Consultation on The Continuing Care (Scotland) Amendment Order 2019

Closed 12 Dec 2018

Opened 14 Nov 2018

Contact

looked_after_children@gov.scot

Feedback updated 25 Jan 2019

We asked

If you agree with this amendment to increase the higher age limit for persons eligible for continuing care from twenty to twenty-one years of age, from 1 April 2019.  This is the final in 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

The public consultation received 26 responses from 4 individuals and 22 organisations including from COSLA, local authorities, the Care Inspectorate, the third sector and individuals. Respondents all agreed with the intention of the Draft Order.  We have published the responses with respect to the handling permissions provided to us.

We also invited any others comments on the draft Order and the Continuing Care provision more broadly. Where respondents have offered comment we summarised the key points raised and, where appropriate, offered a response to these concerns in the Consultation Analysis Report which can be accessed here: 

The Continuing Care (Scotland) Amendment Order 2019; Consultation Analysis Report

We did

Of the responses received there was universal agreement that extending the upper age limit of eligibility to twenty-one is the expected and welcomed course of action. As a result, no adjustments were requested or made to the drafting of the Order.  The Draft Order was laid in the Scottish Parliament on 25 January 2019 for scrutiny.  If approved by parliament, this Order will come into force on 1 April 2019 meaning that eligible young people will be entitled to remain in Continuing Care up to age twenty-one. 

 Links:

 The Continuing Care (Scotland) Amendment Order 2019; Consultation Analysis Report

Published Responses:

View submitted responses where consent has been given to publish them.

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 your views matter

This draft of The Continuing Care (Scotland) Amendment Order 2019, is the fourth and final in the series of planned annual amendment Orders.

This Order will further increase the higher age limit for persons eligible for continuing care from twenty to twenty-one years of age from April 2019 to ensure the current cohort of young people continue to be eligible as they increase in age and will ensure that the duty to provide continuing care extends from sixteen to twenty-one years of age.

You are being invited to comment on whether you agree with this increase of the higher age limit from twenty to twenty-one years of age, with effect from 1 April 2019?

Download the consultation paper.

Interests

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