Local authority duties to children in Wales—child protection
Produced in partnership with Matthew Wyard, Barrister of 3PB Barristers
Local authority duties to children in Wales—child protection

The following Local Government practice note produced in partnership with Matthew Wyard, Barrister of 3PB Barristers provides comprehensive and up to date legal information covering:

  • Local authority duties to children in Wales—child protection
  • Legislative background
  • Child protection conferences and child protection plans
  • Pre-proceedings process
  • Proceedings under Part 4 of the Children Act 1989
  • Children in need/children who need care and support
  • Duty to assess
  • Meeting need
  • Care and support plans
  • Charging for care and support

This is a Practice Note for lawyers working in, or for, Children’s Services departments within local authorities in Wales. It deals exclusively with the law that relates to Wales. For the law as it stands in England, regard should be had generally to: Local authority duties to children—overview It is the first of a series of three notes relating to children’s social care in Wales.

For coverage of a Welsh local authority’s duty to provide accommodation, see Practice Note: Local authority powers and duties to provide accommodation for children in Wales. For coverage of a Welsh Local authority’s duties in relation to looked after children, see Practice Note: Local authority duties to looked after children in Wales.

Legislative background

The Government of Wales Act 2006 (GWA 2006) came into force on 25 July 2006.

GWA 2006, s 108A provided for a reserved powers model of devolution, with the Welsh Government able to legislate on any matters not reserved to the UK Parliament by GWA 2006, Schs 7A and 7B (brought into force by the Wales Act 2017).

The Welsh Government was given a wide power to legislate on all matters to do with children services apart from the reserved activities. Those reserved activities over which the Welsh Government cannot legislate (that are of relevance to this Practice Note) are as follows:

  1. the provision of welfare advice to courts in

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