Over the last 3 years, KCASS has heard in Kinship Forums, workshops and from enquirers about variations in practice across Scotland implementing continuing care for young people living in Kinship families. This variation features in preparing and advising young people and their kinship carers of their rights, as well as understanding and meeting the legislation and eligibility criteria for continued care. This can result in many young people living in Kinship families not accessing the same support and resources they need in comparison to other care settings. This practice note is intended to highlight the importance of preparing and supporting looked-after children placed with kinship carers for continuing care.
Children and young people living in kinship families now make up the highest population of looked-after children in Scotland, with 33% of all looked-after children living in kinship care (Scottish Government, 2023). Therefore, it is crucial that local authorities prepare, plan, and resource this increase to ensure young people living in kinship families can access continuing care if they request this option. As a nation, we must encourage our young people where it is assessed as appropriate to ‘stay put’ with their kinship carers for as long as they need before considering leaving the family arrangement. The Scottish Government’s aim of Continuing Care is “to provide young people with a more graduated transition out of care, reducing the risk of multiple simultaneous disruptions occurring in their lives while maintaining supportive relationships.” (Scottish Government, 2016)
Scottish Government has committed to achieving the key principles of the ‘Staying Put Scotland Guidance (2013) which traditionally was considered for residential and foster care to kinship Care. These principles are:
The term ‘Continuing Care’ refers to a local authority’s duty, subject to a welfare assessment, to provide continuing care to young people who are at least aged 16 and who’s final ‘looked after’ placement was in foster, kinship, or residential care with the same accommodation, immediately before the young person ceased to be looked after. To be eligible for continuing care in Scotland the young person MUST be a ‘looked after child’ at the age of their 16th birthday and planning to stay within the kinship household for the near future. This can last until the young person’s 21st birthday. A ‘looked-after child’ is a child or young person whose legal status is:
Many kinship carers and practitioners are not aware that if a Compulsory Supervision Order is terminated before the young person is 16 years old, this will affect their eligibility for continuing care as they will no longer be eligible for support. Therefore, it is important that access to continuing care is discussed at an earlier stage of care planning. For those kinship carers who have obtained a Kinship Care Order, the young person will not be entitled to continuing care as they are no longer a ‘looked after child’ even if they were ‘previously looked after.’ Therefore, it is important that kinship carers are made aware of this by local authorities and that both kinship carers and practitioners are encouraged to seek legal advice to assist in making informed permanence decisions.
The reality is that many young people living in kinship families are not aware of their eligibility for continuing care. In some local authorities it is not always an automatic process that looked after children living in kinship care will be offered continuing care. They may need to specifically request this from the local authority.Our nation is committed to keeping The Promise and removing any barriers to receiving services, yet it is a huge barrier that many young people are not being made aware of their right to continuing care or have access to advocacy services.
CELCIS has developed child-friendly and easily accessible resources developed by young people to ensure they can be aware of their rights. See links below:
Your Right to Continuing Care: CELCIS
Erin’s Story – Continuing Care and living with her Gran in Kinship Care: CELCIS
For young people in foster care, their carers receive continuing care payments until the young person is 21 years old. For young people living in kinship families, practice varies where some payments cease at 16 years, 18 years and some have conditions attached such as remaining in education or training. The allowance received also varies; some local authorities continue to pay equivalent of Kinship Allowances whilst others pay equivalent to an Adult Placement Allowance or a reduced rate. This as we know can be a stressful time for young people and they must be allowed to make changes, and mistakes and choose different pathways. Some young people may not be able to sustain education due to the effects of trauma. To have strict conditions, puts restrictions and limitations on the young person. This is not in keeping with The Promise of being trauma-informed and removing barriers to improving outcomes for young people with care experience.
Good practice would be to provide financial support regardless of the young person’s employment or education status. For those young people continuing in further or higher education, care-experienced bursaries can be accessed via SAAS Support for Care Experienced students – SAAS as long as they meet the eligibility criteria. Kinship carers tell us in KCASS that payments should continue at the equivalent of Kinship Allowance to ensure the family is continually financially supported with the same package of financial support as before. Clear contingency planning and allowing young people to change their minds about their education, employment or residence is crucial in supporting into adulthood.
The local authority has a duty to provide a welfare assessment for the young person. This is required by law and supported by Guidance on Part 11 of the Children and Young People (Scotland) Act 2014. It is clear from discussions with kinship families and practitioners that these are not being completed on a consistent basis.
Practitioners may find the pathway handbook (westlothianhscp.org.uk) useful in assisting them with welfare assessments. CELCIS has also produced a good practice note for practitioners on welfare assessments Cont_Care_and_Welfare_Assess_-_FAQs_FINAL_19.4.21.pdf (celcis.org)
Unlike foster care, kinship care is not a regulated service and is not inspected the same way as fostering services. For those young people in foster care, continuing care, their carers may register as adult/continuing carers in order to continue caring. This is not the same in kinship care. Kinship carers do not need to become adult/continuing carers but may need an updated assessment/review of their ability to continue to care as well as an updated support plan to ensure the kinship carer has the support they need. There is no need to complete a full re-assessment, an updated review/support plan will suffice. It is a legal requirement to ask kinship carers if they are willing and able to continue caring for the young person. In exceptional circumstances, continuing care would not be provided if it is assessed that to do so would adversely affect the young person.
Having an annual review of the Carers Support Plan and ability to meet the needs of the child or young person, and of the Young Persons Plan is good practice. The young person may still need emotional or practical support as they become more independent. They may need support with career choices, job applications and housing applications. They may be allocated a Through Care Worker or Support Worker to support them through this time. This can be asked for by the carer or young person, although some kinship carers may be able to provide this support to the young person.
Children’s social work statistics – gov.scot (www.gov.scot)
Resources
Your Right to Continuing Care: CELCIS
Erin’s Story – Continuing Care and living with her Gran in Kinship Care: CELCIS
pathway handbook (westlothianhscp.org.uk)
Cont_Care_and_Welfare_Assess_-_FAQs_FINAL_19.4.21.pdf (CELCIS.org)
Care leavers charter
Young People (therealtoolkit.scot)
Anne Currie, Kinship Care Consultant
September 2023
