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

Support available to kinship carers, prospective kinship carers, guardians and children not able to receive kinship care assistance under Part 13 of the Children and Young People (Scotland) Act 2014 and the Kinship Care Assistance (Scotland) Order 2016

75. The ambition of the Scottish Government is that Scotland is the best place in the world to grow up. This is embedded in national policy and legislation.

76. Getting it Right For Every Child is the foundation for the wellbeing of all children in Scotland and Part 13 of the Children and Young People (Scotland) Act 2014 sits within that overarching framework.

77. This means that even where a child and their kinship carer, prospective kinship carer or guardian may not be able to access support under Part 13, where there is a concern about a child there is still a duty on the local authority and partners to assess their wellbeing needs and provide appropriate support to facilitate and secure a child’s wellbeing in their family.

78. To access such support, a child, their family or other professionals may ask the child’s named person/key worker to assist, or make a direct referral to a particular service. This may result in an assessment of wellbeing and a child’s plan within the Getting it right for every child framework being put in place to provide the support needed.

79. A child’s plan may be the result of a single agency working with the child and their carers e.g. education or health, or a multi-agency group. That plan will outline the support that is needed to help the child and their carer, and should be reviewed regularly with the carer and wider Team Around the Child.

80. That support may take the form of information and advice and financial support as is required by the assessed needs of the child.^[66]

Examples: Support for those not able to receive kinship care assistance under Part 13

Support for those not able to receive kinship care assistance under Part 13 – Example 1

Jacqui and James are 12 and 9 and have lived with their Auntie Jo and Uncle Peter since they were 4 and 7, when their mother was no longer able to provide them with the care they needed. Jacqui and James have had no contact with their mother and her whereabouts remain unknown. To ensure the children have a safe and stable home Jo and Peter gained a kinship care order two years ago.

Though academically able, Jaqui is becoming withdrawn at school and argumentative at home. Jo and Peter recognise Jaqui is now struggling with the absence and loss of her mother and ask the school for assistance.

A Getting it right for every child wellbeing assessment is undertaken by the pastoral head alongside Jacqui, her aunt and uncle. This results in a plan for the school counsellor to undertake some specific direct work with Jacqui on her family and feelings, and the pastoral head agrees to meet regularly with Jo and Peter to discuss how they can help Jacqui feel safe and secure in order to thrive now and in the future, and if further assistance is needed. They also agree that some life story work might be useful for James at the appropriate point in the future. Kinship care assistance under Part 13 is not applicable in this circumstance as Jacqui and James were not previously looked after, and are not at risk of becoming looked after.

Support for those not able to receive kinship care assistance under Part 13 – Example 2

Abigail and Simon are 6 and 8 years old and live with their grandfather, Bill, after losing their mother due to cancer and having had no contact with their father. Like many grandparents in this situation Bill obtained a kinship care order to ensure both children have a safe and stable home. Though there was some social work involvement at the point where their mother died, no formal statutory intervention was in place.

Bill and the children live in a small village where community celebrations are particularly significant and important. The annual fair/gala day is coming up and Abigail has been chosen to be a maid of honour. Bill is on a pension, and also receives child benefit and child tax credit. He is struggling to meet the costs of the outfit and approaches the local authority for assistance to cover the costs of Abigail’s outfit. Social workers are aware of the particular importance within the community of this event and the related financial pressures this can cause for some families. After a brief assessment Bill is provided with funding under section 22 of the 1995 Act to cover the costs of the outfit and related expenses.^[67] Kinship care assistance under Part 13 is not applicable in this circumstance as Abigail and Simon were not previously looked after, and are not at risk of becoming looked after.

Support for those not able to receive kinship care assistance under Part 13 – Example 3

Alexa is 12 and lives with her half-brother Findlay aged 24. Alexa’s mother died when she was a baby and her father recently died after an unexpected illness. Findlay was always clear that he would care for Alexa.

Alexa is currently sleeping on the floor of Findlay's small spare room in his privately rented flat. He approaches Citizens’ Advice Bureau who suggests he seek a kinship care order to provide Alexa with stability and security and to speak to the local authority for support. Findlay does this and is provided with information and advice on seeking a kinship care order in relation to Alexa and on how to access legal aid to cover the costs. The local authority link him into the local kinship care support group where there are some other male kinship carers, and the local authority provide him with ‘set up’ costs of a bed, bedding and storage for Alexa’s room. Findlay is offered the choice of these being provided directly to him, or being given the money to purchase the items himself. Kinship care assistance under Part 13 is not applicable in this circumstance as Alexa was not previously looked after, and is not at risk of becoming looked after.

Support for those not able to receive kinship care assistance under Part 13 – Example 4

Ailsa is 13 and her brother Riley is 11. They have lived with their aunt Rose and uncle Robert since Ailsa was a toddler. Their mother, Andrea struggled with her mental health and extended family assisted by caring for Ailsa and Riley. Andrea recognised that Ailsa and Riley needed stability and that they would be cared for permanently by Rose and Robert.

Robert and Rose applied for and were granted a kinship care order when Ailsa was 7 years old.

Now in early adolescence Ailsa is struggling with not living with her mother. She has become moody, argumentative with her brother and cheeky with her aunt and uncle. Rose and Robert have reached out to the school for assistance. Kinship care assistance under Part 13 is not applicable in this circumstance as Ailsa was not previously looked after, and is not at risk of becoming looked after.

A family meeting is held and a child’s plan within GIRFEC is agreed by the family and school. This includes sessions with the school counsellor for Ailsa, support to access an athletics club, volunteering with a local mental health charity to help her better understand mental health, and regular family time together