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

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.


How to Apply for Kinship Care Assistance

67. If a person is seeking financial kinship care assistance they must apply to the local authority where they reside for that assistance. This includes applying for the allowance that may be provided, currently the Scottish Recommended Allowance, or for financial support towards the cost of an application for a kinship care order, where a person is applying for, or considering applying for, a kinship care order in relation to a child who is under the age of 16 and who was previously looked after or who is at risk of becoming looked after.

68. It is recommended that any regular allowance should be reviewed by the local authority in line with their local policies to take account of any changes to carers’ circumstances or means tested child related state benefits.

69. Local authorities must publish their processes for applying for this assistance. This is further discussed below.

Notifying a person who has applied for kinship care assistance of a local authority’s decision

70. A local authority must notify a person who has applied to them for financial kinship care assistance (as described at paragraph 15) of the local authority’s decision, and the reasons for the local authority's decision, as soon as reasonably practicable.[64]

71. Such a decision must include, where applicable, the following information:

  • The method of determination of the amount;
  • Where kinship care assistance is to be paid by instalments
    • The amount of each instalment;
    • The frequency of the payment;
    • The period for which the kinship care assistance is to be paid and
    • The date of the first payment;
    • Where kinship care assistance is to be paid as a single payment, the amount and the date the payment is to be made.

Publication of information about kinship care assistance

72. A local authority has a duty to publish information about the provision of kinship care assistance in their local authority area.[65] This information must include the following:

  • The local authority’s policy in relation to the provision of kinship care assistance;
  • The local authority’s assessment criteria for a kinship care placement;
  • The local authority’s application process for providing financial kinship care assistance;
  • The rate at which allowances are payable; and
  • Any other information that the local authority considers relevant.

73. The local authority must also keep this information under review and, where appropriate, publish revised information.

74. It is also recommended that local authorities publish information on how to request information and advice.

Contact

Email: Mariella.Matheson@gov.scot

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