Children and Young People (Scotland) Act 2014 part 11 - continuing care: guidance

9. Providing Continuing Care

If a compulsory supervision order (CSO) is being removed prior to Continuing Care beginning (as opposed to Continuing Care beginning when the young person reaches their 18^th birthday), this will be agreed at a children’s hearing. The children’s hearing will need to be assured that appropriate provision has been made for the young person. The explanation regarding the entitlement to Continuing Care should have already been discussed with a looked after young person as part of their throughcare support and prior to a hearing. This information should be included in the report for the hearing.

If it is in the best interest of a young person to remain looked after until eighteen years of age then this should be the recommended option. It is crucial that the young person understands that if they leave Continuing Care at any time they are unlikely to be able to return to Continuing Care.^[40] This does not prevent a local authority re-accommodating a young person under section 25 of the 1995 Act (whereby parents voluntarily place a child, or young person into the care of a local authority). If at all possible, the local authority should consider whether the same home as before would be suitable for the young person.

Local authorities may also provide a voluntary placement under section 25 of the 1995 Act if it is in the best interest of the young person. However, a placement under section 25 of the 1995 Act should not be used as an alternative to a Continuing Care placement. The only exception to this is if the young person has left Continuing Care but it is subsequently in their best interests to return to care. Continuing Care offers significantly more security for the young person than a placement under section 25 of the 1995 Act.

Where the Continuing Care provider is a foster carer, the young person in Continuing Care does not count towards the number of placements permitted in the same home, although realistically at a practical level foster carers are likely to be limited by the number of bedrooms available.

It may be that a foster carer providing Continuing Care will need to apply to be registered as an adult placement in addition to any current registration with children’s services. Whilst this may be seen as an additional responsibility for the service provider it may be required to fulfil their responsibilities to provide Continuing Care in the spirit of the legislation. Further advice is available from the Care Inspectorate^[41].

Failing to register carers as an adult placement provider is not a sufficient reason for not providing a young person with Continuing Care. Local authorities as corporate parents are expected to work collaboratively with providers of foster care to fulfil their obligation to provide Continuing Care. They are also required to report to Scottish Ministers on how they have fulfilled their role as corporate parents.