Consultation launched on new duty on Welsh authorities to prepare annual sufficiency plans for accommodating looked after children

The move is the latest stage towards implementation of the provisions in the Health and Social Care (Wales) Act 2025 aimed at preventing the extraction of profit by providers of children’s home, secure accommodation and fostering services.

This latest consultation follows an earlier one on proposed regulatory changes and an approach to monitoring and enforcing provisions around unreasonable or disproportionate financial arrangements.

The second consultation notes that from 1 April 2026 the current local authority sufficiency duty in section 75(1) of the Social Services and Well-Being (Wales) Act 2014 will be amended so that:

• Iocal authorities must take all reasonable steps to secure accommodation for their looked after children;
• the duty extends to accommodation within or near the authority’s area, “recognising that in some circumstances a placement outside the county may still be closer to a child’s home community”;
• accommodation must be with providers who are either local authorities or who meet the not-for-profit requirements;
• local authorities must consider the benefit of having a range of accommodation within or near their areas that meets the different needs of their looked after children.

The consultation covers:

• the proposed approach and potential content of regulations relating to sufficiency plans. This includes the proposed use of regulation making powers under new section 75A regarding the form and content of plans.
• the proposed approach and processes regarding new section 75B - Duty to secure accommodation: procedure for approval of sufficiency plan, and section 75C - Duty to secure accommodation: procedure if draft plan not approved by Welsh Ministers, inserted by the 2025 Act.
• the relationship between sufficiency plans and existing planning and strategy documents relating to children looked after.

In a written statement yesterday (9 February), Dawn Bowden MS, Minister for Children and Social Care said: “Annual sufficiency plans are intended to strengthen strategic planning and promote a more coherent, transparent and sustainable approach to meeting the needs of children and young people in care.

“Through this consultation, we are seeking views on the proposed approach to regulations that will set out the form, content and preparation of these plans. This includes proposals to introduce a consistent national template, to specify core information that plans should contain, and to establish clear processes for submission to and approval by Welsh Ministers.”

The consultation is open for responses until 7 April 2026.  The consultation document notes that this is slightly shorter than the standard 12-week consultation window, but adds that is “to avoid overlap with the pre‑election period, and in recognition that there is a distinct audience for this consultation who are familiar with the subject matter”.

Lottie Winson