Wales limits children’s care to public & not‑for‑profit
If you work in children’s social care in Wales, a significant rule change lands on 1 April 2026. Welsh Ministers signed the Regulated Services (Registration) (Wales) (Amendment) Regulations 2026 on 12 January 2026. In plain terms, they change who is allowed to run key children’s services and what evidence you must submit when you apply. We’ve read the legislation on legislation.gov.uk and Welsh Government notices so you don’t have to wade through legal text.
Here’s the headline change you need to know. Under section 6A(1) of the Regulation and Inspection of Social Care (Wales) Act 2016, as updated by the Health and Social Care (Wales) Act 2025, certain “restricted children’s services” can only be provided by local authorities and not‑for‑profit entities. The 2026 Regulations update the registration process so applications clearly demonstrate that providers meet this rule.
Which services are covered by the restriction? The law lists three: children’s home services, secure accommodation services and fostering services. If you run, plan to run, or are transferring any of these, treat yourself as inside the new regime from 1 April 2026. Other social care services remain regulated in the usual way; the not‑for‑profit rule is specific to these three areas.
Who counts as not‑for‑profit in this context? The Act sets a definition and the 2026 Regulations add familiar organisational types you’ll see on forms: a charitable company limited by guarantee without a share capital, a charitable incorporated organisation, a charitable registered society, and a community interest company limited by guarantee without a share capital. In short, your constitution must stop profits being distributed to members and lock assets for community benefit.
If you’re applying to register a restricted children’s service after 1 April 2026, a new regulation (3B) says you must provide extra information listed in a new paragraph 7A of Schedule 1. This is about your constitution and evidence that you meet the not‑for‑profit test. Ministers can waive parts of this if a not‑for‑profit is taking over the same service at the same place from an existing provider and officials already hold enough information about that service. The aim is to keep continuity for children and staff while governance changes hands.
If you already hold registration and need to vary it so you become subject to the section 6A requirement, new regulation 11A says you must also submit the 7A information. The process for varying registration has moved fully online; you access the application through Welsh Government’s pages on registration under Part 1 of the 2016 Act.
Thinking about closing a service or stepping away entirely? The Regulations add new rules on cancellation applications. You must propose a date for the cancellation to take effect, give your reasons, show how you’ll keep meeting legal requirements until the service stops, and set out who you have told. That includes service users, the local authority and the Local Health Board for the area, and any other person affected. Cancellation applications are online only as well.
Corporate details have been tightened too. A revised paragraph 7 of Schedule 1 updates what companies and other bodies corporate must provide: registered office and principal office addresses, email and phone contacts, company number, and-if you’re a charity that isn’t an exempt charity-your charity number. If you sit in a group, expect to supply contact details and company or charity numbers for your holding company and any sister subsidiaries. “Exempt charity” follows the definition in the Charities Act 2011.
What this means in practice: from 1 April 2026, private for‑profit companies cannot register to run children’s homes, secure accommodation or fostering services in Wales. Those services must be run by councils or eligible not‑for‑profits. The 2026 Regulations don’t rewrite care standards; they make sure registrations and variations carry enough proof that the new rule is met and that transitions are managed safely.
Key dates matter. The instrument was made on 12 January 2026 and comes into force on 1 April 2026. If you are a for‑profit provider currently delivering a restricted service, plan a transfer to a local authority or an eligible not‑for‑profit. If you are a not‑for‑profit preparing to step in, line up your governing documents, charity or company registrations, and any group structure evidence now so you can apply quickly and, where appropriate, ask about the waiver when you are taking over at the same location.
A practical note before you start your forms. Applications to vary or cancel run through Welsh Government’s online pages. Keep digital copies of your constitution, proof of charitable or community interest status, and, if relevant, information about your holding company and sister subsidiaries. Ministers have prepared a Regulatory Impact Assessment under their Code of Practice; you can request it from Welsh Government or read it on gov.wales to understand expected costs and benefits.
One final point of clarity. Dawn Bowden, the Minister for Children and Social Care, signed the Regulations on 12 January 2026 under the authority of the Cabinet Secretary for Health and Social Care. That stamp means the timelines and requirements above are set. If you teach or study social policy, this is a live example of how legislation moves from principle to the practical details providers must follow.