Publication - Advice and guidance

Kinship care - Children and Young People (Scotland) Act 2014 - part 13: updated guidance 2024

Published: 20 March 2024
Directorate: Children and Families Directorate
Topic: Children and families, Health and social care
ISBN: 9781835217429

Updated non-statutory guidance to accompany Part 13 of the Children and Young People (Scotland) Act 2014 (Support for Kinship Care) and The Kinship Care Assistance (Scotland) Order 2016 . Designed for practitioners it pays attention to consistency of definition, application of legislation and good practice, and reflects growing knowledge of the particular needs of kinship families.

Supporting documents

Footnotes

1 The relevant provisions of Part 13 of the 2014 Act and the related Kinship Care Assistance (Scotland) Order 2016 (the 2016 Order) came into force on 1^st April 2016. The 2016 Order (see annex C) supplements and supports the implementation of Part 13: Support for Kinship Care of the 2014 Act (see annex B).

2 Getting it right for every child – Practice statement

3 Section 72 of the 2014 Act sets out what a kinship care order is, namely it is a label for existing court orders which give the carer parental rights to regulate where the child lives

4 Section 7 of the 1995 Act

5 Article 3 of the Convention on the Rights of the Child | OHCHR

7 Getting it right for every child

8 The Promise

9 Keeping the Promise implementation plan

10 CELCIS research report - "Overseen and often overlooked"

12 Section 71(2) of the 2014 Act

13 Section 71(3)(a) of the 2014 Act

14 Section 71(3)(a) of the 2014 Act

15 Section 71(3)(b) of the 2014 Act

16 Section 71(3)(c) of the 2014 Act

17 Section 71(3)(d) of the 2014 Act

18 Section 71(3)(e) of the 2014 Act

19 Section 71(3)(f) of the 2014 Act

20 Section 71(3)(a) of the 2014 Act as extended by section 71(5)(b) and Article 5 of the 2016 Order

21 Section 71(3)(c) of the 2014 Act as extended by section 71(5)(b) and Article 5 of the 2016 Order

22 Under section 7 of the 1995 Act a child’s parent may appoint a person to be a guardian for a child in the event of a parent’s death.

23 Section 7 of the 1995 Act as extended by section 71(5)(b) of the 2014 Act and Article 5 of the 2016 Order

24 Section 71(3)(e) of the 2014 Act as extended by 71(5)(b) and Article 5 of the 2016 Order

25 Section 71(3)(b) of the 2014 Act as extended by section 71(5)(b) and Article 5 of the 2016 Order

26 Section 71(3)(d)) of the 2014 Act as extended by section 71(5)(b) and Article 5 of the 2016 Order

27 Section 71(3)(f) of the 2014 Act as extended by section 71(5)(b) and Article 5 of the 2016 Order

28 This is the effect under section 71(4) and section 72(3) of the 2014 Act

29 See section 72 of the 2014 Act for more detail. A kinship care order also includes a residence order which has the effect of the child living with or predominately living with a qualifying person; or an order under section 11(1) of the 1995 Act appointing a qualifying person as a guardian of a child.

30 This is dependent on whether the kinship care order had been granted in respect of a qualifying person in accordance with section 72 of the 2014 Act

31 Section 1 of the 1995 Act

32 Section 2 of the 1995 Act

33 Part 2 of the 1995 Act

34 Section 11(7)(a) of the 1995 Act

35 This is the effect of section 2 and 11(2)(c) of the 1995 Act

36 The definition of a ‘looked after’ child is set out in section 17(6) of the 1995 Act, as amended by the Adoption and Children (Scotland) Act 2007 and the Children’s Hearings (Scotland) Act 2011

37 Section 25 of the 1995 Act

38 Compulsory Supervision Order

39 Interim Compulsory Supervision Order

40 Section 33 of the 1995 Act

41 Section 190 of the Children’s Hearings (Scotland) Act 2011

42 Section 80 of the Adoption and Children (Scotland) Act 2007