Terms of reference

1. The purpose of the Eliminating Profit from the Care of Children Looked After Programme Board (“the programme board”) is to oversee and advise on implementation of the Programme for Government commitment to ‘Eliminate private profit from the care of looked after children’, being taken forward through the provisions within the Health and Social Care (Wales) Act 2025 (“The Act”).

2. The Programme Board was initially established in September 2021 following publication of the initial Programme for Government in July 2021.

3. Following a consultation in 2022 the Health and Social Care (Wales) Bill was introduced in May 2024. This included provisions to eliminate profit from the care of looked after children, in line with the Programme for Government commitment. The Bill was passed by Senedd Members in February 2025 and received Royal Assent on 24 March 2025, becoming an Act.

4. The Act is being brought into force in a phased way to minimise disruption to children and their carers:

• From 1 April 2026: No new 'for-profit' children’s home, secure accommodation, or fostering services permitted to register. Existing providers of children’s home, secure accommodation, or fostering services cannot vary their registration to add a new 'for-profit' service or place.
• From 1 April 2027: No additional beds can be added to existing 'for-profit' children's homes. No new foster carers approved by existing for-profit providers of a fostering service.
• From 1 April 2030 (or earlier): Children cannot be placed into the care of a for-profit service provider, apart from in exceptional circumstances. (For example, if no suitable places are available in not-for-profit services)

Scope

5. The initial focus of this work will be on the services covered within the Act namely children’s homes, fostering services and secure accommodation services (collectively known within the Act as ‘restricted children’s services’).

Structure

6. The Programme Board is underpinned by 2 workstreams chaired by programme board members:

• Workstream 1: To identify and advise the Eliminating Private Profit from the Care of Looked after Children Programme Board on action to be taken to expand, and develop new, local authority and regional and not for profit provision of residential and foster care placements. 

  Chair: Craig Macleod.

• Workstream 2: To identify and advise the Eliminating Private Profit from the Care of Looked after Children Programme Board on action to be taken to expand, and develop new, not for profit provision of residential and foster care placements. 

  Chair: To be confirmed.

7. Workstream chairs will provide an update on workstream activities at each programme board meeting along with any suggestions from workstream members to update the programme risk register held by the programme board. Chairs will also be responsible for cascading any key messages or actions to workstream members.

8. The Programme Board will be chaired by the Chief Social Care Officer for Wales, Albert Heaney who will be supported by a programme team.

9. The chair will be supported by a Deputy Chair, Alistair Davey, Deputy Director, Enabling People Division, Social Services and Integration Directorate and Senior Responsible Officer (SRO) for the Act and the eliminating profit programme.

10. The chair will highlight and direct areas of work and provide a challenge function to Board Members.

11. The chair is accountable to the Minister for Children and Social Care and the First Minister for the delivery of the programme and holds responsibility for decisions put to Ministers.

12. Programme Board members are expected to work collectively to provide advice and guidance to the Chair (and Programme Team). Members will be expected to communicate with relevant colleagues in their organisations and, within Welsh Government, their Director General areas.

13. Members will be expected to provide advice which enables decisions to be taken. Board members cannot work in isolation from each other; building constructive relationships across the whole membership of the board is necessary to delivering the programme.

14. Members are expected to consider papers circulated by the secretariat prior to each meeting and respond if  requested within the timescales set.

15. Given the nature and content of board discussions members will be expected to treat all board discussions and papers as confidential. However, a summary of key issues discussed will be developed after every meeting of the board by the secretariat for publication on the Welsh Government website.

16. Any requests to share board papers or discussions with other individuals or organisations must be made to the secretariat for consideration.

17. The Programme team is comprised of members of the Eliminating Profit team within the Welsh Government Social Services and Integration Directorate.

18. The Programme team will act as secretariat to the Programme Board, ensuring that information is provided to board members in a timely manner to enable them to provide advice. Programme Board papers be provided to all members and attendees at least 3 working days before meetings.

19. The chair and board members can suggest attendees to participate for specific items. Attendee’s roles can be to provide additional information, advice or guidance as well as a challenge function. They will not have a decision-making role. Attendees may be representing external organisations that will have a role in the delivery of the programme.

20. Observers can request or be invited to board meetings, but prior approval must be sought from the chair.

21. The Programme Board is responsible for a range of tasks under the following areas.

Oversight and advice on:

• programme administration, planning and data
• policy development, implementation and evaluation
• communications

Specific tasks under these areas are set out below.

22. Agree these Terms of Reference or propose additional or replacement terms that achieve the purpose.

23. Review these Terms of Reference every 6 months.

24. At each Programme Board meeting consider, advise on, agree and regularly review the Programme Board’s actions, risk register and lessons learned. 

25. Oversee and advise on Welsh Government’s National Programme Plan Removing Profit from the Care of Children Looked After (“The National Programme Plan”). This includes continually reviewing that as far as possible, plans are realistic and properly resourced.

26. Consider current data relating to the programme including market intelligence reports from the 4C’s along side Welsh Government’s 6-monthly reports on the transition to a not-for-profit model (which include data from StatsWales, CIW, 4C’s and Foster Wales). Advise on potential actions and areas where additional data may be required.

27. Consider updates from Welsh Government officials on specific areas of policy development linked to the eliminating profit provisions of the Act and provide advice and constructive challenge as appropriate. Going forward the Board will also consider how the programme can be evaluated in the lead up to and following key implementation milestones.

28. Oversee and advise on Welsh Government’s communications planning for the programme and any other organisations as appropriate.

29. The Programme Board will meet 3 times per year, avoiding the summer period where possible.

30. If a member is unable to attend a meeting, a substitute should be considered, and the programme team notified beforehand.

Chair

Albert Heaney, Chief Social Care Officer for Wales.

Deputy chair / senior responsible officer (SRO)

Alistair Davey, Deputy Director, Enabling Peoples, Social Services and Integration Directorate.

Association of Directors of Social Services Cymru (ADSS) Cymru

Craig Macleod (Also Workstream 1 Chair).

Fôn Roberts.

All Wales Heads of Children's Services Group (AWHoCS)

Sharon Powell.

Rhiain Morrlle.

Welsh Local Government Association (WLGA)

Naomi Alleyne.

Stewart Blythe.

Care Inspectorate Wales (CIW)

Margaret Rooney.

Social Care Wales (SCW)

Sarah McCarty.

Children’s Commissioning Consortium Cymru (the 4Cs)

Karen Benjamin.

Helen Pugh.

NHS Wales Joint Commissioning Committee

Adrian Clarke.

Child and Adolescent Mental Health Services (CAMHS) Adviser to Welsh Government and the Chief Medical Officer

Dave Williams.

Welsh third sector fostering agencies / national fostering framework / Foster Wales / small to medium enterprise representation

Sarah Coldrick, AFKA Cymru.

Sam Frith-Jones, AFKA Cymru.

Laurie Ryall, Action for Children.

Sarah Thomas, The Fostering Network.

Suzanne Griffiths, Foster Wales.

Nationwide Association of Fostering Providers

Harvey Gallagher.

Independent Care Home Providers

Darryl Williams, Woodlands Limited.

Paul Thomas, Landsker.

Siobhan Carey, Accomplish group.

Children’s Commissioner for Wales

Rachel Thomas.

Voices from Care

Deborah Jones.

Tros Gynnal Plant (TGP) Cymru

Sarah Durrant.

Unison

Mark Turner.

GMB Union

Tom Hoyles.

South Wales Police

DCS Davis.

Welsh Government National Commissioning

Maria Bell.

Workstream 2 Chair

To be confirmed.

Workstream 1 Chair

Craig Macleod. (Also ADSSC representative)

Welsh Government officials

Penny Hall, Head, Improving Outcomes for Children Team.

Tom Cleaver, Head of Eliminating Profit (Programme Team).

Neil Jones, Programme Team.

Jasmin Jordan, Programme Team.

Judith Cole, Local Government Finance and Local Government Policy.