Section 67 of The Children and Young People (Scotland) Act 2014 inserts a new section 26A into the Children (Scotland) Act 1995 in relation to continuing care.
Continuing care is defined in new section 26A(4) of the 1995 Act as meaning the same accommodation and other assistance as was being provided for the eligible person by the local authority, immediately before the person ceased to be looked after.
Continuing care reflects the philosophy of care set out in the Scottish Government’s ‘Staying Put-Scotland’ guidance of October 2013. This stressed the importance of encouraging and enabling young people who are looked after to remain in safe, supported environments until they are better ready to make the transition into independent living.
We are delivering our policy intention, as stated during development of the Children and Young People (Scotland) Act 2014 Act, of increasing the higher age limit for persons eligible for continuing care on an annual basis until the duty to provide continuing care extends from 16 to 21 years of age.
Why We Are Consulting
This draft of The Continuing Care (Scotland) Amendment Order 2017, is the second in the series of planned annual amendment Orders.
This Order will further increase the higher age limit for persons eligible for continuing care from eighteen to nineteen years of age from April 2017 to ensure the current cohort of young people continue to be eligible as they increase in age until the duty to provide continuing care extends from 16 to 21 years of age. This relates to powers set out in Part 11 of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”).
You are being invited to comment on whether you agree with this latest increase of the higher age limit to ensure the current cohort of young people for persons continuing to be eligible for continuing care .
What Happens Next
The final version of The Continuing Care (Scotland) Order 2017 will be laid in the Scottish Parliament for final scrutiny and approval. Once approved, the Order will be enforced on 1 April 2017.