Children and Young People (Scotland) Act 2014 part 11 - continuing care: guidance
This refreshed guidance for local authorities on continuing care aims to reflect developments in policy and practice as well as providing clarity to those who provide support services by addressing implementation gaps.
Footnotes
1 Social Care (Self-directed Support) (Scotland) Act 2013: statutory guidance.
2 More detail on GIRFEC can be found in the glossary.
3 Housing Options and Care Leavers, Improving Outcomes into Adulthood, CELCIS, 2015.
4 Children (Scotland) Act 1995 (legislation.gov.uk).
5Staying Put Scotland Guidance, 2013.
6 Care Review Reports – Independent Care Review.
7 Care Review Reports – Independent Care Review.
8 Children (Scotland) Act 1995, section 17.
9 Section 26A(3) of the 1995 Act. This duty is subject to certain exceptions in section 26A(5).
10 Section 26A(1) of the 1995 Act states that the section applies where an eligible person ceases to be looked after by a local authority and section 26A(2) defines an “eligible person” as a person who is at least sixteen years of age and is not yet such higher age as may be specified in an Order made by Scottish Ministers. The higher age for 'eligible persons' was increased from twenty years of age to twenty-one years of age: SSI 2015/158, Article 2 amended by SSI 2019/91.
11 As per section 17(6) of the 1995 Act, a child is “looked after” by a local authority whenever (a) the local authority is providing the child with accommodation under section 25 of the 1995 Act; (b) the child is subject to a compulsory supervision order or an interim compulsory supervision order and in respect of whom the local authority is the implementation authority; (c) the child is the subject of an order in accordance with which the local authority has responsibilities as respects the child; or (d) a permanence order has been made in respect of the child.
12 Section 26 of the 1995 Act outlines the types of accommodation which a local authority may provide for a looked after child under section 25 of that Act.
13 Subject to certain limited exceptions as set out in section 26A(5) of the 1995 Act.
14 i.e. a school that also provides accommodation for children and young people.
15 i.e. a school which provides additional support to children and young people; such support may be in place to assist a child or young person with additional or complex needs.
16 How Good Is Our School? (“HGIOS?”) (4th Ed.) (How good is our school? (4th edition) (education.gov.scot)), under Quality Indicator 2.6 (Learning Provision: Transitions).
17 Section 26A(4) of the 1995 Act.
18 As outlined in section 26A(5) of the 1995 Act.
19 Section 26(5)(c) of the 1995 Act.
20 The Continuing Care (Scotland) Order 2015, Articles 4 and 7.
21 Section 26A(7) of the 1995 Act.
22 Continuing Care (Scotland) Order 2015, Articles 4 and 7.
23 Section 26A(8) of the 1995 Act.
24 Section 26A(4) of the 1995 Act.
27 Education (Additional Support for Learning) (Scotland) Act 2004
28 Section 26A(5)(c) of the 1995 Act.
29 Article 4 of the Continuing Care (Scotland) Order 2015.
30 Article 6 of the Continuing Care (Scotland) Order 2015.
31 Article 7(1) of the Continuing Care (Scotland) Order 2015.
32 Article 7(3) of the Continuing Care (Scotland) Order 2015.
33 Article 7(6) of the Continuing Care (Scotland) Order 2015.
34 Article 7(7) of the Continuing Care (Scotland) Order 2015.
35 The wellbeing indicators listed in section 96(2) of the 2014 Act: Safe, Healthy, Achieving, Nurtured, Active,
Respected, Responsible, and Included.
37 Continuing Care and the Welfare Assessment: Practice Note
38 Article 5 of the Continuing Care (Scotland) Order 2015.
39 Section 26A(7)(c) of the 1995 Act.
40 Section 26A(7)(a) states that continuing care ceases if the person leaves the accommodation of their own volition.
42 Though this should not preclude local authorities considering other suitable options appropriate to the young person’s needs.
43 Section 26A(7)(a) of the 2015 Act.
44 Section 26A(7)(b) of the 1995 Act.
45 As set out in section 26A(8) of the 1995 Act.
46 Section 26A(4) of the 1995 Act.
47 As set out in the Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016.
48 Section 29(5) of the 1995 Act.
49 Section 29(1) of the 1995 Act.
50 Section 29(2) of the 1995 Act.
51 Eligible needs are defined in Article 2 of the Aftercare (Eligible Needs) (Scotland) Order 2015.
52 Section 29(5A)(a) of the 1995 Act.
53 Section 29(5A)(b) of the 1995 Act.
54Section 29(5B) of the 1995 Act.
56 Children and Young People’s Commissioner Scotland website
57 Complain about a social work department.
58 How to complain about a public service | SPSO.
59 Section 26A(10) of the 1995 Act.
61 Looked After Children (Scotland) Regulations 2009: Regulation 6 – The Death of a Looked After Child
62The Looked After Children (Scotland) Amendment Regulations 2009
63 Taking a children's human rights approach: guidance
64 Section 29(1) and (2) of the 1995 Act.
65 Section 26(1)(a) of the 1995 Act.
66 Section 26A(13) of the 1995 Act.
67 Children and Young People (Scotland) Act 2014, schedule 4 corporate parents
68 Definition is adapted from Sonia Jackson’s definition of “parenting” presented in M. Davies (ed)(2000) The Blackwell Encyclopedia of Social Work, Oxford, Blackwell, and cited in the Scottish Government (2008) These Are Our Bairns: A Guide for Community Planning Partnerships on Being a Good Corporate Parent)
69 Social Care (Self-directed Support) (Scotland) Act 2013: statutory guidance
70 Section 17(2) of the 1995 Act.
Contact
Email: Deborah.Davies@gov.scot
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