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

What Kinship Care Assistance may be Provided by a Local Authority

45. The Promise states that children should get the support they need for as long as they need it, in a way that reduces risk and further trauma, which is reflected in the principles underpinning kinship care assistance. The Scottish Government is committed to Keeping the Promise.

46. The boxes at paragraph 15 set out what kinship care assistance must be provided by a local authority. A local authority must make arrangements to ensure that kinship care assistance is made available to a person residing in its area who is entitled to such assistance.

47. Practitioners should also consider how the principles of Getting it right for every child assist in formulating a care plan to meet the needs of the child and support to the kinship carer, prospective kinship carer or guardian. The care plan should be informed by the needs of the child and the kinship carer, prospective kinship carer or guardian. It should actively consider how good quality family support in kinship situations ensures a child’s wellbeing and maintains them in a secure family setting.

48. Supports should take account of the universal provision within education, health, and third sector organisations operating within the local area.

49. Practical support around prioritisation for Housing, Education and Welfare Benefits advice should also reflect kinship arrangements and be given priority. For example, children living in a kinship care family, including those covered by this guidance, are also included within the definition of two-year-olds able to access early years provision.

Information and Advice

50. The boxes at paragraph 15 describe information and advice which must be given in particular circumstances.

51. This includes information and advice given to people when they are considering whether to apply for a kinship care order. In this situation, such information and advice should include: the importance of legal certainty for the child; who is best placed to provide this; the legal options for achieving legal certainty, and the implications of each of these options.

52. The above must be placed in the context of Getting it right for every child and the ‘minimum intervention’ principle, and as part of care planning for children. Practitioners must have the necessary knowledge and skill to undertake these important discussions with kinship carers and prospective kinship carers and guardians.

Wider supports that may be provided

53. This guidance also details the emotional and practical support which a local authority may additionally choose to provide. Examples of what this may look like in practice are offered below. In all of these examples the carer and or child are entitled to access kinship care assistance.

54. Practical support is of particular value to kinship carers, prospective kinship carers and guardians, regardless of the legal context within which they care for the child. This can take many forms, and local authorities should consider how to respond to the identified needs of individual kinship families. For example, the local authority may consider providing furniture, supporting the provision of short breaks, or providing equipment for the child’s hobby or interest. Examples are provided at paragraph 80 of this guidance.

55. The provision of such practical support aligns to the Promise and Getting it right for every child foundation of providing the right support at the right time in order to support a child to live securely within their family. This is assessed using the Getting it right for every child practice model and the wellbeing indicators paying particular attention to the unique aspects within many kinship care situations, such as the complexity of family dynamics.

Examples: Information and Advice

Information and Advice under kinship care assistance and wider supports – Example 1

Janice is kinship carer to her granddaughter Karla, who is 6, and was previously looked after in foster care.

Like many kinship carers Janice has struggled with feelings of failure and guilt about her own parenting of her daughter, Karla’s mum, and adjusting to now parenting Karla. This sometimes manifests itself in spoiling Karla as a grandmother would, yet also trying to be her parent. These confusing messages are beginning to impact on Karla's behaviour, and are distressing Janice.

To ensure Janice can provide the best care for Karla she has received as part of kinship care assistance extensive information and advice on what it means to have a kinship care order, as Janice is considering applying for a kinship care order. The local authority also provides Janice with information, advice and financial support so that she can apply for the kinship care order. Janice was advised to seek independent legal advice and given funding towards the cost of legal proceedings. Janice was also supported to attend appointments.

In addition to this her local authority has decided to provide her with emotional support to allow her to fully consider the implication of holding a kinship care order in respect of Karla.

The local authority also signposted Janice to a local charity who offer counselling to kinship carers. The family support service began life story work with Karla, to help her understand her journey and strengthen her relationship with Janice.

Information and Advice under kinship care assistance and wider supports – Example 2

Michael has a guardianship order under section 7 of the 1995 Act for his godson Stephen, who is 10. Stephens’s parents died in tragic circumstances when he was 4 and had named Michael as his guardian. Stephen was subject to a compulsory supervision order when he was a baby, though that ended a year later.

Michael successfully applied for kinship care assistance and was awarded an allowance as Stephen was previously looked after. A wellbeing assessment was undertaken using the Getting it right for every child national practice model, which indicated that for Stephen to thrive now and in the future information and advice in the form of parenting guidance would help Michael.

Additionally, to strengthen their relationship both Michael and Stephen would benefit from some time away from each other: Michael to maintain his hobbies, which are important to him, and Stephen to develop his social and communication skills.

With no extended family who could be supported to provide this, enquiries from the school and social workers show that Stephen has a close friend whose parents would be happy to assist, and include Stephen in weekends away in their caravan, activities and occasional overnight sleepovers. After discussion, rather than this being a formal arrangement which would require them to be assessed as short break foster carers, and Stephen becoming looked after by dint of a series of short breaks, Michael is provided, separately from kinship care assistance, with funding to facilitate regular short breaks using Self-directed Support Option 1 as outlined in the Social Care (Self-direct Support) (Scotland) Act 2013.^[59]

Financial support

56. The boxes at paragraph 15 describe financial support which must be given in particular circumstances.

Financial costs associated with applying for a kinship care order

57. A local authority must support those entitled to kinship care assistance with financial support towards the cost of applying to court for a kinship care order. Local authorities may provide support to kinship carers or prospective kinship carers who do not meet this criteria on a discretionary basis, if this would be in the best interests of the child.

58. Those entitled to kinship care assistance may be eligible for Legal Aid for support with the costs of the court application and may be asked to apply for this before the local authority can confirm the extent of their financial support, in line with local policies.

Financial support to a child

59. Local authorities may also provide financial support to a child who has attained the age of 16 and is entitled to kinship care assistance, where this is assessed as being appropriate. Financial support on a one-off or a regular basis may also be provided where this is deemed appropriate for kinship carers or guardians who are not included in the boxes at paragraph 15.

Care Experienced Bursaries

60. Young people who live with a person entitled to kinship care assistance and have been previously ‘looked after’ may be entitled to a Care Experienced Bursary, if they are continuing their education and studying for any eligible full-time course. Further information can be viewed on the Student Awards Agency Scotland website at Support for Care Experienced students.

Scottish Recommended Allowance

61. In September 2023, the Scottish Government announced that, for the first time in Scotland, there would be a recommended national allowance payable to cover the costs of caring for a looked after child in kinship or foster carer and carers who meet the criteria as laid out in Part 13 of the 2014 Act. This is known as the ‘Scottish Recommended Allowance’^[60]. Current policy is that those carers will receive a weekly rate no matter where in Scotland they live. For kinship carers and guardians seeking an allowance as part of kinship care assistance, they must meet the criteria outlined in the boxes at paragraph 15 of this guidance.

62. The allowance is to ensure that children in those situations are able to have the same experiences and opportunities as other children. It provides financial support for clothing, pocket money, school trips, household expenses and other costs. Scottish Recommended Allowance: information for carers and professionals - gov.scot (www.gov.scot)

63. The allowance, currently paid in the form of the Scottish Recommended Allowance, is payable to those with a kinship care order or those who have been appointed guardians under section 7 of the 1995 Act^[61] and are otherwise eligible for kinship care assistance as long as the child remains the responsibility of the carer and the kinship care order remains in place ie until the child reaches the age of 16. Many local authorities will, however, continue payment until the child leaves school or reaches the age of 18 years.

64. Current policy is that the payment of the Scottish Recommended Allowance must be the equivalent of the local authority’s foster care allowance minus any means tested child related state benefits. This is because those caring for ‘looked after’ children are not entitled to claim standard state benefits such as child benefit, but if the child is not ‘looked after’ the carer may claim those benefits.

65. Current policy is that all local authorities must pay at least the Scottish Recommended Allowance to those who qualify for the provision of an allowance under kinship care assistance.^[62]

66. It is recommended that any entitlement to a financial allowance provided as kinship care assistance is reviewed annually by a local authority in line with their local policies. Where there is a change of circumstances, it is recommended that a person in receipt of kinship care assistance notifies the local authority as soon as reasonably practicable. Good practice would indicate that this is also utilised as an opportunity to update any wider needs.

Example: Allowance

Allowance payable under kinship care assistance

Isabella and Gemma are twins aged 17. They were previously looked after and now live with their grandparents who are pensioners and on a low income. Their grandparents held a kinship care order. Isabella and Gemma’s grandparents continue to receive an allowance, currently the Scottish Recommended Allowance, as the girls remain in full time education and their local authority has opted, in line with good practice, to continue payment of the Scottish Recommended Allowance in situation where children remain in full time education beyond the age of 16 years. This allowance is utilised fully on clothing and caring for the girls.

Like all children, Isabella and Gemma require support as they move into independence. It is agreed at the annual review of the allowance and needs that both girls would benefit from some direct assistance. Given the financial circumstances of the kinship family the local authority considers it appropriate to provide Isabella and Gemma with a small financial allowance to each of the girls direct.^[63]