Social Services and Well-being (Wales) Act 2014

[^key-e2b51b05a71a6200bb0ec68e0b9782d5]: Words in s. 197(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 319(a)

[^key-e660ba9251d2fda97582d3363e33e9e0]: S. 82 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-e6eaa77556ad0d9d39fd5d937c83eb4c]: S. 45 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-e786dac7b9897731a6fb3d0bdcd23388]: S. 73 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-e7acc2f0658e63bd72504ae2c1edebdc]: S. 196(6)(ca) inserted (22.6.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 24(4); S.I. 2021/373, art. 7A (as amended by S.I. 2021/735, art. 2(4))

[^key-e904255b95165e70ca81510bb62c1ff5]: S. 122 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-e9635e48a7aaf79ca5dd7f4f0a1cdfab]: S. 191 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-ebf3fe97243447b5ec19bc4b3daba80d]: Words in s. 164(4)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 311

[^key-ec979e6355661a165a11c55737bedbea]: Words in s. 197(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 31(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-ed66e31093116625168fe8d38d92279b]: Words in s. 122(1)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 306(b)

[^key-ee337cd748157004f35306638379aa38]: S. 171 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-eea674b6261023462057e7218cdc637c]: S. 148 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-eece04569b9c9a7039cd6e8aee20987a]: S. 145 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-ef2ecd97ef3e24904b0c614c55e8693d]: S. 61 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-ef50567f45767cfbe17d7debc9c09742]: Words in s. 188(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 304(1) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-efb40a2d11353ec93be51494bdec20f9]: S. 164 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-f228c43e8feaf7bbc790e5e2d81920b5]: S. 1(9)(ba) inserted (23.2.2021) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 30(a)(i); S.I. 2021/181, reg. 2(c)

[^key-f49ac6d523a9018ed380b76010d8cae3]: Words in s. 191(7) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 35(b); S.I. 2017/1326, art. 2(3)(h), Sch. (with arts. 6, 8)

[^key-f687f409eab675476124c8af443e8d37]: Words in Sch. 2 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 324(d)

[^key-f69de6b4020b96a510f4a93d0bc584a1]: S. 14A inserted (6.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 34; S.I. 2016/86, art. 4

[^key-f6cdba2f373231fa3b272d5c9dcf5009]: S. 158 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-f70332ac1c23058bd27417bd904f5231]: Sch. 3 para. 22 in force at 1.11.2014 by S.I. 2014/2718, art. 2(b)

[^key-f71005886a514a06eca6b216d0b246ee]: Words in Sch. 2 substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 324(b)

[^key-f79012121a3a72c9f1db215d0a4969b2]: S. 186 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-fb3fe26d73a0ebc92a22440072bc6b01]: S. 147 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-fbfdcd4ad0eb9ff44d1ea6cbb42f9590]: S. 1(9)(ca) inserted (23.2.2021) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 30(a)(ii); S.I. 2021/181, reg. 2(c)

[^key-fd53f52d55edd1833273868d4b9d2adc]: Words in s. 3(3) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 24(2); S.I. 2021/373, art. 8(j)(xl) (as amended by S.I. 2021/735, art. 2(5)(b))

[^key-fdbfa8a6db80ab6045b4f2eb379a857c]: S. 144 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-fde81aec192f8c9b047e39fb8574c3cc]: S. 128 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

[^key-fe5816ec3a65bc41e6a67a8a6a21b8d6]: Words in s. 48(a) substituted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 22(2); S.I. 2015/1272, art. 2, Sch. para. 53; S.I. 2015/1272, art. 2, Sch. para. 53

[^key-fe77fe91697674ece31cec4b64df00eb]: Sch. 3 para. 33 in force at 1.11.2014 by S.I. 2014/2718, art. 2(b)

[^key-ff6720c2e55c9e59783ccf8ee72d2999]: S. 195A inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 318

[^key-ff82687e9cdebc2971f14c77f5192bdc]: Ss. 149A-149D and cross-heading inserted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 57(1), 188(1); S.I. 2019/864, art. 2(3)(c)

[^M_C_248402b7-adfa-4bde-fe33-92aefb3688c6]: S. 56 modified (1.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 12 para. 33 (with Sch. 12 para. 34); S.I. 2020/366, reg. 3

[^M_C_d0171498-e1de-4f88-9391-b361aff7154a]: Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 199(4))

[^M_F_373bbccc-1662-45d7-aaf3-5ca1cea54a8e]: Word in s. 86 and its heading omitted (2.4.2018) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 52

[^M_F_b5bd61eb-b2e3-4781-b1c8-b07b6d3dbd18]: Words in s. 197(1) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 29

[^M_F_f21c6457-e876-4cf7-ecc6-7021bfd947ce]: Words in s. 197(1) (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 36(a); S.I. 2017/1326, reg. 2(3)(h), Sch. (with art. 6)

[^M_F_f501f57c-fc38-43c5-b42a-34e55f9a0e3d]: Words in s. 197(1) (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 36(b); S.I. 2017/1326, reg. 2(3)(h), Sch. (with art. 6)

[^key-9bc078a506c38bdde40695cf6b6012e6]: Words in s. 47(1) renumbered as s. 47(1)(a) (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 26(2)(a), 29(1)(b)

[^key-94f5f87f35240c7e7413f5d4608614d6]: S. 47(1)(b) and word inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 26(2)(b), 29(1)(b)

[^key-da35c8b3919c31902d63a662509991e0]: Words in s. 47(2) renumbered as s. 47(2)(a) (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 26(3)(a), 29(1)(b)

[^key-789ef53e041dad2d8b57b0aff756b560]: S. 47(2)(b) and word inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 26(3)(b), 29(1)(b)

[^key-004c867aa6454dc576cd1edc7d73e8a0]: S. 76(6)(a) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 21(2), 29(1)(a)(i)

[^key-2cb404cebbf91a936731c12885efaa1c]: Words in s. 81(3)(c) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 21(3), 29(1)(a)(i)

[^key-6ed9a942cc566c3e22667c87fab805e0]: Words in Sch. 1 para. 1(1) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 49(5), 100(3); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

[^key-a6ef61df0e341110b3408621b3340b93]: Words in s. 182(1)(d) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 24(3); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

[^key-b37a9544aab676fccd34e5478444b176]: Word in s. 91(1) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 17(2)(a)(i)

[^key-ff779a29fc34cf60a75c91e447003bc0]: Words in s. 91(1) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 17(2)(a)(ii)

[^key-4c2f80bc594269673b1550478233efa0]: S. 91(1A) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 17(2)(b)

[^key-e9e86f90a556e4603dc2339f171cb418]: S. 91(2) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 17(2)(c)

[^key-8ee4b752562677d59eed73f7bcc282d0]: Sch. 2 entry omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 24(6)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

[^key-1da59044a6d77ff14c3d6c565e005004]: Words in Sch. 2 Table 1 substituted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 44

[^key-bf9e2479296179b11ff940fa69bada31]: S. 49A inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 20(2)(a), 29(2); S.I. 2025/1257, art. 3(1)(d)(ii)

[^key-d5f59d7ddd9c4dedb6fd895f9bad75c6]: Ss. 75A-75C inserted (1.1.2026 for specified purposes) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 11, 29(2); S.I. 2025/1257, art. 2(1)(e)

[^key-73fd24ff6cfbc21743e9a65352447fd9]: S. 53(11) omitted (1.1.2026) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 5(3)(d); S.I. 2025/1257, art. 3(1)(e)

[^key-747da842e445e0e492db1a4e278b409e]: S. 53A inserted (1.1.2026 for specified purposes, 1.4.2026 in so far as not already in force) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 20(2)(c), 29(2); S.I. 2025/1257, art. 3(1)(d)(iii)(2)(e)

[^key-2352d4d43e20fa0141c7fd0a9df29edc]: Sch. A1 substituted (1.1.2026 for specified purposes, 1.4.2026 in so far as not already in force) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 20(2)(d), 29(2); S.I. 2025/1257, art. 3(1)(d)(iii)(2)(e)

[^key-6a07fb0f29ac4594c6936a5816b36514]: Ss. 50-52 substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 20(2)(b), 29(2); S.I. 2025/1257, art. 3(2)(e)

[^key-ce3319b2556ca924e4e1c2940ae126ee]: S. 75D inserted (1.4.2026 for specified purposes) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 12, 29(2); S.I. 2025/1257, art. 2(2)(b)

[^key-a8cd1d0c0657c493ccfde16924cd7036]: Words in s. 49(1)(a) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 5(2); S.I. 2025/1257, art. 3(2)(f)

[^key-b5e93031616cfb4b9b682e5561d314d7]: Word in s. 53 substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 5(3)(a); S.I. 2025/1257, art. 3(2)(f)

[^key-d8b8d2dfa06eb90c89a8647691f9949d]: Word in s. 53(1)(k) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 5(3)(b); S.I. 2025/1257, art. 3(2)(f)

[^key-4a737d10ff6bc878886cd3d2a6629b8e]: Word in s. 53(7) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 5(3)(c); S.I. 2025/1257, art. 3(2)(f)

[^key-6b2977363dbb277e0db82286310ce693]: Words in s. 75(1) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(3)(a), 29(2); S.I. 2025/1257, art. 2(2)(a)

[^key-2ecf7d4fd1555964e1664571c4ef53e4]: S. 75(1)(aa)(ab) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(3)(c), 29(2); S.I. 2025/1257, art. 2(2)(a)

[^key-2099f64d36ad6c67e5670ce6a53f8390]: Words in s. 75(1)(a) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(3)(b)(i), 29(2); S.I. 2025/1257, art. 2(2)(a)

[^key-81e30af4abf306b59849d7a726e0086a]: Word in s. 75(1)(a) omitted (1.4.2026) by virtue of Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(3)(b)(ii), 29(2); S.I. 2025/1257, art. 2(2)(a)

[^key-f241d5f8d2080f8d2ad6d268ede877ba]: Words in s. 75(2)(c) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(4), 29(2); S.I. 2025/1257, art. 2(2)(a)

[^key-b6170dc3436675ea54d4079dd52584a3]: Words in s. 75(3) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(5), 29(2); S.I. 2025/1257, art. 2(2)(a)

[^key-dc4207e189a1e64bcd884131039e8a08]: Words in s. 75(4) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(6), 29(2); S.I. 2025/1257, art. 2(2)(a)

[^key-0013bb8448e9c83d2e173d14a7c027f2]: S. 162(4)(ga) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 30(2)(b) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xliii)

[^key-f89eadfea64d7f385b5b6831faee743f]: Words in s. 162(4)(g) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 30(2)(a) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xliii)

[^key-36eb4272deb21553e9f5f2daf9a756ec]: Words in s. 187(2) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 5(5); S.I. 2025/1257, art. 3(2)(f)

[^key-12a668389d7496822fa1e66724b903fe]: Words in s. 189(5)(a)(ii) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 5(6)(a); S.I. 2025/1257, art. 3(2)(f)

[^key-079bcd9d3a36a48c97d69879894fa13d]: Words in s. 189(7)(b) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 5(6)(b); S.I. 2025/1257, art. 3(2)(f)

[^key-7203bfbd98b8eba9cd8ef974cf2a1944]: Words in s. 197(1) inserted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), ss. 10(7), 29(2); S.I. 2025/1257, art. 2(2)(a)

Regulations about looked after children

Rules of court

Privacy for children involved in proceedings under this Part

Adults at risk

Duty to co-operate and provide information in the exercise of social services functions

164A

• (1) If a local authority requests the co-operation of a person mentioned in subsection (4) in the exercise of its functions mentioned in subsection (5), the person must comply with the request unless the person considers that doing so would—

• (a) be incompatible with the person’s own duties, or

• (b) otherwise have an adverse effect on the exercise of the person’s functions.

• (2) If a local authority requests that a person mentioned in subsection (4) provides it with information it requires for the purpose of the exercise of any of its functions mentioned in subsection (5), the person must comply with the request unless the person considers that doing so would—

• (a) be incompatible with the person’s own duties, or

• (b) otherwise have an adverse effect on the exercise of the person’s functions.

• (3) A person who decides not to comply with a request under subsection (1) or (2) must give the local authority which made the request written reasons for the decision.

• (4) The persons are—

• (a) a local authority in England;

• (b) a local housing authority in England;

• (c) NHS England;

• (d) any integrated care board, Special Health Authority, NHS Foundation Trust, or NHS trust in England established under section 25 of the National Health Service Act 2006;

• (e) any other persons—

• (i) as regulations may specify, or

• (ii) of a description as regulations may specify.

• (5) The functions are—

• (a) the local authority’s functions under section 14F of the Children Act 1989 (special guardianship support services);

• (b) any of the local authority’s functions in relation to safeguarding and promoting the well-being of children and young persons, in particular those with needs for care and support, and their families and others;

• (c) any of the local authority’s functions in relation to looked-after and accommodated children;

• (d) any of the local authority’s functions in relation to young persons entitled to support under sections 105 to 115.

• (6) Regulations under subsection (4)(e) may not specify the following persons without consent of the Secretary of State—

• (a) a Minister of the Crown, or

• (b) the governor of a prison or secure training centre (or in the case of a contracted out prison or secure training centre, its director).

• (7) In this section “local housing authority” (“ awdurdod tai lleol ”) means a local housing authority within the meaning of the Housing Act 1985.

Promoting integration of care and support with health services etc

Provision of advocacy services

Recovery of costs between local authorities

195A

• (1) Where a body corporate is guilty of an offence under this Act, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

• (a) any director, manager, secretary or other similar officer of the body corporate; or

• (b) any person purporting to act in any such capacity,

that person is guilty of the offence as well as the body corporate, and is liable to be proceeded against and punished accordingly.

• (2) For the purposes of this section “director” (“ cyfarwyddwr ”) in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

• (3) Proceedings for an offence alleged to have been committed under this Act by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.

• (4) Any fine imposed on an unincorporated body on its conviction of an offence under this Act is to be paid out of the funds of that body.

• (5) If an unincorporated body is charged with an offence under this Act, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) have effect as if a corporation had been charged.

• (6) Where an offence under this Act committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, any officer of the body or any member of its governing body, that person as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.

• (7) Where an offence under this Act committed by a partnership or a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

Orders and regulations

Power to make consequential and transitional provision etc

SCHEDULE A1

General

1

Regulations may require or allow a local authority to make payments in respect of a person to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging for the provision of after-care services for the person under that section.

Modifications to section 50

2

But regulations under paragraph 1 may not require or allow such payments to be made unless—

• (a) where the payment is made in respect of an adult, condition 1, 2 or 3 in paragraph 4 is met;

• (b) where the payment is made in respect of a child, condition 1 or 2 in paragraph 5 is met.

3

A payment under this Schedule is referred to in this Act as a “direct payment”.

4

• (1) The conditions referred to in paragraph 2(a) in relation to making direct payments in respect of an adult (“A”) to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging the provision of after-care services for A under that section are as follows.

• (2) Condition 1 is that—

• (a) the payments are to be made to A,

• (b) the local authority believes that A has capacity to consent to the making of the payments,

• (c) the local authority is satisfied that—

• (i) making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983, and

• (ii) A is capable of managing the payments (either by themselves or with the support that is available to them), and

• (d) A has consented to the making of the payments.

• (3) Condition 2 is that—

• (a) the payments are to be made to a person other than A (“B”),

• (b) the local authority believes that A does not have capacity to consent to the making of the payments,

• (c) B is a suitable person,

• (d) the local authority is satisfied that—

• (i) making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983,

• (ii) B is capable of managing the payments (either by themselves or with the support that is available to them), and

• (iii) B will act in A’s best interests in managing the payments, and

• (e) the necessary consent has been obtained to make the payment to B.

• (4) Condition 3 is that—

• (a) the payments are to be made to a person who is nominated by A (“N”),

• (b) the local authority believes that A has capacity to consent to the making of the payments,

• (c) the local authority is satisfied that—

• (i) making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983, and

• (ii) N is capable of managing the payments (either by themselves or with the support that is available to them),

• (d) A has consented to the making of the payments, and

• (e) N has consented to receive the payments.

• (5) For the purposes of sub-paragraph (3)(c), B is a “suitable person”—

• (a) if B is authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about the provision to A of after-care services under section 117 of the Mental Health Act 1983,

• (b) where B is not authorised as mentioned in paragraph (a), if a person who is so authorised agrees with the local authority that B is suitable to receive the payments, or

• (c) where B is not authorised as mentioned in paragraph (a) and there is no person who is so authorised, if the local authority considers that B is suitable to receive payments of that kind.

• (6) For the purposes of sub-paragraph (3)(e), the “necessary consent” means—

• (a) the consent of B, and

• (b) where B is a suitable person by virtue of sub-paragraph (5)(b), the consent of a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about the provision to A of after-care services under section 117 of the Mental Health Act 1983.

5

• (1) The conditions referred to in paragraph 2(b) in relation to making direct payments in respect of a child (“C”) to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging the provision of after-care services for C under that section are as follows.

• (2) Condition 1 is that—

• (a) the payments are to be made to a person (“P”) who is—

• (i) C, or

• (ii) a person with parental responsibility for C,

• (b) where P is—

• (i) an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of the payments;

• (ii) a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to receive the payments,

• (c) the local authority is satisfied that—

• (i) making the payments is an appropriate way of discharging its duty towards C under section 117 of the Mental Health Act 1983,

• (ii) C’s well-being will be safeguarded and promoted by the making of the payments, and

• (iii) P is capable of managing the payments (either by themselves or with the support that is available to them), and

• (d) P has consented to the making of the payments.

• (3) Condition 2 is that—

• (a) the payments are to be made to a person who is nominated by P (“N”),

• (b) where P is—

• (i) an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of payments;

• (ii) a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to the making of payments,

• (c) the local authority is satisfied that—

• (i) making the payments is an appropriate way of discharging its duty towards C under section 117 of the Mental Health Act 1983,

• (ii) the well-being of C will be safeguarded and promoted by the making of the payments,

• (iii) N will act in C’s best interests in managing the payments, and

• (iv) N is capable of managing the payments (either by themselves or with the support that is available to them),

• (d) P has consented to the making of the payments, and

• (e) N has consented to receive the payments.

6

Regulations under this Schedule may also make provision (in particular) about the following—

• (a) matters to which a local authority may or must have regard when making a decision of a specified type about direct payments;

• (b) conditions that a local authority may or must attach, and conditions that it must not attach, in relation to direct payments;

• (c) steps that a local authority may or must take before, or after, making a decision of a specified type about direct payments;

• (d) support that a local authority must provide or arrange for persons to whom it makes direct payments;

• (e) cases or circumstances in which a local authority may act as an agent on behalf of a person to whom direct payments are made;

• (f) conditions subject to which, and the extent to which, a local authority’s duty under section 117 of the Mental Health Act 1983 (after-care) is discharged by the making of direct payments;

• (g) cases or circumstances in which a local authority must not, or is allowed not to, make payments to a person or in relation to a person;

• (h) cases or circumstances in which a person who no longer lacks, or who the local authority believes no longer lacks, capacity to consent to the making of direct payments must or may nonetheless be treated for the purposes of paragraphs 4 and 5 as lacking capacity to do so;

• (i) cases or circumstances in which a local authority making direct payments may or must review the making of those payments;

• (j) cases or circumstances in which a local authority making direct payments may or must—

• (i) terminate the making of those payments;

• (ii) require the repayment of the whole or part of a direct payment;

• (k) the recovery of any amount due to a local authority in connection with the making of direct payments.

Modifications to section 51

7

Regulations under this Schedule must specify that direct payments to meet the cost of providing or arranging for the provision of after-care services under section 117 of the Mental Health Act 1983 (after-care) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of those services to meet those needs.

8

A person to whom a local authority makes a direct payment may, subject to regulations made under this Schedule, use the payment to purchase after-care services from any person (including, among others, the authority that made the payment).

9

In subsection (5)(a) of that section, for “meeting the child's needs” substitute “ discharging its duty towards the child under section 117 of the Mental Health Act 1983 ” .

Modifications to section 53

10

In subsection (1) of section 53—

• (a) in the opening words, for “50, 51 or 52” substitute “ 50 or 51 ” ,

• (b) omit paragraphs (a), (b) and (c),

• (c) in paragraph (i), for “a local authority's duty or power to meet a person's needs for care and support or a carer's needs for support is displaced” substitute “ a local authority's duty under section 117 of the Mental Health Act 1983 (after-care) is discharged ” , and

• (d) in paragraph (k), for “50 to 52” substitute “ 50 and 51 ” .

11

Omit subsections (2) to (8) of that section.

12

After subsection (8) of that section insert—

(8A) Regulations under sections 50 and 51 must specify that direct payments to meet the cost of providing or arranging for the provision of after-care services under section 117 of the Mental Health Act 1983 (after-care) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of those services to meet those needs.

13

In subsection (9) of that section—

• (a) for “, 51 or 52” substitute “ or 51 ” , and

• (b) for “care and support (or, in the case of a carer, support)” substitute “ after-care services ” .

14

In subsection (10) of that section, for “care and support (or, in the case of a carer, support) to meet needs” substitute “ after-care services ”.

144A

• (1) As soon as is reasonably practicable after the end of a financial year, a local authority must prepare and publish an annual report about the exercise of the social services functions of the authority in respect of that year.

• (2) The annual report must include—

• (a) details of how the authority has exercised its social services functions during the financial year, including details of the extent to which the authority has—

• (i) acted in accordance with requirements imposed on local authorities by a code issued under section 9 (codes to help achieve outcomes in relation to well-being),

• (ii) acted in accordance with any relevant requirements contained in a code issued under section 145 (codes about the exercise of social services functions), and

• (iii) had regard to any relevant guidelines in a code issued under section 145, and

• (b) such other information as may be prescribed by regulations.

• (3) The details provided under subsection (2)(a)(ii) must state how the authority has satisfied any requirements contained in a code relating to assessing the needs of an individual in accordance with Part 3 and meeting needs under Part 4.

• (4) An annual report must be in such form as may be prescribed by regulations.

• (5) A local authority must send a copy of a published annual report to the Welsh Ministers.

• (6) In this section, “financial year” means the period of one year beginning on 1 April and ending on 31 March.

144B

• (1) A local authority must prepare and publish a local market stability report at such times as may be prescribed by regulations.

• (2) A local market stability report must include—

• (a) an assessment of—

• (i) the sufficiency of provision of care and support in the local authority area during such period as may be prescribed by regulations;

• (ii) the extent to which regulated services were provided in the local authority area during that prescribed period by service providers to whom section 61 of the Regulation and Inspection of Social Care (Wales) Act 2016 (assessment by the Welsh Ministers of financial sustainability of service provider) applies;

• (iii) any other matter relating to the provision of regulated services in the local authority area as may be prescribed by regulations;

• (iv) the effect on the exercise of the local authority's social services functions of the commissioning by the authority of any services in connection with those functions during such period as may be prescribed by regulations;

• (b) a report of any action taken by the local authority during the period prescribed under paragraph (a)(i) in pursuance of its duty under section 189(2) (temporary duty to meet needs in the case of a provider failure).

• (3) A local market stability report must be in such form as may be prescribed by regulations.

• (4) In preparing a local market stability report, a local authority must—

• (a) take account of—

• (i) the assessment it has most recently published under section 14 (needs assessments), and

• (ii) the plan it has most recently published under section 14A following the assessment, and

• (b) consult with each Local Health Board with which it carried out the assessment.

• (5) A local authority must send a copy of a published local market stability report to the Welsh Ministers.

• (6) Before making regulations under subsection (2)(a)(iii) the Welsh Ministers must consult any persons they think appropriate.

• (7) But the requirement to consult does not apply to regulations which—

• (a) amend other regulations made under that subsection, and

• (b) do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

• (8) In this section—

• (a) “service provider” has the meaning given by section 3(1)(c) of the Regulation and Inspection of Social Care (Wales) Act 2016;

• (b) “regulated service” has the meaning given by section 2(1) of that Act.

General duty of the Welsh Ministers

144C

In exercising functions under this Part the Welsh Ministers must seek to promote and maintain high standards in the provision of local authority social services functions.

Regulations about looked after children

Regulation of local authority functions relating to looked after and accommodated children

94A

• (1) Regulations may make provision about the exercise by local authorities of functions conferred on them by—

• (a) section 81 (ways in which looked after children are to be accommodated and maintained), or

• (b) regulations made under section 87 (regulations about looked after children) making provision such as is mentioned in section 92(1), 93 or 94.

• (2) Regulations under subsection (1) may, for example, include provision⁠—

• (a) as to the persons who are fit to work for local authorities in connection with the exercise of those functions,

• (b) as to the fitness of premises to be used by local authorities in exercising those functions,

• (c) as to the management and control of the exercise of those functions,

• (d) as to the number of persons, or persons of a particular type, working for local authorities in connection with the exercise of those functions,

• (e) as to the management and training of such persons, and

• (f) as to the fees or expenses which may be paid to persons assisting local authorities in making decisions in the exercise of those functions.

• (3) Regulations under subsection (2)(a) may, in particular, make provision specifying that a person is not fit to work for a local authority in such position as may be specified if the person is not registered in, or in a particular part of, the register kept under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (registration of social care workers).

94B

• (1) Regulations may provide that it is an offence for a person to contravene or fail to comply with a specified provision of regulations made under section 94A.

• (2) A person guilty of an offence under regulations made under subsection (1) is liable—

• (a) on summary conviction, to a fine, or to imprisonment for a term not exceeding 6 months, or to both;

• (b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both.

• (3) Sections 53 (offences by bodies corporate), 54 (offences by unincorporated bodies) and 55 (proceedings for offences) of the Regulation and Inspection of Social Care (Wales) Act 2016 apply to an offence under regulations made under subsection (1) as they apply to offences under Part 1 of that Act.

Rules of court

Privacy for children involved in proceedings under this Part

Adults at risk

Duty to co-operate and provide information in the exercise of social services functions

Promoting integration of care and support with health services etc

Promoting integration of care and support with health services etc

Provision of advocacy services

Orders and regulations

Power to make consequential and transitional provision etc

Reviews

149A

• (1) The Welsh Ministers may review—

• (a) studies and research undertaken by others in relation to the exercise of the social services functions of local authorities in Wales,

• (b) the methods used in such studies and research, and

• (c) the validity of conclusions drawn from such studies and research.

• (2) The Welsh Ministers must—

• (a) prepare and publish a report of a review conducted under subsection (1), and

• (b) lay a copy of the report before the National Assembly for Wales.

149B

• (1) The Welsh Ministers may review the way in which the social services functions of local authorities are exercised.

• (2) In particular, the Welsh Ministers may—

• (a) review the overall exercise of local authority social services functions in Wales;

• (b) review the way in which the social services functions of a particular local authority are exercised;

• (c) review the exercise of a local authority social services function of a particular description (whether exercised by a single local authority or by two or more authorities working together);

• (d) review the exercise of a local authority social services function by a particular person or persons.

• (3) A reference in subsection (2) to the exercise by a local authority of local authority social services functions includes a reference to the commissioning of any services in connection with those functions.

• (4) The Welsh Ministers must—

• (a) prepare and publish a report of a review conducted under subsection (1), and

• (b) lay a copy of the report before the National Assembly for Wales.

• (5) Regulations may make provision about ratings that may be given in relation to the exercise of a specified local authority social services function.

• (6) If regulations are made under subsection (5) in relation to the exercise of a local authority social services function, the Welsh Ministers must⁠—

• (a) in conducting a review of the exercise of that function give a rating in accordance with the regulations, and

• (b) include the rating in their report of the review.

• (7) Before making regulations under subsection (5) the Welsh Ministers must consult any persons they think appropriate.

• (8) But the requirement to consult does not apply to regulations which—

• (a) amend other regulations made under that subsection, and

• (b) do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.

149C

• (1) Regulations may make provision for a local authority to pay a fee in respect of a review under section 149B(1).

• (2) Regulations under subsection (1) may include provision—

• (a) specifying the amount of any fee or permitting the Welsh Ministers to determine the amount of any fee (subject to any limits or other factors as may be specified in the regulations);

• (b) specifying the time by which a fee is to be payable or specifying factors by which that time is to be determined by the Welsh Ministers.

149D

When conducting a review under section 149A or 149B, the Welsh Ministers must, in relation to the local authority social services functions under review, have regard to—

• (a) the availability and accessibility of the services;

• (b) the quality and effectiveness of the services;

• (c) the management of the services;

• (d) the economy and efficiency of their provision and their value for money;

• (e) the availability and quality of information provided to people in the local authority area about the services;

• (f) the duties imposed on local authorities by sections 5 (duty to promote well-being), 6 (other overarching duties) and 7 (duties relating to UN Principles and Convention) in so far as they are relevant to the services and the effectiveness of measures taken by a local authority to fulfil those duties;

• (g) the effectiveness of measures taken by a local authority to achieve the outcomes specified in a statement issued by the Welsh Ministers under section 8 (statement of outcomes relating to well-being) in so far as they are relevant to the services;

• (h) any performance measures and performance targets set out in a code issued under section 9 that they think are relevant;

• (i) any requirements or guidelines contained in a code issued under section 145 that they think are relevant;

• (j) the extent to which a local authority has involved people in the local authority area—

• (i) in decisions about the way in which its social services functions are exercised, and

• (ii) in reviewing the exercise of those functions.

Enforcement

161A

• (1) The Welsh Ministers must prepare and publish a code of practice about the manner in which inspections of premises under section 161 are to be carried out (including about the frequency of such inspections).