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Complex Safeguarding Wales

Legal duties of children’s services

The Children’s Services teams in local authorities have a legal duty to keep children and young people safe.

Their powers and duties are outlined in the following:

  • Children Act 1989
  • Social Services Well-being (Wales) Act 2014
  • All Wales Practice Guide (2019)

Children Act 1989

The Children Act 1989 states that young people are best looked after by the family, where it is safe to do so, and that the young person’s welfare is paramount. While most of the Children Act 1989 applies to Wales, the Social Services Well-being (Wales) Act 2014 replaces part three, which covers local authority support for children and families, and sections 22 and 23 relating to children who are looked after.

In relation to child criminal exploitation, part five, relating to the protection of children, says that local authorities have a duty to look into cases where a young person is thought to be at risk of harm. In these cases, the local authority should assess whether they need to support the family or whether they should take action to protect the young person.

Find out more about the Children Act 1989.

Social Services and Well-being (Wales) Act 2014 (SSWBA, 2014)

Under the Social Services Well-being (Wales) Act 2014, a young person is seen to be at risk if they have care and support needs – regardless of whether they are being met – and appear to be at risk of harm, abuse, or neglect.

Section 130 of the Social Services Well-being (Wales) Act 2014 states that all professionals have a duty to report concerns about a young person’s safety or wellbeing. All agencies should have a Designated Safeguarding Lead (DSL) who will offer help and guidance to parents, carers, and professionals.

Parents, carers or other adults can report their worries to their local Children’s Services or by calling 101. If a child or young person is in immediate danger, call the police on 999.

Parents, carers, or other adults can also discuss their worries with the NSPCC by phone on 0808 800 5000 (open 08:00-22:00 on weekdays, and 09:00-18:00 at weekends). You can also email help@nspcc.org.uk.

Find out more about the Social Services and Well-being (Wales) Act 2014.