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Welsh Government consultation on health and social care reforms

The Welsh Government has launched a consultation on changes to primary legislation in health and social care including proposals to eliminate profit from the care of looked after children.

The consultation also covers proposals to:

  • introduce direct payments for continuing health care
  • extend mandatory reporting of children and adults at risk 
  • amend regulation of service providers, responsible individuals, and the social care workforce. This includes extending the definition of social care worker to include childcare and play workers.

Responses to the published consultation document are required by 7 November.

Chapter one outlines legislation to support the commitment to eliminate profit from the care of children looked after. The focus of the proposal is on the private provision of residential care for children and independent sector foster care.

In July 2022, there were approximately 1,068 residential places available, 85% of which were with independent providers.

The consultation document notes that the Welsh Government does not believe that profits should be made from “caring for children facing particular challenges in their lives”. It therefore intends to bring forward legislation to end this, meaning the future care of children in Wales will be provided by not-for-profit, public sector or charitable organisations.

Chapter two proposes enabling access to Direct Payments for adults who are eligible for continuing NHS Healthcare “which will allow them to decide how, when and by whom their care and support needs are met.”

This aims to further strengthen the voice of disabled and seriously ill adults and their carers, providing them with greater control.

Chapter three considers whether the duties to report children and adults at risk of harm, abuse or neglect – within the Social Services and Well-being (Wales) Act 2014 – should be expanded to apply directly to individuals within relevant bodies.

Currently, a ‘relevant partner’, as defined within section 162 of the 2014 Act, includes the police, probation services, a local health board or NHS trust, the Welsh Ministers or Secretary of State (in discharging certain functions) and other local authorities.

The consultation report invites views on whether including a legal requirement upon certain individuals to report children and/or adults at risk to the relevant local authority would better protect people in Wales from harm.

Chapters four, five and six propose amendments to the Regulation and Inspection of Social Care (Wales) Act 2016.

These intend to enable the existing regulatory frameworks to operate more effectively and improve how Care Inspectorate Wales regulates and inspects services and how Social Care Wales supports and regulates the social care workforce.

This includes extending the definition of ‘social care worker’ to include childcare and play workers.

Lottie Winson