Social Work (Scotland) Act 1968

Part IIS Promotion of Social Welfare by Local Authorities

GeneralS

12 General social welfare services of local authorities.S

(1)It shall be the duty of every local authority to promote social welfare by making available advice, guidance and assistance on such a scale as may be appropriate for their area, and in that behalf to make arrangements and to provide or secure the provision of such facilities (including the provision or arranging for the provision of residential and other establishments) as they may consider suitable and adequate, and such assistance may [F1, subject to subsections (3) to (5) of this section, be given in kind or in cash to, or in respect of, any relevant person..

(2)A person is a relevant person for the purposes of this section if, not being less than eighteen years of age, he is] in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash, where the giving of assistance in either form would avoid the local authority being caused greater expense in the giving of assistance in another form, or where probable aggravation of the person’s need would cause greater expense to the local authority on a later occasion.

[F2(2A)A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies is not to receive assistance under subsection (1) of this section (whether by way of residential accommodation or otherwise) if his need for assistance has arisen solely—

(a)because he is destitute; or

(b)because of the physical effects, or anticipated physical effects, of his being destitute.

F2(2B)Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

(3)Before giving assistance to, or in respect of, a person in cash under subsection (1) of this section a local authority shall have regard to his eligibility for receiving assistance from any other statutory body and, if he is so eligible, to the availability to him of that assistance in his time of need.

[F3(3A)In determining for the purposes of this section whether to provide assistance by way of residential accommodation to a person, a local authority shall disregard so much of the person’s capital as does not exceed the capital limit for the purposes of section 22 of the M1National Assistance Act 1948.

(3B)For the purposes of subsection (3A) of this section—

(a)a person’s capital shall be calculated in accordance with assessment regulations in the same way as if he were a person for whom accommodation is proposed to be provided under this Act and whose ability to pay falls to be assessed for the purposes of section 22(3) of the National Assistance Act 1948; and

(b)“the capital limit for the purposes of section 22 of the National Assistance Act 1948” means the amount for the time being prescribed in assessment regulations as the amount which a resident’s capital (calculated in accordance with such regulations) must not exceed if he is to be assessed as unable to pay for his accommodation at the standard rate;

and in this subsection “assessment regulations” means regulations made for the purposes of section 22(5) of the National Assistance Act 1948 or section 87(5) of this Act.]

(4)Assistance given in kind or in cash to, or in respect of, persons under this section may be given unconditionally or subject to such conditions as to the repayment of the assistance, or of its value, whether in whole or in part, as the local authority may consider reasonable having regard to the means of the person receiving the assistance and to the eligibility of the person for assistance from any other statutory body.

(5)Nothing in the provisions of this section shall affect the performance by a local authority of their functions under any other enactment.

[F4(6)For the purposes of subsection (2) of this section “person in need” includes a person who is in need of care and attention arising out of drug or alcohol dependency or release from prison or other form of detention.]

[F512A Duty of local authority to assess needs.S

(1)Subject to the provisions of this section, where it appears to a local authority that any person for whom they are under a duty or have a power to provide, or to secure the provision of, community care services may be in need of any such services, the authority—

(a)shall make an assessment of the needs of that person for those services; and

(b)having regard to the results of that assessment, shall then decide whether the needs of that person call for the provision of any such services.

(2)Before deciding, under subsection (1)(b) of this section, that the needs of any person call for the provision of nursing care, a local authority shall consult a medical practitioner.

(3)If, while they are carrying out their duty under subsection (1) of this section, it appears to a local authority that there may be a need for the provision to any person to whom that subsection applies—

(a)of any services under the National Health Service (Scotland) Act 1978 by the Health Board—

(i)in whose area he is ordinarily resident; or

(ii)in whose area the services to be supplied by the local authority are, or are likely, to be provided; or

(b)of any services which fall within the functions of a housing authority (within the meaning of section 130 (housing) of the Local Government (Scotland) Act 1973) which is not the local authority carrying out the assessment,

the local authority shall so notify that Health Board or housing authority, and shall request information from them as to what services are likely to be made available to that person by that Health Board or housing authority; and, thereafter, in carrying out their said duty, the local authority shall take into account any information received by them in response to that request.

[F6(3A)Subject to subsection (3B) below, in any case where—

(a)a local authority make an assessment of the needs of any person (“the relevant person”) under subsection (1)(a) above, and

(b)a person (“the carer”) provides or intends to provide a substantial amount of care on a regular basis for the relevant person,

the carer may request the local authority, before they make their decision under subsection (1)(b) above, to make an assessment of his ability to provide and to continue to provide care for the relevant person; and if he makes such a request, the local authority shall make such an assessment and shall have regard to the results of that assessment in making that decision.

(3B)No request may be made under subsection (3A) above by a person who provides or will provide the care in question—

(a)by virtue of a contract of employment or other contract; or

(b)as a volunteer for a voluntary organisation.

(3C)Section 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (duty of local authority to take into account ability of carers) shall not apply in any case where an assessment is made under subsection (3A) above in respect of a person who provides the care in question for a disabled person.]

(4)Where a local authority are making an assessment under this section and it appears to them that the person concerned is a disabled person, they shall–

(a)proceed to make such a decision as to the services he requires as is mentioned in section 4 of the Disabled Persons (Services Consultation and Representation) Act M21986 without his requesting them to do so under that section; and

(b)inform him that they will be doing so and of his rights under that Act.

(5)Nothing in this section shall prevent a local authority from providing or arranging for the provision of community care services for any person without carrying out a prior assessment of his needs in accordance with the preceding provisions of this section if, in the opinion of the authority, the condition of that person is such that he requires those services as a matter of urgency.

(6)If, by virtue of subsection (5) of this section, community care services have been provided for any person as a matter of urgency, then, as soon as practicable thereafter, an assessment of his needs shall be made in accordance with the preceding provisions of this section.

(7)This section is without prejudice to section 3 of the said Act of 1986.

(8)In this section—

• “community care services” has the same meaning as in section 5A of this Act;

• “disabled person”has the same meaning as in the said Act of 1986; and

• “medical practitioner”means a fully registered person within the meaning of section 55 (interpretation) of the Medical Act 1983.]

• [F7“person” means a natural person.]

[F912B Direct payments in respect of community care services.S

(1)Where, as respects a person in need—

(a)a local authority have decided under section 12A of this Act that his needs call for the provision of any service which is a community care service within the meaning of section 5A of this Act, and

(b)the person is of a description which is specified for the purposes of this subsection by regulations,

the authority may, if the person consents, make to him, in respect of his securing the provision of the service, a payment of such amount as, subject to subsection (2) below, they think fit.

(2)If—

(a)an authority pay under subsection (1) above at a rate below their estimate of the reasonable cost of securing the provision of the service concerned, and

(b)the person to whom the payment is made satisfies the authority that his means are insufficient for it to be reasonably practicable for him to make up the difference,

the authority shall so adjust the payment to him under that subsection as to avoid there being a greater difference than that which appears to them to be reasonably practicable for him to make up.

(3)A payment under subsection (1) above shall be subject to the condition that the person to whom it is made shall not secure the provision of the service to which it relates by a person who is of a description specified for the purposes of this subsection by regulations.

(4)Regulations may provide that the power conferred by subsection (1) above shall not be exercisable in relation to the provision of residential accommodation for any person for a period in excess of such period as may be specified in the regulations.

(5)If the authority by whom a payment under subsection (1) above is made are not satisfied, in relation to the whole or any part of the payment—

(a)that it has been used to secure the provision of the service to which it relates, or

(b)that the condition imposed by subsection (3) above, or any condition properly imposed by them, has been met in relation to its use,

they may require the payment or, as the case may be, the part of the payment to be repaid.

(6)Regulations under this section shall be made by the Secretary of State and may—

(a)make different provision for different cases; and

(b)include such supplementary, incidental, consequential and transitional provisions and savings as the Secretary of State thinks fit.]

[F1012C Further provisions relating to direct payments.S

(1)Except as provided by subsection (2) below, the fact that a local authority make a payment under section 12B(1) of this Act shall not affect their functions with respect to the provision of the service to which the payment relates.

(2)Subject to subsection (3) below, where an authority make a payment under section 12B(1) of this Act they shall not be under any obligation to the person to whom it is made with respect to the provision of the service to which it relates as long as they are satisfied that the need which calls for the provision of that service will be met by virtue of the person’s own arrangements.

(3)The fact that an authority make a payment under section 12B(1) of this Act shall not affect their functions under section 12 of this Act in relation to the provision, to the person to whom the payment is made, of assistance, in exceptional circumstances constituting an emergency, in cash in respect of the service to which the payment under section 12B(1) relates.]

13 Power of local authorities to assist persons in need in disposal of produce of their work.S

Where, by virtue of [F11section 12 of this Act], a local authority make arrangements or provide or secure the provision of facilities for the engagement of persons in need (whether under a contract of service or otherwise) in suitable work, that local authority may assist such persons in disposing of the produce of their work.

[F12 Residential accommodation with nursing.]S

13AF13Residential accommodation with nursing.S

(1)Without prejudice to section 12 of this Act, a local authority shall make such arrangements as they consider appropriate and adequate for the provision of suitable residential accommodation where nursing is provided for persons who appear to them to be in need of such accommodation by reason of infirmity, age, illness or mental disorder, dependency on drugs or alcohol or being substantially handicapped by any deformity or disability.

(2)The arrangements made by virtue of subsection (1) above shall be made with a voluntary or other organisation or other person, being an organisation or person managing premises which are—

(a)a nursing home within the meaning of section 10(2)(a) of the Nursing Homes Registration (Scotland) Act M31938 in respect of which that organisation or person is registered or exempt from registration under that Act; or

(b)a private hospital registered under section 12 of the Mental Health (Scotland) Act M41984,

for the provision of accommodation in those premises.

(3)The provisions of section 6 of this Act apply in relation to premises where accommodation is provided for the purposes of this section as they apply in relation to establishments provided for the purposes of this Act.

[F14(4)No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—

(a)because he is destitute; or

(b)because of the physical effects, or anticipated physical effects, of his being destitute.

F14(5)Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

F15 Provision of care and after-careS

[13BF16 Provision of care and after-careS

(1)Subject to subsection (2) below, a local authority may, with the approval of the Secretary of State, and shall, if and to the extent that the Secretary of State so directs, make arrangements for the purpose of the prevention of illness, the care of persons suffering from illness and the after-care of such persons.

(2)The arrangements which may be made under subsection (1) above do not include arrangements in respect of medical, dental or nursing care, or health visiting.]

[F17(3)No arrangements under subsection (1) above may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies solely—

(a)because he is destitute; or

(b)because of the physical effects, or anticipated physical effects, of his being destitute.

F17(4)Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

Home helpS

14 Home help and laundry facilities.S

(1)It shall be the duty of every local authority to provide on such scale as is adequate for the needs of their area, or to arrange for the provision on such a scale as is so adequate of, [F18home help][F18domiciliary services] for households where such [F19help is][F19services are] required owing to the presence, or the proposed presence, of a person in need or a person who is an expectant mother or lying-in, and every such authority shall have power to provide or arrange for the provision of laundry facilities for households for which [F20home help is][F20domiciliary services are] being, or can be, provided under this subsection.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(4)On the coming into operation of the provisions of this and the last two foregoing sections, the provisions of sections 13, 44 and 45 of the Health Services and Public Health Act 1968 M5 shall cease to have effect.

Special provisions as to the care of children in needS

F2315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F2416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F2516A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F2617. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F2717A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F2817B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F2917C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F3017D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F3117E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F3218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F3318A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34S

F3520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F3620A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F3721. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F3822. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F3923. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F4024. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F4125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F4225A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F4326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Supervision and care of persons put on probation or released from prisons etc.S

27 Supervision and care of persons put on probation or released from prisons etc.S

(1)It shall be a function of every local authority under this Part of this Act to provide a service for the following purposes, that is to say—

(a)making available to any court such social background reports and other reports relating to persons appearing berfore the court which the court may require for the disposal of a case

[F44(aa)making available to any children’s hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence, as the hearing may require for the disposal of a case;]

[F45(ab)making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence;]

(b)the supervision of, and the provision of advice, guidance and assistance for—

(i)persons in their area who are under supervision by order of a court made in exercise of its criminal jurisdiction by virtue of any enactment, and

(ii)persons in their area who, following on release from prison or any other form of detention, are required to be under supervision under any enactment or by the terms of an order or licence of the Secretary of State or of a condition or requirement imposed in pursuance of any enactment.

[F46and(iii)without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a community service order under [F47section 238 of the Criminal Procedure (Scotland) Act 1995] or a probation order which includes a requirement that the offender shall perform unpaid work][F48; and]

[F48(iv)without prejudice to paragraphs (i) to (iii) above, persons in their area who are subject to supervised attendance orders under [F49section 235 of the said Act of 1995].]. . .

[F50(v)without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order made under section 57(2)(d) of the Criminal Procedure (Scotland) Act 1995;

F51(vi)persons in their area aged 16 and 17 years who are subject to a supervision requirement imposed in relation to the commission of any offence by that person;

F52(vii)persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; and]

[F53(c)the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance.]

(2)For the purposes of the foregoing subsection every local authority shall, after consultation with the sheriffs having jurisdiction in their area, prepare a scheme (hereinafter referred to as a [F54probation, community service and supervised attendance scheme]) and submit it by such date, as he may require, to the Secretary of State for his approval.

(3)A [F54probation, community service and supervised attendance scheme] shall make provision with regard to the following matters—

(a)the manner in which any report requested by the court from the local authority is to be prepared and submitted to the court;

[F55(aa) the matters to be included in such a report;]

(b)arrangements for the attendance of officers of the local authority at the court;

(c)arrangements for the co-operation of the local authorities with the courts, and such arrangements may include the appointment of one or more sheriffs having jurisdiction in their areas to [F56a committee or sub-committee ofsuch authorities];

(d)arrangements for the keeping of adequate records and statistics regarding the performance of functions under this section; and

(e)such other matters as the local authority considers relevant to the service to be provided.

(4)The Secretary of State may approve a [F54probation, community service and supervised attendance scheme] with or without modifications.

(5)A local authority may apply to the Secretary of State for the revision of a [F54probation, community service and supervised attendance scheme] and, if the Secretary of State so requires, shall prepare and submit to the Secretary of State for his approval a revised scheme or a modification of an existing scheme.

(6)Any function required by any enactment to be performed by a probation officer shall, after the coming into operation of this Part of this Act, be performed by an officer of the appropriate local authority.

(7)Section 11 of and Schedule 3 to the M6Criminal Justice (Scotland) Act 1949 (administrative provisions as to probation) shall cease to have effect.

[F5727A Grants in respect of community service facilitiesS

[F58(1)]The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority in providing a service

[F59(a)for the purposes mentioned in section 27(1) of this Act; and

(b)for such other similar purposes as the Secretary of State may prescribe.

(2)Before exercising his power under subsection (1)(b) above the Secretary of State shall consult local authorities and such other bodies as he considers appropriate.]]

[F6027B Grants in respect of hostel accommodation for persons under supervision.S

[F61(1)]The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority under this Act in—

(a)providing; or

(b)contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,

residential accommodation wholly or mainly for the persons mentioned in [F62subsection (2) below.

(2)The persons referred to in subsection (1) above are–

(a)persons mentioned in section 27(1)(b)(i) and (ii) of this Act;

(b)persons who have been charged with an offence and are on bail;

(c)persons who have been released from prison or any other form of detention but do not fall within section 27(1)(b)(ii) of this Act; and

(d)such other classes of persons as the Secretary of State may prescribe.

(3)Before exercising his power under subsection (2)(d) above the Secretary of State shall consult local authorities and such other persons as he considers appropriate.]]

AncillaryS

28 Burial or cremation of the dead. S

(1)A local authority may cause to be buried or cremated the body of any deceased person who immediately before his death was in the care of, or receiving assistance from [F63or was a child being looked after by,], the authority:

(2)An authority may recover from the estate of the deceased person or from any person who was liable to maintain the deceased person immediately before his death expenses incurred under subsection (1) of this section . . . F64

[F65(3)In subsection (1) of this section, the reference to a child being looked after by a local authority shall be construed in accordance with section 17(6) of the Children (Scotland) Act 1995.]

29 Power of local authority to defray expenses of parent, etc., visiting persons or attending funerals. S

(1)A local authority may make payments to any parent, relative or other person connected with [F66—

(a)a person, other than a child, in the care of the authority or receiving assistance from the authority; or

(b)a child who is being looked after by the authority,

in respect] of travelling, subsistence or other expenses incurred by the parent, relative or other person in visiting the person [F67or child], if it appears to the authority that the parent, relative or other person would not otherwise be able to visit [F68him] without undue hardship and that the circumstances warrant the making of the payments.

(2)A local authority may make the like payments and in the like circumstances to any parent, relative or other person connected with [F69—

(a)a person, other than a child, who had been in the care of the authority or receiving assistance from the authority; or

(b)a child who had been looked after by the authority,

for] the purpose of that parent, relative or other person attending the funeral of the person.

[F70(3)In subsections (1) and (2) above, references to a child looked after by a local authority shall be construed as is mentioned in subsection (3) of section 28 of this Act.]