Local Authority Social Services Act 1970
1970 CHAPTER 42 cross-notesI1
An Act to make further provision with respect to the organisation, management and administration of local authority social services; to amend the Health Visiting and Social Work (Training) Act 1962; and for connected purposes.
[29th May 1970]
1 Local authorities. cross-notes
F2 The local authorities for the purposes of this Act shall be [F1 the councils of non-metropolitan counties and metropolitan districts in England, the councils of London boroughs F1] and the Common Council of the City of London ....
[F31A Meaning of “social services functions”.
For the purposes of this Act the social services functions of a local authority are—
(a) their functions under the enactments specified in the first column of Schedule 1 to this Act (being the functions which are described in general terms in the second column of that Schedule), and
(b) such other of their functions as the Secretary of State may designate by an order made under this section. F3]
2 Local authority to establish social services committee. cross-notes
F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F53 Business of Social Services Committee.
F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5]
[F73A Power of local authority to refer or delegate to social services committee.
F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7]
F94 Joint committees and sub-committees.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105 Membership of committees and sub-committees.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 The director of social services. cross-notes
[F11 (A1) A local authority F12 ... shall appoint an officer, to be known as the director of adult social services, for the purposes of their social services functions, other than those for which the authority’s director of children’s services is responsible under section 18 of the Children Act 2004. F11]
F13 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Two or more local authorities may, if they consider that the same person can efficiently discharge, for both or all of them, the functions of director of [F14 adult social services F15 ... F14] , concur in the appointment of a person as director of [F14 adult social services F15 ... F14] for both or all of those authorities.
F16 (3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A local authority which have appointed, or concurred in the appointment of, [F18 a person under this section F18] , shall secure the provision of adequate staff for assisting him in the exercise of his functions.
F19 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Local authorities to exercise social services functions under guidance of Secretary of State. cross-notes
(1) Local authorities shall, in the exercise of their social services functions, including the exercise of any discretion conferred by any relevant enactment, act under the general guidance of the Secretary of State.
[F21 (1A) Section 78 of the Care Act 2014 applies instead of this section in relation to functions given by Part 1 of that Act or by regulations under that Part. F21]
F22 (2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F237A Directions by the Secretary of State as to exercise of social services functions. cross-notes
(1) Without prejudice to section 7 of this Act, every local authority shall exercise their social services functions in accordance with such directions as may be given to them under this section by the Secretary of State.
(2) Directions under this section—
(a) shall be given in writing; and
(b) may be given to a particular authority, or to authorities of a particular class, or to authorities generally.
F247B Complaints procedure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7C Inquiries
(1) The Secretary of State may cause an inquiry to be held in any case where, whether on representations made to him or otherwise, he considers it advisable to do so in connection with the exercise by any local authority of any of their social services functions (except in so far as those functions relate to persons under the age of eighteen).
(2) Subsections (2) to (5) of section 250 of the M1 Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to an inquiry under that section.
7D Default powers of Secretary of State as respects social services functions of local authorities.
(1) If the Secretary of State is satisfied that any local authority have failed, without reasonable excuse to comply with any of their duties which are social services functions (other than a duty [F25 referred to in subsection (4) F25] ), he may make an order declaring that authority to be in default with respect to the duty in question.
(2) An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with within such period as may be specified in the order as appear to the Secretary of State to be necessary.
(3) Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus.
[F26 (4) Subsection (1) does not apply in relation to a duty imposed by or under—
(a) the Children Act 1989,
(b) section 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999,
(c) the Adoption and Children Act 2002, or
(d) Part 1 of the Care Act 2014. F26]
7E Grants to local authorities in respect of social services for the mentally ill.
The Secretary of State may, with the approval of the Treasury, make grants out of money provided by Parliament towards any expenses of local authorities incurred in connection with the exercise of their social services functions in relation to persons suffering from mental illness. F23]
F278 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Protection of interests, etc. of local authority staffs.
(1) The Secretary of State shall by order make provision for the protection of the interests of any existing staff affected by the provisions of section 2 or 6 of this Act, and that order may contain provisions applying, amending or repealing any provision made by or under any enactment and relating to the conditions of service of, or the payment of superannuation or other benefits to or in respect of, existing staff.
(2) M2 Regulations under section 60(2) of the Local Government Act 1958 (provision to be made by regulations for the payment of compensation in certain cases) may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to the provisions of section 2 or 6 of this Act.
(3) Regulations made by virtue of subsection (2) above may be so framed as to have effect from a date earlier than that on which they are made, so however that so much of any regulations as provides that any provision thereof is to have effect from a date earlier than that on which they are made shall not place any person (other than the person required by the regulations to pay compensation) in a worse position than he would have been in if the regulations had been so framed as to have effect only as from the date on which they are made.
(4) In this section “ existing staff ” means—
(a) persons who both immediately before and immediately after the coming into force in the area of a local authority of section 2 or 6 of this Act are employed by the authority in connection with the discharge by the authority of any function which immediately after the coming into force in that area of the said section 2 or 6, as the case may be, is a social services function of the authority; and
(b) persons who both immediately before and immediately after the coming into force in the area of a local authority of—
(i) an order under section 2(2) of this Act, or
(ii) a direction under section 2(4) thereof, not being a direction which comes into force in that area on the same date as that on which that section comes into force therein,
are employed by the authority in connection with the discharge by the authority of any function to which the order or direction, as the case may be, relates.
F2810 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2911 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Isles of Scilly.
(1) The Secretary of State may by order direct that this Act shall have effect as if the Council of the Isles of Scilly were a local authority for the purposes of this Act.
(2) In its application to the Isles of Scilly by virtue of an order made under this section, this Act shall have effect with such modifications as may be specified in the order.
13 Orders and regulations.
(1) F30 Orders . . . of the Secretary of State under this Act shall be made by statutory instrument.
(2) Any order made under any provision of this Act, except an order under section 14(3), may be varied or revoked by a subsequent order so made.
(3) F30 In the case of a statutory instrument containing an order under section [F31 1A F31] or 14(3) of this Act . . . , a draft of the instrument shall be laid before Parliament, and an instrument containing an order under the said section [F31 1A F31] shall not be made unless the draft has been approved by a resolution of each House of Parliament.
(4) A statutory instrument containing an order under section 9(1) or 12 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F32 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 Minor and consequential amendments, repeals and saving for certain schemes.
(1) The enactments specified in Schedule to this Act shall have effect subject to the ammendments specified in relation thereto in that Schedule, being minor ammendments and ammendments consequential on the provisions of this Act.
X1 (2) The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.
(3) The Secretary of State may by order repeal or amend any provision in any local Act, including an Act confirming a provisional order, or in an instrument in the nature of a local enactment under any Act, where it appears to him that that provision is inconsistent with, or has become unnecessary or requires modification in consequence of, any provision of this Act or corresponds to any provision repealed by this Act.
F33 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Citation, interpretation, commencement and extent.
(1) This Act may be cited as the Local Authority Social Services Act 1970.
(2) F35 In this Act “ functions ” includes powers and duties and “ social services functions ” has the meaning given by section [F34 1A F34] . . . of this Act. Any reference in this Act to an enactment shall be construed as including a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.
(3) Any reference in this Act to an enactment shall be construed as including a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.
(4) F36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) F38 This Act, . . . , shall not extend to Scotland.
(7) F38 This Act, except . . . this subsection, shall not extend to Northern Ireland; . . .
F39 SCHEDULES
Section 2.
SCHEDULE 1 [F40 SOCIAL SERVICES FUNCTIONS F40]cross-notesP1
Enactment | Nature of functions |
---|---|
Children and Young Persons Act 1933 (c. 12) | |
Part III | Protection of the young in relation to criminal and summary proceedings; children appearing before court as in need of care, protection or control; committal of children to approved school or care of fit person, etc. |
Part IV | Remand homes, approved schools and children in care of fit persons. |
F41 . . . | |
F41 . . . | F41 . . . |
National Assistance Act 1948 (c. 29) | |
F42 . . . | F42 . . . |
F42 . . . | F42 . . . |
F43 . . . | F43 . . . |
F42 . . . | F42 . . . |
F42 . . . | F42 . . . |
Section 49 | Defraying expenses of local authority officer applying for appointment as [F44 deputy F44] for certain patients. |
F45 . . . | F45 . . . |
Section 56(3) except so far as it relates to an offence under section 47(11). | Prosecution of offences. |
F46 . . . | F46 . . . |
F47 . . . | F47 . . . |
F48 . . . | F48 . . . |
Disabled Persons (Employment) Act 1958 (c. 33) | |
Section 3 | Provision of facilities for enabling disabled persons to be employed or work under special conditions. |
F49 . . . | F49 . . . |
F50 . . . | F50 . . . |
Mental Health Act 1959 (c. 72) [F51 section 8 F51] . . . . | [F52 Welfare and accommodation of mentally disordered persons F52] |
F53 . . . | |
F54 . . . | |
F54 . . . | |
[F55 Mental Health (Scotland) Act 1984 F55] | |
Section 10 | Welfare of certain persons while in hospital in Scotland. |
Health Visiting and Social Work (Training) Act 1962 (c. 33) | |
F56 Section 5(1)(b) .... | Research into matters relating to local authority welfare services. |
Children and Young Persons Act 1963 (c. 37) | |
Part I | F57 . . . powers relating to young persons in need of care, protection or control; further provisions for protection of the young in relation to criminal proceedings; . . . . |
F58 . . . | F58 . . . |
F59 . . . | F59 . . . |
F60 . . . | |
F60 . . . | F60 . . . |
Health Services and Public Health Act 1968 (c. 46) | |
F61 . . . | F61 . . . |
F61 . . . | F61 . . . |
F62 . . . | F62 . . . |
F63 . . . | |
F63 . . . | F63 . . . |
F64 . . . | |
F64 . . . | F64 . . . |
Children and Young Persons Act 1969 (c. 54) | |
F65 The whole Act . . . . | F66,F67 Care and other treatment of children and young persons through court proceedings; . . . . . . |
Chronically Sick and Disabled Persons Act 1970 (c. 44) | |
Section 1 | Obtaining information as to need for, and publishing information as to existence of, certain welfare services [F68 ; providing information about certain welfare services F68] . |
Section 2 | Provision of certain welfare services. |
[F69 Section 2A | Welfare services: transition for children to adult care and support in England. F69] |
Section 18 | Provision of certain information required by Secretary of State. |
[F70 Sections 6 and 7B of this Act F70] | [F70 Appointment of [F71 director of adult social services or F71] director of social services, etc ; provision and conduct of complaints procedure. F70] |
[F72 . . . F72] | [F72 . . . F72] |
F73 . . . | |
F74 . . . | F74 . . . |
F73 . . . | F73 . . . |
[F75 Adoption Act 1976 | Functions continuing to be exercisable by virtue of any transitional or saving provision made by or under the Adoption and Children Act 2002. F75] |
F76 . . . | F76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
F77 . . . | F77 . . . |
F78 . . . | F78 . . . |
F79 . . . | F79 . . . |
F80 . . . | F80 . . . |
F81 . . . | F81 . . . |
F82 . . . | F82 . . . |
F83 . . . | F83 . . . |
F84 . . . | F84 . . . |
[F85 Mental Health Act 1983 (c. 20) F85] | |
[F85 Parts II, III and VI F85] | [F85 Welfare of the mentally disordered; guardianship of persons suffering from mental disorder including such persons removed to England and Wales from Scotland or Northern Ireland; exercise of functions of nearest relative of person so suffering. F85] |
[F85 Sections 66, 67, 69(1) F85] | [F85 Exercise of functions of nearest relative in relation to applications and references to [F86 the First-tier Tribunal or the Mental Health Review Tribunal for Wales F86] . F85] |
[F85 Section 114 F85] | [F85 Appointment of [F87 approved mental health professionals F87] . F85] |
[F85 Section 115 F85] | [F85 Entry and inspection. F85] |
[F85 Section 116 F85] | [F85 Welfare of certain hospital patients. F85] |
[F85 Section 117 F85] | [F85 After-care of detained patients. F85] |
[F88 Section 117A | Functions under regulations about provision of preferred accommodation under section 117. F88] |
[F85 Section 130 F85] | [F85 Prosecutions. F85] |
[F89 Section 130A | Making arrangements to enable independent mental health advocates to be available to help qualifying patients F89] |
F90 . . . | F90 . . . |
[F91 Public Health (Control of Disease) Act 1984 (c. 22) F91] | |
[F91 Section 46(2) and (5) F91] | [F91 Burial or cremation of person dying in accommodation provided under Part III of the National Assistance Act 1948, and recovery of expenses from his estate. F91] |
F92 . . . | F92 . . . |
[F93 Housing Act 1996 Section 213(1)(b) | Co-operation in relation to homeless persons and persons threatened with homelessness. F93] |
[F94 Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) F94] | |
[F95 Sections [F96 1, 2 and 4 F96] , 5(5), [F97 and 7 F97,F95]] . | [F94 Representation and assessment of disabled persons. F94] |
[F98 Housing (Scotland) Act 1987 (c. 26) section 38(b) F98] | [F98 Co-operation in relation to homeless persons and persons threatened with homelessness. F98] |
[F99 Children Act 1989,The whole Act [F100 except section 36 and paragraphs 12 to 19(1) of Schedule 3 (education supervision orders)F100] , in so far as it confers functions on a local authority within the meaning of that Act. F99] | [F99 Welfare reports. F99] |
[F99 Consent to application for [F101 child arrangements F101] order in respect of child in care. F99] | |
[F102Functions relating to special guardianship orders F102] | |
[F99 Family assistance orders. F99] | |
[F99Functions under Part III of the Act (local authority support for children and families). F99] | |
[F99 Care and supervision. F99] | |
[F99 Protection of children. F99] | |
[F99Functions in relation to community homes, voluntary homes and voluntary organisations, [F103 private F103] children’s homes, private arrangements for fostering children, child minding and day care for young children. F99] | |
[F99 Inspection of children’s homes on behalf of Secretary of State. F99] | |
[F99 Research and returns of information. F99] | |
F104[F99Functions in relation to children accommodated [F105 pursuant to arrangements made by the Secretary of State, [F106 NHS England F106] or [F107 an integrated care board F107] under the National Health Service Act 2006 or F105] by [F108 Local Health Boards F108] , . . . [F109 National Health Service trusts F109][F110 and local authorities in the exercise of education functionsF110] or in [F103 care homes, independent hospitals or schools F103] . F99] | |
[F111 National Health Service and Community Care Act 1990 (c. 19) F111] | |
F112 . . . | F112 . . . |
[F111 Section 47 F111] | [F111 Assessment of needs for community care services. F111] |
F113 . . . | F113 . . . |
[F114 Section 166. F114] | |
[F115 Carers (Recognition and Services) Act 1995 (c.12) F115] | |
[F115 Section 1 | Assessment of ability of carers to provide care. F115] |
[F116 Education Act 1996. F116] | |
F117 . . . | F117 . . . |
[F118 Community Care (Direct Payments) Act 1996. F118] | Functions in connection with the making of payments to persons in respect of their securing the provision of community care services [F119 or services under the Carers and Disabled Children Act 2000F119] . |
[F120 Adoption (Intercountry Aspects) Act 1999 (c.18) | |
[F121 Sections 1 and F121] 2(4) | Functions under [F122 regulations made under section 1 giving effect to F122] the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993 [F123 and functions under Article 9(a) to (c) of the Convention F123] . F120] |
F124 . . . | F124 . . . |
[F125 Health and Social Care Act 2001 | |
F126 Part 4 in so far as it confers functions on a local authority in ... Wales within the meaning of that Part. | Functions in relation to the provision of residential accommodation. |
Making of direct payments to person in respect of his securing provision of community care services or services to carers. F125] | |
[F127 Adoption and Children Act 2002 | Maintenance of Adoption Service; functions of local authority as adoption agency. F127] |
F128 . . . | |
F128 . . . | F128 . . . |
F129 . . . | |
F129 . . . | F129 . . . |
[F130 Children Act 2004 Sections [F131 9A, F131][F132 and [F133 16A to 16Q F133,F132]] | F134,F135Functions relating to [F136 ...safeguarding and promoting the welfare of children... F136,F130]] |
[F137 Mental Capacity Act 2005 | |
Section 39 | Instructing independent mental capacity advocate before providing accommodation for person lacking capacity |
[F138 Section 39A | Instructing independent mental capacity advocate when giving an urgent authorisation, or making a request for a standard authorisation, under Schedule A1 to the Act. |
Section 39C | Instructing independent mental capacity advocate when no representative for relevant person under Part 10 of Schedule A1 to the Act. |
Section 39D | Instructing independent mental capacity advocate when representative for relevant person under Part 10 of Schedule A1 to the Act is not being paid. F138] |
Section 49 | Reports in proceedings F137] |
[F138 Schedule A1 | Any functions. F138] |
F139 . . . | |
F139 . . . | F139 . . . |
[F140 Children and Young Persons Act 2008 | |
Part 1, in so far as it confers functions on a local authority in England or Wales within the meaning of that Part...... | Making arrangements for the discharge of relevant care functions in relation to certain children and young persons. F140] |
F141 . . . | |
F141 . . . | F141 . . . |
F142 . . . | F142 . . . |
F143 . . . | F143 . . . |
[F144 Legal Aid, Sentencing and Punishment of Offenders Act 2012 | |
Section 92 | Functions in relation to a child remanded to local authority accommodation. F144] |
[F145 Care Act 2014 Part 1, except section 78, so far as that Part and regulations under it give functions to local authorities in England | General responsibilities in relation to care and support services. Assessing and meeting needs for care and support, and carers’ needs. Direct payments, deferred payment agreements and loans. Continuity of care and ordinary residence. Safeguarding adults. Provider failure. Children in transition to adult care and support. Independent advocacy support. Recovery of charges. Appeals against local authority decisions. Discharge of hospital patients. Registers. Delegation of functions. F145] |
[F146 Children and Social Work Act 2017 | |
Section 2 | Local offer for care leavers. F146] |
Section 14.
SCHEDULE 2 Minor and Consequential Amendments of Enactments
The Children and Young Persons Act 1933 (c. 12)
1 C13M3 In section 96(7) of the Children and Young Persons Act 1933(which provides that subject to the provisions of section 39 of the Children Act 1948 a local authority may refer certain matters to committees) for the words from “section thirty-nine” to “that committee)” there shall be substituted the words “sections 2 and 3 of the Local Authority Social Services Act 1970 (which require certain matters to be referred to the social services committee and restrict the reference of other matters to that committee).”
2—4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F147 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F148,F149 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F150 8 C14M4 In section 60(2) of the said Act of 1958 (provision to be made by regulations for the payment of compensation in certain cases) after the words “section 46 of the Children and Young Persons Act 1969” there shall be inserted the words “or of section 2 or 6 of the Local Authority Social Services Act 1970”.
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F151The Children and Young Persons Act 1963 (c. 37)
10 C15 In section 56(2) of the Children and Young Persons Act 1963 (prosecution of certain Offences) for the words “subsection (2) of section 39 of the Children Act 1948” there shall be substituted the words “subsection (1) of section 3 of the Local Authority Social Services Act 1970” and for the words “those sections” there shall be substituted the words “the said section 85 and section 2 of the said Act of 1970”.
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F152The Chronically Sick and Disabled Persons Act 1970 (c. 44)
12 C16 (1) In section 2(1) of the Chronically Sick and Disabled Persons Act 1970 (which imposes a duty on local authorities to make arrangements for certain matters in exercise of their functions under section 29 of the National Assistance Act 1948) the words “under the general guidance of the Secretary of State and” shall be omitted, and after the words “the purpose)” there shall be inserted the words “and to the provisions of section 7(1) of the Local Authority Social Services Act 1970(which requires local authorities in the exercise of certain functions, including functions under the said section 29, to act under the general guidance of the Secretary of State)”.
(2) In section 2(2) of the said Act of 1970 (which makes provision in connection with the carrying into effect of the said arrangements) after the words “section 35(2)” there shall be inserted the words “and to the said section 7(1)”.
Section 14.