Social Services and Well-being (Wales) Act 2014

15Preventative services

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

(2)The purposes are—

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

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

(c)promoting the upbringing of children by their families, where that is consistent with the well-being of children;

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

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

(f)reducing the need for—

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

(ii)criminal proceedings against children,

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

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

(g)encouraging children not to commit criminal offences;

(h)avoiding the need for children to be placed in secure accommodation;

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

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

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

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

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

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

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

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

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

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

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

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

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