Consultation on The Continuing Care (Scotland) Amendment Order 2018

Closed 13 Nov 2017

Opened 16 Oct 2017

Feedback Updated 21 Dec 2018

We Asked

If you agree with this amendment to increase the higher age limit for persons eligible for continuing care from nineteen to twenty years of age, from 1 April 2018.  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

The public consultation received 24 responses from 10 individuals and 14 organisations including from COSLA, local authorities, the Care Inspectorate, the third sector and individuals. The majority of respondents agreed with the intention of the Draft Order.  We 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: https://www.gov.scot/publications/children-young-people-scotland-act-2014-analysis-consultation-continuing-care-9781788516594/

We Did

 As a result of the majority of agreement, no adjustments were made to the drafting of the Order.  The Draft Order was laid in the Scottish Parliament on 22 January 2018 for scrutiny and was approved by the Chamber on 8 March.  This Order will come into force on 1 April 2018 meaning that eligible young people will be entitled to remain in Continuing Care up to age twenty.  There will be another Amendment proposed in 2019.

 Links:

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 2018, is the third in the series of planned annual amendment Orders.

This Order will further increase the higher age limit for persons eligible for continuing care from nineteen to twenty years of age from April 2018 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 continue to be eligible as they increase in age?

Download the consultation paper.

Audiences

  • People of Scotland

Interests

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