Commentary on Sections

Section 14 - Assessment of needs for care and support, support for carers and preventative services

18.Subsection (1) requires local authorities and LHBs to work together to assess the extent of the needs for care and support (including the needs of carers for support) in the local authority’s area and the extent to which those needs are not being met. They must also assess the range and level of services needed to meet the care and support needs that have been identified, and the range and level of services needed to prevent, delay or reduce needs for care and support and to achieve the other purposes set out in section 15. There is also a requirement to assess the actions required to provide this combined range and level of services through the medium of Welsh.

19.The requirement to carry out a local needs assessment under this section is separate from (and additional to) any requirement to assess the health and well-being needs of the local population which is imposed by regulations under section 40 of the National Health Service (Wales) Act 2006. Subsection (3) amends section 40 of the Act 2006 to require that this local needs assessment is taken into account when preparing or reviewing the relevant health and well-being strategy and to place an obligation on LHBs to take the lead role in submitting to Welsh Ministers those parts of health and well-being strategy that relate to carers.

20.Subsection (4) amends section 26 of the Children Act 2004 to require the local needs assessment be taken into account in the same way when preparing children and young people’s plans.