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

4. Exceptions to providing Continuing Care

There are three circumstances where a local authority does not have a duty to Continuing Care to an eligible young person^[18]:

a) if the young person was accommodated in secure care immediately before ceasing to be looked after;

b) if the young person was in care where the carer/provider has indicated that they are unable or unwilling to continue to provide care; or

c) if the local authority considers that providing the care would significantly adversely affect the welfare of the person^[19]. This must be evidenced in a Welfare Assessment.^[20] More detail on Welfare Assessments can be found at section 7.

The duty to provide Continuing Care ceases if^[21]:

a) the person leaves the accommodation of their own volition,

b) the accommodation ceases to be available (see below), or

a) in exceptional circumstances, the local authority considers that remaining in the current home would significantly affect the welfare of the person. This must be evidenced in a Welfare Assessment^[22].

The 1995 Act defines the situations in which the duty to provide Continuing Care ceases as a result of accommodation ceasing to be available^[23]; this includes:

a) in the case of a care placement, where the carer indicates to the authority that the carer is unable or unwilling to continue to provide the placement,

b) in the case of a residential establishment provided by the local authority, where the authority closes the establishment,

c) in the case of a residential establishment provided under arrangements made by the local authority, where the arrangements come to an end.

Where accommodation ceases to be available, this will only be applicable in exceptional circumstances such as a residential establishment closing without any alternative provision being provided, or where the arrangements under which the establishment was provided come to an end. It will not be due to the accommodation provider being unwilling to continue the placement, unless section 26A(7)(c) of the 1995 Act applies and the local authority considers that remaining in the placement would significantly adversely affect the welfare of the young person.

For whatever reason it ceases, once Continuing Care comes to an end the local authority is still under a duty to assess the young person for Aftercare support (by virtue of section 29(5) of the 1995 Act) and, if the young person applying for support is deemed to have eligible needs which cannot otherwise be met, the local authority is under a duty to provide the young person with such advice, guidance and assistance as it considers necessary for the purposes of meeting those needs (potentially up to their twenty-sixth birthday). If the young person is deemed not to have capacity, a guardian may apply on their behalf and should be provided with the advice and guidance necessary to meet the young person’s needs.