The Corporate Director Social Services and Wellbeing reported that the Social Services and Well-being (Wales) Act 2014 came into effect on 6 April 2016 and a project team had been established in the lead up to the implementation of the Act to ensure compliance with the Act under the leadership of Beverley Whiteley, Team Manager Children With Disabilities.  The Corporate Director Social Services and Wellbeing informed the Committee that the Directorate is working towards a cultural shift and is now in a strong position to implement the Act. 

The Corporate Director Social Services and Wellbeing outlined the two key policy objectives of the Act seeking to transform the way in which social services are delivered, primarily through promoting independence and giving people a stronger voice and control.  The Act also sought to promote partnership working in social care and to enhance the preventative role of social care and health, setting out overarching wellbeing duties to reduce or delay the need for care and support.  It ensured that people receive the right support at the right time and place. 

The Team Manager Children With Disabilities informed the Committee of the main duties of the Act with reference to children in need of care and support, looked after and accommodated children and care leavers.  She highlighted the main points of the 11 parts which make up the Act, particularly Part 6 of the Act which related to the authority’s duties and responsibilities towards looked after and accommodated children as well as detailing arrangements and duties for leaving care, including making provision for post-18 living arrangements.  The Team Manager Children With Disabilities informed the Committee that the Code explicitly states that once a child is in care all elected members and officers of the local authority, as corporate parents need to be concerned about that child and must take a set of principles into account when engaging with them and making any decision concerning them. 

The Team Manager Children With Disabilities informed the Committee that Part 6 of the Act links with many other parts of the Act including duties surrounding Advocacy in Part 10 and required provision relating to children and young people in the Secure estate in Part 11.  She stated that Part 6 stressed the duty to appoint an independent visitor for a child where it appeared to be in the child’s best interest.  Part 6 also makes provision for Short Breaks where required for a disabled child, although the Act also makes provision under Part 4, where this is considered most appropriate.  She stated there is a duty under Part 3 to assess from time to time whether a looked after child has care and support needs and where those needs are eligible there is a duty to meet those needs.  Part 6 also draws on the concept of working preventatively with looked after and accommodated children.  She stated that the Act had strengthened the role of the Independent Reviewing Officer, although it had appeared to legislate what is already best practice in this authority. 

The Team Manager Children With Disabilities informed the Committee that                       

Placement choice has been highlighted as important and the Act introduced a placement hierarchy and set of “rules” that the authority must follow when deciding where to place a child it is looking after.  It also placed a new requirement of an order of preference when considering out of area placements and also make clear that when considering the placement of a child in Key Stage 4 that a move of school should only be in exceptional circumstances.  There is also a clear focus on the assessment of a child’s mental/emotional health while undertaking a looked after child health assessment.   

The Team Manager Children With Disabilities also informed the Committee that ‘Foster to Adopt’ has been introduced, which requires the authority to place a child with prospective adopters following the decision being taken that re-integration with birth family has been discounted but prior to the placement order being granted.  This will require prospective adopters who wish to be considered to also be approved as foster carers. 

The Team Manager Children With Disabilities informed the Committee that care leavers should expect the same level of care that others would expect from a reasonable parent.  The local authority is expected to make sure that they are provided with the opportunities they need to come to terms with taking on the responsibilities of adulthood.  She stated that there are also changes to the duties in respect of post-18 living arrangements and the Act introduces the requirement for authorities to set up a ‘When I am Ready’ scheme for young people in foster placements who wish to remain living with their former carers beyond their 18^th birthday. 

The Corporate Director Social Services and Wellbeing reported that planning for the implementation of the Act had involved a huge piece of work with 800 staff to be trained, with 50% of those staff having already been trained to support the transfer of knowledge into practice.  She stated that the Act had brought about a whole range of new challenges and entitlements at a time of severe financial restraint with no additional resources being made available from the Welsh Government, apart from some transitional / transformational funding.  The Corporate Director Social Services and Wellbeing informed the Committee that funding had been available to the authority for two years to engage in work with prisoners at Parc Prison.  The Committee questioned the demands of the prison population on staff time, the number of the authority’s staff devoted to working in the prison and whether the pressures of having a prison in the authority’s area could be recognised in the Revenue Support Grant.  The Corporate Director Social Services and Wellbeing informed the Committee that a working group had been established to work with Parc Prison where there is a need to provide care and support.  She stated there may be a need to fund small aids and adaptations within the prison.  Two Occupational Therapists and one Social Worker to support work within the prison.  The Corporate Director Social Services and Wellbeing informed the Committee that she would need to look at whether the financial pressures of supporting the prison could be included in the RSG.  The Head of Strategy Partnerships and Commissioning informed the Committee of the role of Social Work staff working within the prison, it was hoped that the Youth Justice Board would fund continue to fund the Social Worker post at the prison. 

The Committee questioned how better access to good information would be determined.  The Corporate Director Social Services and Wellbeing informed the Committee that the Dewis Information System had been purchased which would be accessed by service users to enable to exercise choice and to make informed decisions.  The system is compatible with the Digital Transformation programme. 

The Cabinet Member Childrens Social Services and Equalities thanked the                     

Corporate Director Social Services and Wellbeing and team for the work they had undertaken in preparation for the implementation of the Act.  She stated that the authority had already implemented many good schemes such as supported lodgings for people up to 21 years.  The Cabinet Member Childrens Social Services and Equalities also informed the Committee that she and officers had met the Minister to discuss the lack of resources from the Welsh Government to support implementation of the Act as the Act was costing more than the grant funding received by the authority.  The Team Manager Children With Disabilities informed the Committee that active offers in relation to advocacy were needed to be made to looked after children.  The Corporate Director Social Services and Wellbeing informed the Committee that the advocacy proposal was still being finalised and that the Head of Safeguarding and Assessment represents the authority on a working group which was looking at advocacy. 

The Committee requested clarification of the foster to adopt scheme.  The Team Manager Children With Disabilities informed the Committee that the scheme operates differently in Wales to its operation in England in that the Act allows the authority to place a child with foster carers prior to proceeding with adoption.  She stated that there is a very careful matching process prior to the fostering arrangement taking place. 

The Committee requested clarification of the meeting needs duty under Part 4 of the Act.  The Corporate Director Social Services and Wellbeing informed the Committee that the authority already meets its duties under Part 4 of the Act in order to protect the child from abuse or neglect and by delivering a care and support plan.  She stated that the Act strengthens processes the authority already has in place.  The Corporate Director Social Services and Wellbeing also informed the Committee that the Western Bay collaboration has a child sexual exploitation strategy in place with the lead officer working closely with the police to identify children who are at risk and missing children.  She stated that the MASH had been set up whereby key agencies such as the police, health and probation service had signed up to it and will be co-located.  She also stated that a Child Safeguarding Board had been set up across Western Bay and is based in Bridgend.  The Corporate Director Social Services and Wellbeing informed the Committee that the service had been subject to audit by Internal Audit which had found that processes are in place to ensure children are safeguarded. 

The Committee questioned whether Direct Payments are in place.  The Corporate Director Social Services and Wellbeing informed the Committee that Direct Payments are already in place, however the Act had brought about a change in duties in that service users can now purchase services from the authority.  She stated that service users who have substance misuse problems can have direct payments however the authority will use the direct payment to purchase services on service users’ behalf.  The Team Manager Children With Disabilities informed the Committee that Direct Payments were previously offered to children with disabilities only; however the Act widened the availability of Direct Payments to all children with needs. 

The Committee questioned the authority had put in adaptions at Parc Prison.  The Corporate Director Social Services and Wellbeing informed the Committee that small aids and adaptions had been put in place at the prison, but she would confirm the type of aids that had been out in place.  The Committee was informed that there are 64 children at Parc Prison who are the responsibility of the home local authority and not this authority, but the authority would have responsibility if they are looked after.  The Head of Strategy Partnerships and Commissioning informed the Committee that Social Workers will ensure that children in Parc Prison receive statutory visits. 

The Committee questioned how the Future Generations Act will link with the       Social Services and Well-being (Wales) Act.  The Corporate Director Social Services and Wellbeing informed the Committee that the wellbeing duty requires the authority to undertake a population assessment.  She stated that wellbeing duty had been the subject of discussion at Corporate Management Board and there was a need to ensure the authority abides by its wellbeing duties.  The Corporate Director Social Services and Wellbeing informed the Committee that a project board on the implementation of the Future Generations Act would be set up.

RESOLVED:           That the content and the actions set out for the future implementation of the Social Services and Well-being (Wales) Act be noted.