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Social Services and Well-being (Wales) Act 2014

Social Services and Well-being (Wales) Act 2014 Part 6 Code of Practice ( looked after and Accommodated children ) Version 2 April 20182 Part 6 Code of Practice ( looked after and Accommodated children ) Code of Practice and guidance on the exercise of Social Services functions and partnership arrangements in relation to Part 6 ( looked after and accommodated children ) of the Social Services and Well-being (Wales) Act 2014. Including children and young people who are leaving or who have left care. Issued under section 145 of the Social Services and Well-being (Wales) Act code revokes the Part 6 Code of Practice ( looked after and Accommodated children ) issued in December 2015. Chapter / Contents Preamble 1 Provisions made in Part 6, context and purpose, and principles 1.

Part 6 Code of Practice (Looked After and Accommodated Children) Page 2 of 146 Provisions made in Part 6 10. Part 6 of the Act (looked after and accommodated children): (a) provides for the interpretation of references to a child or young person looked after by a local authority (section 74) (b) requires local authorities

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Transcription of Social Services and Well-being (Wales) Act 2014

1 Social Services and Well-being (Wales) Act 2014 Part 6 Code of Practice ( looked after and Accommodated children ) Version 2 April 20182 Part 6 Code of Practice ( looked after and Accommodated children ) Code of Practice and guidance on the exercise of Social Services functions and partnership arrangements in relation to Part 6 ( looked after and accommodated children ) of the Social Services and Well-being (Wales) Act 2014. Including children and young people who are leaving or who have left care. Issued under section 145 of the Social Services and Well-being (Wales) Act code revokes the Part 6 Code of Practice ( looked after and Accommodated children ) issued in December 2015. Chapter / Contents Preamble 1 Provisions made in Part 6, context and purpose, and principles 1.

2 Care and support planning 7 Duties of local authorities in relation to care and support plans, including health and education 2. Placements 23 How looked after children are to be accommodated and maintained 3. Keeping in touch 56 Visits to looked after children and children in detention, and the role of independent visitors 4. Review of cases 67 The role and functions of the Independent Reviewing Officer 5. Leaving care 73 Arrangements for leaving care, personal advisers, pathway plans and assessments, suitable accommodation and support for higher education Part 63 Part 6 Code of Practice ( looked after and Accommodated children ) 6.

3 Post-18 living arrangements 120 Developing arrangements for care leavers aged 18 and above to continue living with their former foster carers 7. Secure accommodation 133 children accommodated in secure children s homes 8. children in other types of establishment 143 children accommodated by health and education authorities, or in care homes or independent hospitals 9. Death of a looked after child 145 Notification of the death of, and other arrangements in respect of, the death of a looked after child Crown copyright 2018 WG34698 Digital ISBN 978-1-78937-049-2 Mae r ddogfen yma hefyd ar gael yn document is also available in Welsh.

4 Part 6 Code of Practice ( looked after and Accommodated children ) Page 1 of 146 Preamble 1. This code of practice is issued under section 145 of the Social Services and Well-being (Wales) Act 2014 ( the Act ). 2. The Social Services and Well-being (Wales) Bill received Royal Assent on 1 May 2014 to become an Act of the National Assembly for Wales. For the purpose of Part 6 of the Act and this code, the Act will come into effect on 6 April 2016. 3. Local authorities, when exercising their Social Services functions, must act in accordance with the requirements contained in this code. Section 147 (Departure from requirements in codes) does not apply to any requirements contained in this code. In addition, local authorities must have regard to any guidelines set out here.

5 4. Social Services functions are set out at schedule 2 of the Act. In this code a requirement is expressed as must or must not . Guidelines are expressed as may or should/ should not . 5. This code of practice contains guidance on the duties contained in Part 6 sections 74 - 125 of the Act, and regulations under sections 81, 83, 87, 97, 98, 99, 100, 102, 104, 106, 107, 108, 109, 116, 117, 119 and 122 of the Act. 6. In exercising their functions relating to looked after and accommodated children , local authorities must have regard to their overarching duties to have due regard to Part 1 of the United Nations Convention on the Rights of the Child as set out in section 7 of the Act. 7. Local authorities also operate within the overall policy framework set by the Welsh Government.

6 In relation to looked after children , the Welsh Ministers policy intentions include seeking to de-escalate the need for formal intervention in the lives of children and young people, and to strengthen the capacity of families to care for their children wherever it is safe to do so. For those children that do become looked after , the Programme for Government and the Social Services and Well-being Wales Act establish the importance of improving their lives and Well-being . Supporting a child s educational attainment is essential to this and to enable them to reach their full potential. We will shortly be publishing our strategy on Raising the ambitions and educational attainment of children who are looked after . Advocacy 8.

7 An individual must feel that they are an equal partner in their relationship with professionals. It is open to any individual to invite someone of their choice to support them to participate fully and express their views wishes and feelings. This support can be provided by someone s friends, family or wider support network. 9. The dedicated code of practice on advocacy under Part 10 of the Act sets out the functions when a local authority, in partnership with the individual, must reach a judgement on how advocacy could support the determination and delivery of an individual s personal outcomes; together with the circumstances when a local authority must arrange an independent professional advocate. Professionals and individuals must ensure that judgements about the needs for advocacy are integral to the relevant duties under this code.

8 Part 6 Code of Practice ( looked after and Accommodated children ) Page 2 of 146 Provisions made in Part 6 10. Part 6 of the Act ( looked after and accommodated children ): (a) provides for the interpretation of references to a child or young person looked after by a local authority (section 74) (b) requires local authorities to secure sufficient accommodation in their areas for the children they look after (section 75), and to accommodate children without parents or who are lost or abandoned or are under police protection, in detention or on remand (sections 76 and 77) (c) provides for the functions of local authorities in relation to the children they look after (sections 75 to 103, 124 and 125) (d) provides for the circumstances in which local authorities may or must provide support for young people leaving, or who have left, local authority care formerly accommodated in certain establishments formerly fostered with respect to whom special guardianship orders are or were in force (sections 104 to 118) (e) provides for the placement of children in secure accommodation (section 119) (f) requires the assessment by local authorities of children who are accommodated by health authorities or education authorities or in care homes or independent hospitals and the provision of visits and Services to those children (sections 120 to 123) (g)

9 Introduces Schedule 1 which makes provision about contributions towards the maintenance of children looked after by local authorities. 11. The Welsh Government has sought to support implementation through a process that fully engages our stakeholders. Central to this approach has been the establishment of technical groups made up of representatives with the relevant expertise, technical knowledge and practical experience to work with officials on the detailed policy necessary to develop the regulations and code of practice which in turn will deliver the policy aspirations underpinning the Act. This code is one of the outcomes of that exercise of co-production. Aim and scope 12. This code aims to set out local authority responsibilities under the Act for.

10 Care and support plans in relation to looked after children and young people, including education and health the ways in which looked after children are to be accommodated and maintained, including placements of looked after children contact and visits to looked after and previously looked after children , including independent visitors arrangements for leaving care, personal advisers, pathway plans and assessments, suitable accommodation and support for higher education Part 6 Code of Practice ( looked after and Accommodated children ) Page 3 of 146 secure accommodation children accommodated in other types of establishment (by health and education authorities, or in care homes or independent hospitals). 13. This code of practice replaces previous statutory guidance on these issues.


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