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Tuesday, 15 July 2014

Local Authority' Duty to provide Sufficient Play Opportunities

Commencement of sections 11(3) and 11(4) of the Children and Families (Wales) Measure 2010. 

On 1 July 2014 Welsh Ministers commenced the duty on Local Authorities to secure sufficient play opportunities for children in their areas, so far as reasonably practicable, having regard to their play
sufficiency assessments and action plans. Also commenced was the duty to publish information about play opportunities for children in the Local Authority’s area and keep this information up to date.

These duties were commenced under sections 11(3) and 11(4) Play Opportunities of the Children and Families (Wales) Measure 2010. This completes the commencement of this section of the Measure. The full duty is now in effect and states that:

Local authority duties in respect of play opportunities for children

(1) A local authority must assess the sufficiency of play opportunities in its area
for children in accordance with regulations.

(2) Regulations may include provision about—

a. The matters to be taken into account in assessing sufficiency.
b. The date by which a first assessment is to be carried out.
c. Frequency of assessments.
d. Review of assessments.
e. Publication of assessments.

(3) A local authority must secure sufficient play opportunities in its area for
children, so far as reasonably practicable, having regard to its assessment under
subsection (1). (Commenced 01 July 2014)

 (4) A local authority must—

a. publish information about play opportunities in the authority’s area for
children, and
b. keep the information published up to date.
 (Commenced 01 July 2014)

 (5) In performing its duties under this section, a local authority must have regard
(among other things)—

a. to the needs of children who are disabled persons (within the meaning of
section 1 of the Disability Discrimination Act 1995 (c. 50).
b. to the needs of children of different ages.

(6) In this section—

“play” includes any recreational activity;
“sufficient”, in relation to play opportunities, means sufficient having regard to
quantity and quality.

Statutory Guidance to Local Authorities giving full detail on complying with this
duty will be published and available on the Welsh Government website in the
near future. You will be sent a link to this guidance at that time.

Yours sincerely,

Martin Swain
Dirprwy Gyfarwyddwr Plant, Pobl Ifanc a Theuluoedd
Deputy Director Children, Young People and Families

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