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.
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 1st 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
5 Article 3 of the Convention on the Rights of the Child | OHCHR
6 See also Article 8 of the European Convention on Human Rights
7 Getting it right for every child
9 Keeping the Promise implementation plan
10 CELCIS research report - "Overseen and often overlooked"
11 See also for example, Article 12 of the Convention on the Rights of the Child; Getting it right for every child; section 33(7) of the 2014 Act; section 6(1) of the 1995 Act; section 32(1) of the Adoption and Children (Scotland) Act 2007; and section 27(3) of the Children’s Hearings (Scotland) Act 2011
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
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
38 Compulsory Supervision Order
39 Interim Compulsory Supervision Order
41 Section 190 of the Children’s Hearings (Scotland) Act 2011
42 Section 80 of the Adoption and Children (Scotland) Act 2007
43 Section 71(3) of the 2014 Act
47 Regulation 10 of the Looked After Children (Scotland) Regulations 2009
48 Regulation 13 of the Looked After Children (Scotland) Regulations 2009
50 Section 71(5)(a) of the 2014 Act
52 See also section 96 of the 2014 Act
53 Article 6 of the 2016 Order
54 Early learning and childcare expansion
56 Promotion of contact between looked after children and siblings
57 Section 11(7)(a) of the 1995 Act
58 Section 4 of the Social Care (Self- directed support) (Scotland) Act 2013
59 Options for self-directed support
60 Scottish recommended allowance: information for carers and professionals - gov.scot (www.gov.scot)
62 Scottish recommended allowance: information for carers and professionals - gov.scot (www.gov.scot)
63 Article 4 of the 2016 Order
64 Article 8 of the 2016 Order
Contact
Email: Mariella.Matheson@gov.scot
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