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The Kinship Care Assistance (Scotland) Order 2016

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111030813

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 99(2) of the Children and Young People (Scotland) Act 2014, for approval by resolution of the Scottish Parliament.

Children And Young Persons

Made 2016

Coming into force 1st April 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 71(2) and (5)(b) and 73(3) of the Children and Young People (Scotland) Act 2014f1, and all other powers enabling them to do so.

In accordance with section 99(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2014 asp 8.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Manner of providing kinship care assistance
  4. 4Kinship care assistance
  5. 5Extension of the definition of eligible child
  6. 6Factors to be taken into account in determining whether a child is at risk of becoming looked after
  7. 7Application for types of kinship care assistance
  8. 8Notification of decision
  9. 9Publication of information about kinship care assistance
  10. Signature
  11. Explanatory note

1Citation and commencement

This Order may be cited as the Kinship Care Assistance (Scotland) Order 2016 and comes into force on 1st April 2016.

2Interpretation

In this Order “the Act” means the Children and Young People (Scotland) Act 2014.

3Manner of providing kinship care assistance

A local authority must provide kinship care assistance in such a way as to safeguard, support and promote the wellbeing of an eligible child.

4Kinship care assistance

For the purposes of section 71(2) of the Act, the following assistance is specified—

(a)

in relation to a person falling within section 71(3)(a) of the Act where the person is considering applying for a kinship care order, the provision of such information and advice as that person may reasonably require for the purpose of making a decision about that matter;

(b)

in relation to a person falling within section 71(3)(a) of the Act where the person is applying for a kinship care order the provision of—

(i)

such information and advice as that person may reasonably require for the purpose of the application; and

(ii)

financial support towards the cost of the application;

(c)

in relation to a child falling within section 71(3)(b) of the Act, the provision of such information and advice as that child may reasonably require for the purpose of facilitating the placement under a kinship care order;

(d)

in relation to a person falling within section 71(3)(c) of the Act—

(i)

the provision of such information and advice as that person may reasonably require in relation to a kinship care order; and

(ii)

the provision of an allowance;

(e)

in relation to a child falling within section 71(3)(d) of the Act—

(i)

the provision of such information and advice as that child may reasonably require for the purpose of facilitating a transition following a placement under a kinship care order; and

(ii)

when the local authority considers it appropriate, the provision of an allowance;

(f)

in relation to a person falling within section 71(3)(e) of the Act—

(i)

the provision of such information and advice as that person may reasonably require in relation to a kinship care order; and

(ii)

the provision of an allowance;

(g)

in relation to a child falling within section 71(3)(f) of the Act—

(i)

the provision of such information and advice as that child may reasonably require for the purpose of facilitating that child’s placement with a guardian; and

(ii)

when the local authority considers it appropriate the provision of an allowance.

5Extension of the definition of eligible child

The description specified for the purpose of section 71(5)(b) of the Act is a child who was previously looked after.

6Factors to be taken into account in determining whether a child is at risk of becoming looked after

For the purpose of considering whether a child is within section 71(5)(a) of the Act, a local authority must consider whether the child’s wellbeing is being, or is at risk of being, adversely affected by any matter, such that the child is at risk of becoming looked after.

7Application for types of kinship care assistance

A person who seeks kinship care assistance of a type described in article 4(b)(ii), (d)(ii), (e)(ii), f(ii) or g(ii) must apply to a local authority.

8Notification of decision

(1)

A local authority must notify a person who applies for kinship care assistance described in article 7 of that local authority’s decision, and the reasons for that decision, as soon as reasonably practicable.

(2)

Notice under paragraph (1) which relates to a payment must include, where applicable—

(a)

the method of determination of the amount;

(b)

where kinship care assistance is to be paid by instalments—

(i)

the amount of each instalment;

(ii)

the frequency of the payment;

(iii)

the period for which kinship care assistance is to be paid; and

(iv)

the date of the first payment;

(c)

where kinship care assistance is to be paid as a single payment, the amount and the date the payment is to be made.

9Publication of information about kinship care assistance

(1)

A local authority must publish information in relation to the provision of kinship care assistance in that local authority’s area, including—

(a)

the local authority’s policy in relation to provision of kinship care assistance;

(b)

the local authority assessment criteria for a kinship care placement;

(c)

the local authority’s application process for kinship care assistance of a type defined in article 4(b)(ii), (d)(ii), (e)(ii), (f)(ii) or (g)(ii);

(d)

the rate at which allowances are payable;

(e)

any further information that the local authority considers relevant.

(2)

A local authority must—

(a)

keep published information under review; and

(b)

where appropriate, publish revised information.

Signature

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This Order make provision for the duties and functions of local authorities in respect to kinship care assistance.

Article 3 provides that a local authority must have regard to the wellbeing of the child in the consideration of the provision of kinship care assistance.

Article 4 specifies the categories of kinship care assistance provided by local authorities.

Article 5 specifies the circumstances in which a child is an eligible child for the purpose of section 71(5) of the Children and Young People (Scotland) Act 2014.

Article 6 specifies the factors which a local authority must consider as to whether a child is at risk of becoming looked after.

Article 7 specifies the types of kinship care assistance that require an application.

Article 8 provides that a local authority must notify the applicant of the decision to provide kinship care assistance or financial support falling within article 4(b)(ii), (d)(ii), (e)(ii), (f)(ii) and (g)(ii).

Article 9 provides that local authorities must publish information about the provision of kinship care assistance.

A Business Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. A copy of this can be obtained from the Directorate for Children and Families and from the Scottish Government website.