Guidance on Part 10 (Aftercare) of the Children and Young People (Scotland) Act 2014

Interpretation Of Key Terms

Aftercare

34. The term 'Aftercare' refers to the advice, guidance and assistance provided to care leavers under section 29 of the 1995 Act. Section 29(1) and (2) of the 1995 Act (as amended by section 66 of the 2014 Act) specifies the descriptions of care leavers that are eligible or potentially eligible for Aftercare. Any young person who ceases to be looked after on or after their sixteenth birthday and is less than twenty-six years of age is eligible (between sixteen and nineteen) or potentially eligible (between nineteen and twenty-six) for Aftercare. Prior to the 2014 Act changes young people who ceased to be looked after beyond their minimum school leaving age and were less than twenty-one years of age were eligible or potentially eligible for Aftercare.

35. It is important to note that eligibility for Aftercare applies to all care leavers, regardless of their placement type while they were looked after.

36. For the avoidance of doubt, young people who were looked after at home are if they meet the criteria following a pathway assessment ^[6] , as eligible for Aftercare support as any other looked after child. Regulation 13 of The Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003 places restrictions on the manner in which financial assistance can be provided as Aftercare support. The type of advice and assistance required, and the manner in which it is provided will differ for individuals but the eligibility of all care leavers to receive advice and assistance is equal.

Care Leaver

37. For the purposes of this guidance a 'care leaver' is a young person who meets the descriptions set out in section 29 and section 30 of the 1995 Act (as amended by section 66 of the 2014 Act).

38. From 1 April 2015 a care leaver is a young person who ceased to be looked after on, or at any time after, their sixteenth birthday. This replaces the previous care leaver definition of a young person who ceased to be looked after on or after their minimum school leaving.

39. Please note that care leavers under the previous definition will continue to be considered care leavers after 1 April 2015, and therefore remain covered by the duties set out in section 29 and section 30 of the 1995 Act (as amended by Part 10 (Aftercare) of the 2014 Act). This definition also applies to duties set out in Part 9 (Corporate Parenting) of the 2014 Act.

Carer

40. The term 'carer' means the family or persons with whom the care placement is made.

Care Placement

41. The term 'care placement' refers to a placement for a looked after child (as described in section 26(1) (a) of the 1995 Act) with a family, relative, or other suitable person or residential establishment.

Continuing Care

42. The term 'Continuing Care' refers to a local authority's duty under section 26A of the 1995 Act to provide, subject to a Welfare Assessment, young people born after 1 April 1999 and who are at least aged sixteen but have not reached the higher age (as specified by Ministerial Orders) and whose final 'looked after' placement is in foster, kinship or residential care with the same accommodation and other assistance as was being provided by the local authority, at the time the young person ceases to be looked after.

43. The aim of Continuing Care is to provide young people with a more graduated transition out of care, reducing the risk of multiple simultaneous disruptions occurring in their lives while maintaining supportive relationships. It is a new term introduced by Part 11 of the 2014 Act. For more information, please refer to the guidance on Part 11(Continuing Care) of the Children and Young People (Scotland) Act 2014.

Corporate Parent

44. The definition of a 'corporate parent' is provided by section 56 of the Children and Young People (Scotland) Act 2014. An organisation or individual is a corporate parent if they are listed, or within a description listed in schedule 4 ^[7] of the 2014 Act.

Corporate Parenting

45. For the purposes of the statutory guidance on Part 9 (Corporate Parenting) of the Children and Young People (Scotland) Act 2014, the term corporate parenting is defined as;

"An organisation's performance of actions necessary to uphold the rights and safeguard the wellbeing of a looked after child or care leaver, and through which physical, emotional, spiritual, social and educational development is promoted." ^[8]

46. In respect to wellbeing, the term 'promoted' means 'actively encouraged or further developed'. The term 'safeguarded' means 'protected from harm or damage'. The term 'affected' means 'influenced, changed'.

47. The necessary actions or duties of corporate parents are set out in Part 9, section 58 (Corporate Parenting responsibilities) of the 2014 Act.

Eligible need

48. Eligible needs are defined in the Aftercare (Eligible Needs) (Scotland) Order 2015 as:

a) financial support to meet essential accommodation and maintenance costs, such as travel and other necessary living expenses;
b) support, in the form of information or advice, to assist the person to access education, training, employment, leisure and skills-related opportunities; and
c) insofar as not covered by sub-paragraph (b), support, in the form of information or advice, relating to the person's wellbeing.

49. Any assessment of a young person's wellbeing will include the SHANARRI indicators (as described in section 96 of the 2014 Act)

50. Eligible needs can be further described as needs which cannot be met through existing universal services and supports.

Looked After Child

51. 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).

52. 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 the 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.

53. To assist in the provision of their care some children and young people with physical and/or mental disabilities are 'looked after' by local authorities (often under section 25 of the 1995 Act). These children and young people are legally 'looked after' and are, therefore, also eligible for Aftercare as set out in Part 10 of the 2014 Act.

54. A child who has been adopted, or a child who is living with friends or relatives and is subject to a Kinship Care Order under section 11 of the 1995 Act, is not considered formally 'looked after'.

55. The legal route by which a child became looked after has no relevance to their entitlement for Aftercare support. If a child is looked after, by any of the means set out above, the duties set out in section 29 and section 30 of the 1995 Act (as amended by the 2014 Act) apply.

56. Young people can be uncomfortable with the label 'looked after child', so the terms 'looked after young person' or 'looked after young people' are used in this guidance and refer to any individual falling into the 'looked after child' definition provided above.

Throughcare

57. The term 'throughcare' refers to the advice and assistance provided to looked after children with a view to preparing them for when they are no longer looked after by a local authority. Local authorities are under a duty to provide such assistance to all looked after children under section 17(2) of the 1995 Act. For more guidance on throughcare, please refer to the Supporting Young People Leaving Care in Scotland: Regulations and Guidance on Services for Young People Ceasing to be Looked After by Local Authorities published in 2004.

Wellbeing (as described in section 96 of the 2014 Act)

58. Section 96(2) of the 2014 Act describes wellbeing in terms of eight indicators. A person assessing a child or young person's wellbeing is to do so by reference to the extent to which the child or young person is or, as the case may be, would be:

• Safe: protected from abuse, neglect or harm.
• Healthy: having the best possible standards of physical and mental health, supported to make healthy and safe choices.
• Achieving: accomplishing goals and boosting skills, confidence and self-esteem.
• Nurtured: having a nurturing and stimulating place to live and grow.
• Active: having opportunities to take part in activities.
• Respected: being given a voice, being listened to, and being involved in the decisions which affect their wellbeing.
• Responsible: taking an active role within their home, school and community.
• Included: being a full member of the communities in which they live and learn, receiving help and guidance to overcome inequalities.

59. These eight wellbeing indicators are sometimes known collectively by the acronym ' SHANARRI'. While each indicator is separately defined, in practice they are connected and overlapping. Taken together the eight indicators offer a holistic view of each child or young person, identifying strengths as well as barriers to growth and development.