Children and Young People (Scotland) Act 2014: National Guidance on Part 12: Services in relation to Children at Risk of Becoming Looked After, etc

Definitions

Child

15. The term 'child' or 'children' refers to persons who have not yet attained the age of 18 years as stated in section 97(1) of the 2014 Act.

Eligible child

16. Under section 68(3) of the 2014 Act, an eligible child is defined as 'a child who the local authority considers to be at risk of becoming looked after'.

Eligible pregnant woman

17. An eligible pregnant woman is a pregnant woman who the local authority considers is going to give birth to a child who will be an eligible child as stated in section 68(5) of the 2014 Act.

Looked after child

18. The definition of a 'looked after child' is set out in Section 17(6) of the Children (Scotland) Act 1995 (the 1995 Act), as amended by the Adoption and Children (Scotland) Act 2007 (the 2007 Act) and Children's Hearings (Scotland) Act 2011 (the 2011 Act). A child is 'looked after' by a local authority when he or she is:

• provided with accommodation by a local authority under section 25 of 1995 Act; or
• subject to a compulsory supervision order or an interim compulsory supervision order made by a children's hearing in respect of whom the local authority are the implementation authority (within the meaning of the 2011 Act); or
• living in Scotland and subject to an order in respect of whom a Scottish local authority has responsibilities, as a result of a transfer of an order under regulations made under section 33 of the 1995 Act or section 190 of the 2011 Act; or
• subject to a Permanence Order made after an application by the local authority under section 80 of the 2007 Act.

Qualifying Person

19. Under section 68(4) of the 2014 Act, a qualifying person in relation to an eligible child is a person:
a) Who is related to the child
b) Who has any parental rights or responsibilities in relation to the child, or
c) With whom the child is, or has been living.

20. The references in section 68 to a person who is related to another person ("the other person") includes a person who-
(a) is married to or in a civil partnership with a person who is related to the other person,
(b) is related to the other person by the half blood.

Qualifying Person in relation to an eligible pregnant women

21. Under section 68(6) of the 2014 Act, a "qualifying person" in relation to an eligible pregnant woman is a person-
(a) who is the father of the child to whom the pregnant woman is to give birth,
(b) who is married to, in a civil partnership with or otherwise related to the pregnant woman,
(c) with whom the pregnant woman is living, or
(d) who does not fall within any of paragraphs (a) to (c) but who the authority considers will, when the pregnant woman gives birth to the child, become a qualifying person in relation to the child.

Relevant Services

22. Under article 2 of the 2016 Order, relevant services for the purpose of section 68 (1) of the 2014 Act are specified as:
a) Family group decision-making services which means a service which is designed to facilitate decision-making by a child's family in relation to the services and support required for the child; and
b) Support services in relation to parenting which means a service which is designed to increase parenting skills.