Search Legislation

Social Services and Well-being (Wales) Act 2014

Status:

This is the original version (as it was originally enacted).

Children accommodated in certain establishments

120Assessment of children accommodated by health authorities and education authorities

(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, 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,

(c)a local authority in Scotland, or

(d)a Health and Social Care trust.

121Assessment of children accommodated in care homes or independent hospitals

(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,

(c)a local authority in Scotland, or

(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.

122Visitors for children notified to a local authority under section 120 or 121

(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), and

(b)has not been notified with respect to that child under section 120(2)(b) or section 121(2)(b).

(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;

(c)additional functions of a representative.

(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).

123Services for children notified to a local authority under section 120 or 121

(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.

(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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Welsh Parliament.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources