Consultation on Draft of The Continuing Care (Scotland) Amendment Order 2017

Closed 20 Jan 2017

Opened 19 Dec 2016

Feedback Updated 6 Apr 2017

We Asked

Do you agree with this amendment to increase the higher age limit for persons eligible for continuing care from eighteen to nineteen years of age, from 1 April 2017.  This is part of the agreed annual roll out strategy to ensure the initial cohort of young people (born after 1 April 1999) remain eligible until the duty to provide continuing care extends from 16 to 21 years of age.

You Said

We received 13 responses including from COSLA, local authorities, the Care Inspectorate, the third sector and individuals.  All respondents agreed with provisions in the Draft Order.

A few respondents commented on the early implementation phase of Continuing Care relating to communications, practice understanding of the policy and resourcing.  We have offered a response to these concerns in the analysis report which can be accessed here: http://www.gov.scot/Publications/2017/04/8156

We Did

No adjustments have been made to the drafting of this Order as a result of the responses but a couple of minor technical legal edits were made as a result of the styling process.  This was to clarify that the instrument also revokes the Continuing Care (Scotland) Amendment Order 2016 (S.S.I. 2016/92) which set the higher age limit at eighteen. 

The Draft Order was laid in the Scottish Parliament on 27 January for scrutiny and was approved by the Chamber on 2 March.  This Order will come into force on 1 April 2017.

Published Responses

View submitted responses where consent has been given to publish the response.

Overview

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.

Areas

  • All Areas

Audiences

  • Local Authority Chief Social Workers
  • Children and Family workers
  • Looked After Child care providers
  • Looked After Child care regulators and scrutiny bodies
  • Chief Social Workers

Interests

  • Children and Families
  • Communities and Third Sector
  • Public Sector
  • Health and Social Care