate staff for the purposes of its social services functions in order to assist the director.

Codes

Power to issue codes

145

(1) The Welsh Ministers may issue, and from time to time revise, one or more codes on the exercise of social services functions (“a code”).

(2) A code may impose requirements, and may include guidelines setting out aims, objectives and other matters.

(3) A local authority must, when exercising social services functions—

(a) act in accordance with any relevant requirements contained in a code (subject to section 147), and

(b) have regard to any relevant guidelines contained in it.

(4) A code may specify that section 147 does not apply to a requirement contained in the code.

(5) The Welsh Ministers must—

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

(b) make available to the public codes that have been replaced or revoked (whether on their website or otherwise).

Issue, approval and revocation of codes

146

(1) Before issuing or revising a code under section 145, 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.

Departure from requirements in codes

147

(1) Where this section applies to a requirement in a code (see section 145(4)), a local authority may exercise social services functions in a way that does not comply with the requirement so far as—

(a) the authority considers there is good reason for it not to comply with the requirement in particular categories of cases or at all,

(b) it decides on an alternative policy for the exercise of its functions in respect of the subject matter of the requirement, and

(2) Where paragraphs (a) to (c) of subsection (1) apply, the authority—

(a) must follow the course set out in the policy statement, and

(b) is subject to the duty to comply with the requirement in the code only so far as the subject matter of the requirement is not displaced by the policy statement.

(3) The duty to comply with a requirement in a code of practice or to follow the course set out in a policy statement does not apply to a local authority so far as it would be unreasonable for the authority to follow the code or policy statement in a particular case or category of case.

Policy statements: requirements and ancillary powers

148

(1) A policy statement issued under section 147(1) must set out—

(a) how the local authority proposes that social services functions should be exercised differently from the requirement in the relevant code, and

(b) the authority's reasons for proposing that different course.

(2) An authority that has issued a policy statement may—

(a) issue a revised policy statement;

(b) give notice revoking a policy statement.

(3) A policy statement (or revised statement) must state—

(a) that it is issued under section 147(1), and

(b) the date on which it is to take effect.

(4) An authority that issues a policy statement (or revised statement), or gives a notice under subsection (2)(b), must—

(a) arrange for the statement or notice to be published;

(b) send a copy of the statement or notice to the Welsh Ministers.

Directions to require compliance with codes of practice

149

(1) Subsection (2) applies if, in relation to a policy statement issued by a local authority, the Welsh Ministers consider that the authority's alternative policy for the exercise of functions (in whole or in part) is not likely to lead to the exercise of social services functions to an adequate standard.

(2) The Welsh Ministers may direct the local authority to take any action which the Welsh Ministers consider appropriate for the purpose of securing the exercise of functions by the authority in accordance with the relevant requirement in the relevant code.

Intervention by central government

Grounds for intervention

150

For the purposes of this Part, the grounds for intervention in the exercise by a local authority of its social services functions are as follows—

GROUND 1 - the local authority has failed, or is likely to fail, to comply with a duty that is a social services function;

GROUND 2 - the local authority has acted, or is proposing to act, unreasonably in the exercise of a social services function;

GROUND 3 - the local authority is failing, or is likely to fail, to perform a social services function to an adequate standard.

Warning notice

151

(1) The Welsh Ministers may give a warning notice to a local authority if they are satisfied that one or more of grounds 1 to 3 exist in relation to the local authority.

(2) The Welsh Ministers must specify each of the following in the warning notice—

(a) the grounds for intervention;

(b) the reasons why they are satisfied that the grounds exist;

(d) the period within which the action is to be taken by the local authority (“the compliance period”);

(e) the action they are minded to take if the local authority fails to take the required action.

(3) Where the Welsh Ministers give a warning notice under subsection (1), they must—

(a) within 21 days of the giving of the notice, lay a copy of the notice before the National Assembly for Wales, and

(b) within 90 days of the giving of the notice, report to the National Assembly for Wales on the action taken by the local authority in response to the warning notice.

Power of Welsh Ministers to intervene

152

(1) The Welsh Ministers have the power to intervene under this Part in the exercise of social services functions by a local authority if subsection (2) or (3) applies.

(2) This subsection applies if—

(a) the Welsh Ministers have given a warning notice, and

(b) the local authority has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period.

(3) This subsection applies if the Welsh Ministers are satisfied that one or more of grounds 1 to 3 exist in relation to the local authority and they have reason to believe that—

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