The Scottish Government Response To 'A Scotland for Children: A Consultation on a Children and Young People Bill'

Right for Care Leavers to Request Assistance

The consultation proposed extending the right of young people leaving care to request help and financial assistance from a local authority up to the age of 25. The current cut-off age of 21 is out of step with typical families who may provide support to their children throughout their adult lives and it is known that care-leavers often face challenges in moving to independent living which their peers may not.

What You Said

88% of respondents agreed with this proposal, mainly because: it reflected what happened in wider society and families; was in keeping with evidence from outwith the UK; and addressed the issue of young people leaving care being developmentally younger than others in their peer group.

There were two main concerns with the proposal. Some respondents (24%) felt the proposal had considerable resource implications which would need to be addressed. 17% of respondents felt that, although young people would have the right to request assistance, this might not come to fruition. This was a view that consistently came across in feedback from detailed discussions with stakeholders during and after the consultation.

The Scottish Government Response

The Scottish Government has listened carefully to the views of stakeholders, partners and colleagues and agrees that a power for care leavers to request assistance will not necessarily mean they will receive support and assistance where required. Therefore, the Bill will include provisions that will require local authorities, when receiving a request for support and assistance from a care leaver (up to and including the age of 25 years old), to assess the request. If, after carrying out this assessment, the local authority is satisfied that the care-leaver has eligible needs which cannot be met through other means, the local authority will be required to provide such advice, guidance and assistance as it considers necessary for the purpose of meeting those needs. This assistance could be in the form of financial support or assistance in kind. Eligible needs will be specified in an order to be made by Scottish Ministers, but it is anticipated that these will cover basic living needs.