Social Work (Scotland) Act 1968

Part IS Administration

Performance of their duties by local authoritiesS

1 Local authorities for the administration of the Act.S

(1)It shall be the duty of a local authority to enforce and execute within their area the provisions of this Act with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.

(2)The local authorities for the purposes of this Act shall be [F1councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4)The functions of local health authorities in respect of their areas under the following enactments—

(a )F3 . . .

(b)the [F4Mental Health (Scotland) Act 1984] . . . F5; F6 . . .

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)On the date of the commencement of Part III of this Act the functions of education authorities in relation to the establishments which immediately before that date were approved schools and the children resident therein shall be transferred to the local authorities in whose areas the said children are ordinarily resident or, in the case of children who have no ordinary residence in Scotland, such local authorities as the Secretary of State may determine.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

[F93F9Chief social work officer.S

(1)For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer.

(2)The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.]

4 Provisions relating to performance of functions by local authorities.S

Where a function is assigned to a local authority under this Act [F10or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984,] and a voluntary organisation or other person, including another local authority, is able to assist in the performance of that function, the local authority may make arrangements with such an organisation or other person for the provision of such assistance as aforesaid.

Central AuthorityS

5 Powers of Secretary of State.S

(1)Local authorities shall perform their functions under this Act under the general guidance of the Secretary of State.

[F11(1A)Without prejudice to subsection (1) above, the Secretary of State may issue directions to local authorities, either individually or collectively, as to the manner in which they are to exercise any of their functions under this Act or any of the enactments mentioned in [F12subsection (1B) below]; and a local authority shall comply with any direction made under this subsection.]

[F13(1B)The enactments referred to in subsection (1A) above are—

(a)this Act as read with sections 1 and 2(1) of the M1Chronically Sick and Disabled Persons Act 1970 and the M2Disabled Persons (Services, Consultation and Representation) Act 1986;

(b)Part IV of the M3Children and Young Persons (Scotland) Act 1937;

(c)section 22(2) to (5A), (7) and (8), section 26(2) to (4) and sections 43, 45, 47 and 48 of the M4National Assistance Act 1948;

(d)the Disabled Persons (Employment) Act 1958;

(e)sections 10 to 12 of the M5Matrimonial Proceedings (Children) Act 1958, and sections 11 and 12 of the M6Guardianship Act 1973;

[F14(f)section 51 of the Criminal Procedure (Scotland) Act 1995;]

(g)the Children Act 1975;

(h)the Adoption Act 1976;

(i)the Adoption (Scotland) Act 1978;

(j)sections 21 to 23 of the M7Health and Social Services and Social Security Adjudications Act 1983;

(k)the Mental Health (Scotland) Act 1984;

(l)the Foster Children (Scotland) Act 1984;

(m)sections 38(b) and 235 of the M8Housing (Scotland) Act 1987;

(n)the Access to Personal Files Act 1987; and

(o)section 19 and Part X of the M9Children Act 1989.]

[F15(2)The Secretary of State may make regulations in relation to—

(a)the performance of the functions assigned to local authorities by this Act;

(b)the activities of voluntary organisations in so far as those activities are concerned with the like purposes;

[F16(c)the performance of the functions of local authorities under any of the enactments mentioned in paragraphs (b), (d), (e), (g), (h), (i), (l) and (o) of subsection (1B) above]

(d) . . ..]

(3)Without prejudice to the generality of the foregoing subsection, regulations under this section may make provision for the boarding-out of persons by local authorities and voluntary organisations, whether under any enactment or otherwise, and may provide—

(a)for the recording by local authorities and voluntary organisations of information relating to persons with whom persons are boarded out as aforesaid, and to persons who are willing to have persons boarded out with them;

(b)for securing that persons shall not be boarded out in any household unless that household is for the time being approved by such local authority or voluntary organisation as may be prescribed by the regulations;

(c)in the case of a child, for securing that, where possible, the person with whom any child is to be boarded out is either of the same religious persuasion as the child or gives an undertaking that the child shall be brought up in that religious persuasion;

(d)for securing that persons boarded out as aforesaid, and the places in which they are boarded out, shall be supervised and inspected by a local authority or voluntary organisation, as the case may be, and that those persons shall be removed from those places if their welfare appears to require it.

[F175A Local authority plans for community care services.S

(1)Within such period after the day appointed for the coming into force of this section as the Secretary of State may direct, and in accordance with the provisions of this section, each local authority shall prepare and publish a plan for the provision of community care services in their area.

(2)Each local authority shall from time to time review any plan prepared by them under subsection (1) above, and shall, in the light of any such review, prepare and publish–

(a)any modifications to the plan under review; or

(b)if the case requires, a new plan.

(3)In preparing any plan or carrying out any review under subsection (1) or, as the case may be, subsection (2) above the authority shall consult—

(a)any Health Board providing services under the National Health Service (Scotland) Act M101978 in the area of the authority;

F18(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)such voluntary organisations as appear to the authority to represent the interests of persons who use or are likely to use any community care services within the area of the authority or the interests of private carers who, within that area, provide care to persons for whom, in the exercise of their functions under this Act or any of the enactments mentioned in [F195(1B)] of this Act, the local authority have a power or a duty to provide, or to secure the provision of, a service;

(d)such voluntary housing agencies and other bodies as appear to the authority to provide housing or community care services in their area; and

(e)such other persons as the Secretary of State may direct.

(4)In this section–

• “community care services” means services, other than services for children, which a local authority are under a duty or have a power to provide, or to secure the provision of, under Part II of this Act or section 7 (functions of local authorities), 8 (provision of after-care services) or 11 (training and occupation of the mentally handicapped) of the Mental Health (Scotland) Act 1984; and

• “private carer” means a person who is not employed to provide the care in question by any body in the exercise of its functions under any enactment.]

5B Complaints procedure.S

(1)Subject to the provisions of this section, the Secretary of State may by order require local authorities to establish a procedure whereby a person, or anyone acting on his behalf, may make representations (including complaints) in relation to the authority’s discharge of, or failure to discharge, any of their functions under this Act, or any of the enactments [F20mentioned in section 5(1B)] of this Act, in respect of that person.

(2)For the purposes of subsection (1) of this section, “person” means any person for whom the local authority have a power or a duty to provide, or to secure the provision of, a service, and whose need or possible need for such a service has (by whatever means) come to the attention of the authority.

(3)An order under subsection (1) of this section may be commenced at different times in respect of such different classes of person as may be specified in the order.

(4)In relation to a child, representations may be made by virtue of subsection (1) above by the child, or on his behalf by—

(a)his parent;

(b)any person having parental [F21responsibilities and parental rights (within the meaning of section 1(3) and section 2(4) respectively of the Children (Scotland) Act 1995) in relation to] him;

(c)any local authority foster parent; or

(d)any other person appearing to the authority to have a sufficient interest in the child’s wellbeing to warrant his making representations on the child’s behalf.

(5)In this section–

(6)A local authority shall comply with any directions given by the Secretary of State as to the procedure to be adopted in considering representations made as mentioned in subsection (1) of this section and as to the taking of such action as may be necessary in consequence of such representations.

(7)Every local authority shall give such publicity to the procedure established under this section as they consider appropriate.

6 Supervision of establishments providing accommodation for persons and inspection of records etc.S

(1)Any [F23person duly authorised by] the Secretary of State may enter any of the following places for the purpose of making such examinations into the state and management of the place [F24the facilities and services provided therein], and the condition and treatment of the persons in it, as he thinks necessary and for the purpose of inspecting any records or registers [F25(in whatever form they are held) relating to the place or to any person for whom services have been or are provided there] by virtue of this Act [F26or section 7 (functions of local authorities) or 8 (provision of after-care services) of the Mental Health (Scotland) Act 1984], that is to say—

(a)any residential or other establishment provided by a local authority or a voluntary organisation or other person for the purposes of this Act [F27or section 7 or 8 of the said Act of 1984,];

(b)any place where there is being maintained—

(i)a foster child within the meaning of the [F28Foster Children (Scotland) Act 1984],

(ii)a protected child within the meaning of [F29section 32 of the M11Adoption (Scotland) Act 1978];

[F30(iii)a child who has been placed for adoption by an adoption agency (within the meaning of section 1 of the [F31M12Adoption Act 1978]);]

(c)any place where any person is for the time being boarded out by a local authority or a voluntary organisation;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

(2)Any such [F33person] as aforesaid may at all reasonable times enter the offices of a local authority or of a voluntary organisation for the purpose of inspecting any records or registers relating to any establishment or place mentioned in the foregoing subsection or relating to any persons to whom the authority or organisation has made available advice, guidance or assistance in pursuance of this Act [F34or section 7 or 8 of the said Act of 1984], or who may require such advice, guidance or assistance, and may carry out that inspection.

[F35(2A)Any such person may require the owner of, or any person employed in, the establishment or place in question to furnish him with such information as he may request.

(2B)In exercising the power to inspect records and registers under this section a person—

(a)shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or register in question; and

(b)may require–

(i)the person by whom or on whose behalf the computer is or has been so used; or

(ii)any person having charge of or otherwise concerned with the operation of the computer, apparatus or material,

to give him such reasonable assistance as he may require.

(2C)In exercising the power to inspect places under this section a person–

(a)may interview any person residing there in private–

(i)for the purpose of investigating any complaint as to that place or the services provided there; or

(ii)if he has reason to believe that the services being provided there for that person are not satisfactory; and

(b)may examine any such person in private.

(2D)No person may–

(a)exercise the power to inspect records or registers under subsection (1) and (2) above so as to inspect medical records; or

(b)exercise the power conferred by subsection (2C)(b) above,

unless he is a registered medical practitioner and, in the case of the power conferred by subsection (1) or (2) above, the records or register relate to medical treatment given at the place in question.]

(3)The power conferred by subsection (1) of this section may be exercised in respect of any place which an [F36authorised person] has reasonable cause to believe to be used as an establishment in respect of which the person carrying on the establishment is registrable under Part IV of this Act.

(4)[F37A person] who proposes to exercise any power of entry or inspection conferred by this section shall, if so required, produce a duly authenticated document showing his authority to exercise the power.

(5)Any person who obstructs the exercise of any such power as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F38level 4 on the standard scale].

[F396A Inquiries.S

(1)The Secretary of State may cause an inquiry to be held into the functions of a local authority under this Act or any of the enactments mentioned in [F40section 5(1B)] of this Act, except in so far as those functions relate to persons under the age of 18.

(2)The Secretary of State may, before an inquiry is commenced, direct that it shall be held in private, but where no such direction has been given the person holding the inquiry may if he thinks fit hold it or any part of it in private.

(3)Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act M131973 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.]

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42S

Research, training courses and financial and other assistanceS

8 Research.S

(1)The Secretary of State may conduct or assist other persons in conducting research into any matter connected with his functions or the functions of local authorities in relation to social welfare, and with the activities of voluntary organisations connected with those functions.

(2)Any local authority may conduct or assist other persons in conducting research into any matter connected with their functions in relation to social welfare.

(3)The Secretary of State and any local authority may make financial assistance available in connection with any research which they may conduct or which they may assist other persons in conducting under the provisions of this section.

9 Training courses and grants for training in social work.S

(1)The Secretary of State may provide courses of training for persons with a view to, or in the course of, their employment or the use of their services for the purposes of this Act.

(2)The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards any fees or expenses incurred by persons undergoing training for any of the purposes of this Act in circumstances such that it appears to the Secretary of State requisite that the grants should be made, and may defray or contribute towards the cost of maintenance of persons undergoing such training.

(3)The Secretary of State may make grants of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by any body of persons in providing training as aforesaid.

10 Financial and other assistance to voluntary organisations etc., for social work.S

(1)The Secretary of State may make grants and loans of such amounts, and subject to such conditions, as he may with the consent of the Treasury determine towards expenses incurred by voluntary organisations or other persons engaged in any activity connected

(a)his functions; [F43with—

(b)the functions of local authorities,

under this Act or under the [F44mentioned in paragraphs (b),(d),(e),(g),(h),(i), and (l) of section 5(1B) of this Act], in circumstances where it appears to the Secretary of State that such grants or loans should be made.]

(2)The conditions on which any grants are paid under the foregoing subsection may include conditions for securing the repayment in whole or in part of such grants.

(3)A local authority may make contributions by way of grant or loan to any voluntary organisation the sole or primary object of which is to promote social welfare.

[F45(3A)In subsection (3) above, “voluntary organisation the sole or primary object of which is to promote social welfare” includes an adoption society approved under Part I of the [F46M15Adoption (Scotland) Act 1978].]

(4)A local authority may also make available to such a voluntary organisation as aforesaid the use of premises belonging to the authority on such terms as may be agreed, and furniture, vehicles or equipment (whether by way of gift, loan or otherwise) and the services of any staff employed by the authority in connection with the premises or other things belonging to the local authority which the voluntary organisation is permitted to use.

(5)On the commencement of this Act, the power of the Secretary of State to give financial assistance and of local authorities to give financial and other assistance under [F47section] 65 of the M16Health Services and Public Health Act 1968 [F48and section 16B of the M17National Health Service (Scotland) Act 1978] shall cease in so far as any such assistance may be given under this section.

Acquisition of landS

11 Acquisition of land.S

(1)A local authority may be authorised by the Secretary of State to purchase compulsorily any land, whether situated in or outside their area for the purposes of any of their functions under this Act.

(2)The M18Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this section as if the last foregoing subsection had been in force immediately before the commencement of that Act.