Skip over main navigation
  • Log in
  • Basket: (0 items)
  • Email Us
  • 0141 465 7511
  • Search
Staf (Scottish Throughcare and Aftercare Forum)
  • Newsletter Sign-up
  • Book for an Event
  • Donate

We listen. We care. We love.
  • Twitter
Menu
  • Who We Are
    • About Staf
      • History
      • Members
      • Supporters
      • Vision and Values
    • Meet the Team
      • Board of Directors
      • Staff Team
    • Governance
      • Latest Accounts
      • Strategic Plan 2019-2022
    • Vacancies
  • What We Do
    • Care-Experienced Voice
    • Current Projects
      • Learning Channel
      • Youth Justice Voices
      • Inside Out
      • National Leadership Network
      • The Real Toolkit
      • Shannon's Box
      • Project Return
      • Home and Belonging
    • Participation
      • The Participation Network
      • Participation Practitioner's Forum
    • Get Involved
    • Trauma Informed Practice
    • Policy and Influencing
    • Training and Consultancy
    • View Previous Work
      • Young Funder's Grant
      • The Debate Project
      • Dinner With Dialogue
      • The Voices
      • Connecting Voices
      • The Importance of Relationships
      • #WeLove: sharing COVID-19 best practice
  • Events
    • Upcoming Events
    • Calendar of Events
    • Event Resources
  • News and Blogs
    • Blogs
    • News
    • Newsletter Archive
    • Podcasts
  • Policy and Resources
    • Financial Support for Care Leavers
    • The Care Review
    • Legislation Timeline
    • Policy Areas
      • Children's Rights
      • Corporate Parenting
      • Education
      • Employment
      • Health
      • Housing
      • Justice
      • Poverty and Social Security
      • Relationships
    • Consultation Responses
    • Practice Resources
    • Event Resources
    • Coronavirus Support and Signposting
  • Membership
    • Become a Member
    • Current Members
    • Upgrade Membership
  • Admin
    • Log in
    • Email Us
    • 0141 465 7511
    • Search
  • Basket: (0 items)
  1. Policy and Resources
  2. Legislation Timeline

Legislation and Policy Timeline

1992

UN Convention on the Rights of the Child (UNCRC)

Expand

UN Convention on the Rights of the Child

The UN Convention on the Rights of the Child (UNCRC) was signed by the UK in 1990, ratified in 1991 and came into force in 1992.

In UK courts, including in Scotland, the UNCRC is an "interpretive aid" and does not have full legal force.

The Children and Young People (Scotland) Act 2014 gave further effect to the UNCRC in Scots law. Under the 2014 Act:

  • Scottish Ministers must keep under review any steps that could be taken to give further effect to the UNCRC.
  • Scottish Ministers must promote public awareness and understanding of the UNCRC.
  • Scottish Ministers and other public authorities must report every three years on work taken to give further effect to the UNCRC.

The UNCRC applies to all children up to the age of 18. In terms of Staf's work, the following articles are particularly pertinent (though this is not exhaustive):

  • Article 3: The best interests of the child shall be the primary consideration in all actions concerning children; all children should have the protection and care that is necessary for their wellbeing; and services must conform with established standards of health, safety and with regard to the number and suitability of staff.
  • Article 6: State Parties should ensure to the maximum extent possible the survival and development of the child.
  • Article 8: The right of the child to preserve their identity.
  • Article 9: Children should not be separated from their parents unless it is in their best interests, such as in the case of abuse or neglect by parents. Contact should be maintained by parents, except where it is not in their best interests.
  • Article 12: The right to express their views on matters affecting them and their views should be given "due weight".
  • Article 13: The right to freedom of expression.
  • Article 16: Right to be free from arbitrary or unlawful interference in their privacy, family, home or correspondence.
  • Article 18: States shall "render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.
  • Article 19: The right to protection from "all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child."
  • Article 20: "A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the state."
  • Article 26: The right to benefit from any social security.
  • Article 27: The right to an adequate standard of living.
  • Article 28: The right to education on the basis of equal opportunity, including accessibility of higher education and access to education and vocational information and guidance.
  • Article 31: The right to rest and leisure, to engage in play and recreational activities and to participate in culture and the arts.
  • Article 32: The right to protection from economic exploitation, including appropriate regulation of hours and conditions of employment.
  • Article 39: All appropriate measures should be taken "to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse..."
  • Article 42: State Parties must take steps to make the Convention widely known.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

1995

Children (Scotland) Act 1995 ('the 1995 Act)

Expand

Children (Scotland) Act 1995 ('the 1995 Act')

Section 17 sets out the duties of the local authority in relation to a child looked after by them, including the duty to provide advice and assistance when preparing a young person for leaving care.

Section 21 sets out how local authorities can request help from another appropriate person (another local authority, health board or other body specified by Ministers) in carrying out their duty to children looked after by them.

Section 29 requires local authorities to provide Aftercare, that is to "advise, guide or assist" young people leaving care who require this support or that have requested it, "unless they are satisfied that his welfare does not require it".

Section 30 sets out when a local authority may provide financial support towards education or training expenses of eligible young people.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2001

Regulation of Care (Scotland) Act 2001, 'For Scotland's Children', and 'Learning with Care'.

Expand

Regulation of Care (Scotland) Act 2001

Section 73 amends Section 29 of the 1995 Act and requires local authorities to carry out an assessment of the aftercare needs of young people who have been looked after.

Local authorities are also required to establish a procedure for dealing with representations, including complaints, about how they discharge these functions.

In anticipation of local authorities taking on this role, Section 6 of the Children (Leaving Care) Act 2000 applied to Scotland and removed eligibility to benefits for some care leavers.

Read it in full


For Scotland's Children

Set out the Scottish Ministers aspirations for integrated children's services in Scotland.

Six 'action points' were detailed:

  • Children's services should be considered as a single system.
  • Joint children's services plans should be put in place.
  • Local authorities should ensure inclusive access to universal services (such as housing, health or educational services).
  • Coordinate needs assessment, including the provision of a "named individual who can function of the main point of information/reference for the child".
  • Where more intense/complex intervention is required, this should be coordinated through a 'care coordinator' (who may also be the named individual).
  • Additional services should be targeted to meet need and reduce inequalities.

Amongst the recommendations, the report called for:

  • Child Impact Assessments for all policy;
  • the establishment of a workforce planning group for children's services;
  • greater coordination between local authorities and health boards;
  • the development of a consistent assessment format; and
  • a change support agency should be established to facilitate integrated children's services, this could be located within a Children's Commissioner's remit.

Read it in full


Learning with Care

Commissioned by the government in 1999, this report detailed the findings of a joint investigation by HM Inspectors of Schools (HMI) and the Social Work Services Inspectorate (SWSI) into the education of children looked after by local authorities.

The report called for local authorities to take action to assess the needs of looked-after young people and to monitor their progress.

The report made nine recommendations:

  • a full assessment should be carried out when a child becomes looked-after and should include a "baseline for future educational progress";
  • quality assurance procedures should be in place to ensure statutory requirements are being met effectively;
  • "except in exceptional circumstances, all looked after children should have permanent full-time education";
  • schools should identify learning needs of all looked-after children and a senior member of staff should maintain an overview of progress;
  • local authorities should develop an integrated policy that ensures the educational needs of looked-after children are met and they should provide professional development for the workforce to ensure its implementation;
  • parents having contact with their children should receive regular information about progress at school;
  • quality assurance audits of residential units should be conducted;
  • explicit and targeted consideration of the education of looked-after children should be included in Children's Services Plans and reviews; and
  • a range of accurate statistics should be kept on the education of looked-after children.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2003

The Leaving Care (Scotland) Regulations 2003 (as amended by) The Support and Assistance of Young People Leaving Care (Scotland) Amendment Regulations 2015

Expand

The Leaving Care (Scotland) Regulations 2003 (as amended by) The Support and Assistance of Young People Leaving Care (Scotland) Amendment Regulations 2015

Made under Section 73 of the Regulation of Care (Scotland) Act 2001, which amended Section 29 of the 1995 Act.

This sets out local authorities' duties and responsibilities regarding Aftercare, including: taking into account the young person's views; carrying out Pathways Assessments; preparing and reviewing pathway plans; financial and accommodation assistance; and appeals of local authority decisions.

The 2015 Regulations make technical amendments to the 2003 Regulations as a consequence of the 2014 Act, e.g. updating terminology used.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2004

Supporting young people leaving care in Scotland: regulations and guidance

Expand

Supporting young people leaving care in Scotland: regulations and guidance

Updated guidance on the provision of throughcare and aftercare under the 1995 Act.

It set out the 'general principle' that young people should not leave care until the age of 18.

It set out the role of Corporate Parents and, in particular, how they should work to ensure young people reach their full potential in education and work.

The overall aim of the guidance set out is as follows:

  • to reinforce the corporate parenting responsibilities of local authorities;
  • to re-emphasise the power and duty to look after them until, normally, they are 18;
  • to ensure that the young people are prepared and ready for the time when they are no longer looked after;
  • to improve the assessment, preparation and planning for that time; and
  • to strengthen the contract between the local authority and young people beyond the age of 18 until at least 21.

It sets out detailed guidance on:

  • assessing the needs of young people;
  • the provision of a 'Pathways Coordinator';
  • how financial assistance is provided;
  • accommodation;
  • appeals and complaints; and
  • information sharing.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2006

Extraordinary Lives

Expand

Extraordinary Lives

Commissioned by the government, this report set out the findings of a review conducted by the Chief Social Work Inspector.

Its purpose was, "to demonstrate what good care for children and young people who are looked after by local authorities looks like, to identify good practice and recommend in what ways care can be further improved."

Six key messages were identified:

  • looked-after children can overcome adversity;
  • too many adults have low expectations of what looked-after children can achieve;
  • relationships with skilled adults can help looked-after children;
  • children looked after away from home need stability and the chance to put down roots;
  • tacking disadvantage requires planning at every level within local authorities and between partners, champions are needed to deliver the best possible care; and 
  • understanding what children think about services supports effective engagement and long-term planning.

The central finding of the review was that "we cannot leave the care of looked-after children to the goodwill of their carers and hope for the best."

The review concluded that, "the single most important thing that will improve the futures of Scotland's looked-after children is for local authorities to focus on and improve their corporate parenting skills."

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2007

Adoption and Children (Scotland) Act 2007, Looked after children and young people: we can and must do better, and Scotland's National Performance Framework

Expand

Adoption and Children (Scotland) Act 2007

An Act made to modernise the law on adoption on Scotland, repealing and replacing the Adoption (Scotland) Act 1978.

Part 1 of the Act reformed adoption law, including: the provision of adoption services; the creation of a national adoption register; and the adoption process.

Part 2 introduced 'Permanence Orders':

  • A court order regulating the exercise of parental rights and responsibilities for children who cannot stay with their parents.
  • A Permanence Order may remove some or all parental rights and responsibilities and grant them to other persons specified in the order.
  • A child subject to a Permanence Order is 'looked after' under the 1995 Act.
  • This allows an alternative to adoption to provide children with long-term stability and security

Read it in full


Looked After Children and Young People: We Can and Must Do Better

Reports the conclusions of a working group that brought together professionals, Scottish Ministers and the third sector. The group was originally set up to look at the educational outcomes of looked-after children and young people, but its work went much wider, looking at all aspects of a looked-after young person's life.

The report's messages included:

  • the importance of the corporate parent role;
  • the need to raise awareness of the education needs of looked-after children and improve training for the professionals who work with them;
  • the importance of 'flexible and appropriate support' at transitions;
  • the importance of health and wellbeing, and the need for good quality housing;
  • "the importance of clear advice and a range of emotional, practical and financial support for looked after young people as they make the transition to adulthood/independent living"; and
  • the vital importance "of stability and continuity".

Read it in full


Scotland's National Performance Framework

In 2007 the Scottish Government introduced a National Performance Framework (NPF) to measure wellbeing beyond economic output.

In 2015 this was put on a statutory basis and a revised NPF was launched in 2018, formulated to link in with the UN Sustainable Development Goals.

The following National Outcomes are particularly relevant to Staf's work:

  • We grow up loved, safe and respected so that we realise our full potential
  • We live in communities that are inclusive, empowered, resilient and safe
  • We are well educated, skilled and able to contribute to society
  • We respect, protect and fulfil human rights and live free from discrimination

The following National Indicators may be particularly relevant to Staf's work:

  • Child social and physical development
  • Child wellbeing and happiness
  • Children's voices
  • Healthy start
  • Quality of children's services
  • Children have positive relationships
  • Children's material deprivation
  • Educational attainment
  • Confidence of children and young people
  • Resilience of children and young people
  • Young people's participation

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2008

These are our Bairns, Getting it Right for Every Child, and Sweet 16?

Expand

These are our Bairns: a guide for community planning partnerships on being a good corporate parent

The report aims to lay the foundations for corporate parents being able to "give a child in your care the love, security and chances that any good parent would give their child".

It sets out the role of Corporate Parents and what is expected of them, both from a policy perspective and from looked-after young people themselves.

At the time of publishing, local authorities were corporate parents, with the Scottish Government providing the legislative framework in which they operate.

The guide details the role of each aspect of local services, as well as the Scottish Government and the independent sector.

Read it in full


Getting it Right for Every Child (2008-)

The first guide to the 'Getting it Right for Every Child' (GIRFEC) practice model was published in 2008. It sets out a national approach to improving the lives of children and young people.

The approach looks at eight aspects of wellbeing, working towards ensuring all children are: safe, healthy, achieving, nurtured, active, respected, responsible and included.

GIRFEC seeks a coordinated approach with a confident and competent workforce, where agencies work together to improve outcomes for children and young people.

The approach introduced a Named Person for every child, as a point of contact for families to get further help, advice and support. This was legislated for in the 2014 Act and the Information Sharing aspects of this approach have been subject to judicial review. The latest policy update on this can be found here.

Where two or more agencies are working together to support a child or young person and their family a Lead Professional will coordinate that help.

Read it in full


Sweet 16? The age of leaving care in Scotland

A report published by the Scottish Commissioner for Children and Young People to explore the issues around young people leaving care at 16 or 17.

The report made 23 recommendations, including:

  • Change the culture that assumes 16 as the age for leaving care.
  • Ensure workers are trained and informed about young people's rights.
  • Increase awareness of reasons why young people leave care early.
  • Provide more semi-independent living units and prohibit the use of B&Bs or hostels for care leavers.
  • Require Registered Social Landlords to cooperate with local authorities.
  • Encourage local Councillors to enquire into leaving care arrangements.
  • Remove barriers to young people returning to former care placement for overnight stays.
  • Encourage Scottish Government to consider amending legal threshold for aftercare.
  • Gather data to monitor what is happening.

The report concluded that 16 "should not be the end of 'care'" and that "young people should stay in care until 18 if their welfare requires it, and they should be properly supported after that".

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2009

Higher Aspirations, Brighter Futures and Looked after Children (Scotland) Regulations 2009

Expand

Higher Aspirations, Brighter Futures

A series of reports from the National Residential Child Care Initiative, let by the Centre for Residential Child Care and commissioned by the Scottish Government.

According to CELCIS, this was "the most significant review of residential child care in Scotland's history".

Three working groups were established to focus on three challenges identified:

  • the experience of the increasing number of children and young people with complex and multiple needs being placed in residential care;
  • the status, training, education, skills and competence of the residential child care workforce; and
  • the pattern and type of provision required to meet the needs of children and young people and planning at national and local level.

A fourth group examined and reported on secure care.

Overarching messages from the reports included:

  • Effective intervention requires clear assessment and understanding of the child's needs.
  • Residential child care requires a strategic role in relation to other children's services.
  • Effective planning requires better management information.
  • Effective collaboration is essential.
  • A well-equipped and supported workforce is critical to ensure best possible care.

Read it in full


Looked After Children (Scotland) Regulations 2009

Replacing the Arrangements to Look After Children (Scotland) Regulations 1996 and Fostering Children (Scotland) Regulations 1996, following the passage of the Adoption and Children (Scotland) Act 2007.

Amongst other things, the Regulations set out rules on: care planning; looked-after children cared for by parents; kinship care; fostering; looked-after children placed in residential establishments; and emergency measures.

Part II sets out the requirement for local authorities to carry out an assessment of any child that is looked after or about to be looked after and what that assessment should include.

With regard to preparing a child's plan, Part II sets out: who should be consulted on the plan; what the plan must include; and who should be informed of the plan.

Part IV sets out local authorities' power to make arrangements for a child to be looked after by their parents or by any person who has parental rights and responsibilities for the child.

Part V sets out when and how a child can be placed with a Kinship Carer.

Part VI sets out requirements for the establishment and work of a 'fostering panel'. A fostering panel will consider: whether a person is a suitable foster carer; whether a person is a suitable foster carer for a particular child; and the maximum number of children a carer may have in their care.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2011

Joining the dots: a better start for Scotland's children; Christie Commission on the future delivery of public services; and Children's Hearings (Scotland) Act 2011

Expand

Joining the Dots: A better start for Scotland's children

Susan Deacon, former Health Minister and then-Honorary Professor at the University of Edinburgh, was commissioned by the Scottish Government to look at how the early years of a child's life can be improved.

It set out:

  • how a child's early years have a "profound impact...on their physical, mental and emotional development";
  • the need for "a serious note of urgency" in the debate;
  • the importance of "fundamental needs" like nurture, play and relationships;
  • the importance of prevention and early intervention;
  • the need to unlock the potential of people, families and communities;
  • the need for "simplification and consolidation" of policy and bureaucracy;
  • the key to change is "supporting, encouraging and resourcing professionals and communities to work together";
  • the need to "measure what matters"; and how
  • the role of government should be "as a facilitator and enabler of change".

It called for a consensus on the importance of a child's early years, with a decluttered policy, funding and measurement landscape.

Read it in full


Christie Commission on the future delivery of public services

A Commission established by the Scottish Government on the future delivery of public services, chaired by Dr Campbell Christie CBE, former General Secretary of the STUC and President of the SCDI.

The Commission called for: a shift to prevention; greater integration; and improving services through transparency, innovation and use of digital technology.

The Commission recommended a programme of public services reform, where public services are:

  • built around people and communities;
  • working together to achieve outcomes;
  • prioritising prevention, reducing inequalities and promoting equality; and
  • committed to constant improvement, reducing costs, openness, transparency and accountability.

Read it in full


Children's Hearings (Scotland) Act 2011

An Act to reform and modernise the Children's Hearings system. The Act made structural changes to increase consistency across the system and strengthen human rights principles.

To strengthen children's rights, the Act:

  • provided for the development of an advocacy service specifically for children in the hearings system;
  • ensured offence grounds accepted or established are no longer classed as a conviction (except for certain serious offences);
  • gives children's hearings the power to withhold information that could put a child at risk;
  • ensured the children's view is considered;
  • introduced a legal representation scheme run by the Scottish Legal Aid Board;
  • introduced greater transparency in the decision-making process around secure accommodation;
  • introducing a feedback loop to permit information sharing about compulsory supervision orders; and
  • modernising the grounds for a child's referral to a hearing.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2013

Staying Put Scotland and Housing Options Protocols for Care Leavers

Expand

Staying Put Scotland: providing care leavers with connectedness and belonging

Produced as a result of the Looked After Children Strategic Implementation Group, which was set up in 2010.

Aims to assist local authorities and other Corporate Parents in enabling "...care leavers to remain in secure, stable care placements (foster or residential) until such time as they are ready to move on."

A 'Staying Put' approach enables young people "...to enjoy a transition from care to adult interdependence that more closely resembles that which is experienced by other young people."

The guidance does not set out a prescriptive model but outlines the principles that should underpin a local approach and gives examples to illustrate how they could be translated into practice.

The guidance set out the research underpinning the approach: showing that young people who leave care only after they are ready for independence have better outcomes.

The key principles set out in the guidance are:

  • young people must be "encouraged, enabled and empowered to remain" in "positive care settings" until ready to move on;
  • no young person should leave care "without the skills and support" they need to succeed;
  • local authorities and Corporate Parent partners should have an explicit commitment to this approach;
  • relationships with carers should, wherever possible, be continued and maintained;
  • accelerated or abrupt transitions should be avoided wherever possible; and
  • the joint planning and multi-agency working principle should be extended to care leavers.

Read it in full


Housing Options Protocol for Care Leavers: guidance for corporate parents

Drafted with support from the Looked After Children Strategic Implementation Group to support Corporate Parents in putting in place Housing Options Protocols for Care Leavers.

Aims of the guidance:

  • ensuring 'Housing Options Protocols for Care Leavers' are in place across Scotland;
  • to assist Corporate Parents in developing Housing Options Protocols;
  • to ensure consistency in their development and implementation;
  • to ensure care leavers are regarded as a priority group; and
  • to promote current practice that enables successful transitions from care into adulthood.

Six principles of good practice are set out in the guidance:

  • Connection and Belonging: support should reflect the fact that young people need to be part of a "network of positive relationships".
  • Readiness of Care Leavers: young people should be "encouraged, enabled and empowered" to remain in placement until they are ready to leave.
  • Corporate Parenting: As 'family members' all Corporate Parents should play their part. No care leaver should have to present as homeless to access accommodation.
  • Care Leavers' Views: Care leavers "must be actively involved in all decision making processes that directly affect them."
  • Information Sharing: Procedures should be in place to ensure the right information is shared at the right time.

The third section of the guidance sets out how this can be implemented in practice, drawing on best practice from local authorities.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2014

Children and Young People (Scotland) Act 2014

Expand

Children and Young People (Scotland) Act 2014 ('the 2014 Act')

An Act to achieve a number of children's policy objectives, as well as deliver public service reform in line with the 2011 Christie Commission.

In particular, the following parts of the Act are relevant to Staf's work:

  • Part 1: Seeks to give further effect to the UNCRC, including requiring public authorities to report every three years on progress made towards this.
  • Part 9: Puts Corporate Parenting on a statutory footing.
  • Part 10: Extends eligibility for 'Aftercare'.
  • Part 11: Introduced a new category of 'Continuing Care'.

Part 9 - Corporate Parenting:

  • Part 9 puts Corporate Parenting on a statutory basis, setting out which bodies are Corporate Parents, and their duties and responsibilities to looked-after young people.
  • Corporate parents must publish a 'corporate parenting plan' and report on progress towards delivering this. Scottish Ministers must report to Parliament every three years on how Scotland has exercised its corporate parenting responsibilities.

Part 10 - Aftercare:

  • The 2014 Act provides that any young person who ceases to be looked after by the local authority on or after their 16th birthday is eligible for Aftercare and extends eligibility up to and including the age of 25.
  • Eligible young people may request Aftercare - the local authority must then carry out an assessment of whether they have 'eligible needs' that cannot be met by other means.

Part 11 - Continuing Care:

  • Section 67 introduces 'Continuing Care', requiring local authorities to allow a young person who was looked after away from home to remain in their last placement, if that is what they wish.
  • A young person eligible for Continuing Care will be able to remain in their placement up until their 21st birthday. This is being introduced gradually by secondary legislation.
  • There are exceptions: if the young person's last placement was in secure accommodation; if their carer is unable or unwilling to provide the placement; or if to do so would significantly adversely affect their welfare.
  • The exceptions do not remove the local authorities' duty to provide Continuing Care but mean that they no longer have a duty to provide exactly the same accommodation they were in when leaving care.
  • Under Section 10 of the 2014 Act local authorities have to inform Scottish Ministers and the Care Inspectorate about the death of any young person in receipt of Continuing Care.

Part 13 - Kinship Care:

  • Section 71 requires local authorities to provide 'kinship care assistance' to a child or young person that is subject to a 'Kinship Care Order'.
  • Section 72 sets out what is considered a Kinship Care Order: a court order that requires a child to live with a 'qualified person' or an order appointing that person as guardian of a child. A qualified person cannot be a parent of the child but may be a relative or friend of a relative.
  • Section 73 defines assistance as the provision of: counselling, advice, information, financial support or subsidised services.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2015

'Getting it right for looked after children and young people' strategy; Scottish Care Leavers Covenant; Guidance on Part 10 (Aftercare); and Guidance on Part 9 (Corporate Parenting)

Expand

'Getting it right for looked after children and young people' strategy

A Scottish Government strategy setting out their priorities for improving the lives of looked-after children and young people, which "has relationships at its heart".

The Scottish Government's vision is to be the best place in the world to grow up, for looked-after children this means:

  • engaging early to prevent children becoming looked after;
  • securing early permanence as soon as possible;
  • improving the wellbeing of looked-after children by narrowing the gap in outcomes between them and other children, building relationships and providing high-quality care;
  • providing high-quality care, support and relationships to care leavers; and
  • doing everything in a way that reflects the rights, needs, best interests and views of each child.

This narrowed down to three 'strategic priorities':

  • Early engagement
  • Early permanence
  • Improving the quality of care

Read it in full


Scottish Care Leavers Covenant

An 'alliance' of stakeholders, including Staf, came together to produce the Covenant to support corporate parents to improve the lives of care leavers.

The Covenant called on corporate parents to 'promise to act' to 'improve consistency of practice and provision' across Scotland.

The key policy themes the Covenant covers are: health and wellbeing, housing and accommodation, education and training, employment, youth and criminal justice, rights and participation.

The Covenant also rests on three 'foundation stones': graduated and extended transitions; staying put and continuing care; and relationship-based practice.

For each of the policy themes, the report sets out the key actions required to deliver on the principles set out.

Read it in full


Guidance on Part 10 (Aftercare) of the Children and Young People (Scotland) Act 2014

Sets out how local authorities can fulfil their duties regarding Aftercare under Section 29 of the 1995 Act (as amended by the 2014 Act).

This guidance is underpinned by the principles set out in 'Staying Put' (2013).

Read it in full


Guidance on Part 9 (Corporate Parenting) of the Children and Young People (Scotland) Act 2014

Sets out detailed guidance for corporate parents on their responsibilities and duties under the 2014 Act.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2016

The Kinship Care Assistance (Scotland) Order 2016

Expand

The Kinship Care Assistance (Scotland) Order 2016

Sets out the detailed rules on the provision of Kinship Care Assistance by local authorities, as required by Sections 71 and 73 of the 2014 Act.

Article 3 requires local authorities to provide assistance to "safeguard, support and promote the wellbeing" of eligible children.

The Order sets out:

  • the types of assistance local authorities are to make available;
  • an extension of the children eligible;
  • factors to be considered in assessing if a child is at risk of becoming looked-after;
  • a requirement that a person must apply for certain types of assistance;
  • the procedure local authorities must follow in notifying someone who has applied for assistance; and
  • the information that local authorities must publish about kinship care assistance.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2018

The Continuing Care (Scotland) Amendment Order 2018; Corporate Parenting - turning legislation into practice together report

Expand

The Continuing Care (Scotland) Amendment Order 2018

Raises the upper age limit for Continuing Care under Section 67 of the 2014 Act. From April 2018, this increased to 20.

Read it in full


Corporate Parenting - turning legislation into practice together: report

The first triennial report required under Part 9 of the 2014 Act, setting out how corporate parents have fulfilled their duties under the Act.

Three areas of progress in the first three years of the new corporate parenting duties are clear:

  • There has been a move to a "philosophy of care heavily reliant on building stable, supportive relationships."
  • Corporate parents are undertaking a lot of work to listen and respond to the views of looked-after children and care leavers.
  • There is a greater prominence and awareness of the corporate parenting role.

Over the next three years, the following areas are identified for progress:

  • seeking the views of care-experienced young people;
  • assessing their needs and how to address them;
  • collaboration between corporate parents to share learning and reach more young people; and
  • securing support and understanding at senior levels of organisations.

Read it in full

Published: 15th November, 2018

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2019

The Age of Criminal Responsibility (Scotland) Bill ; Children (Equal Protection from Assault) (Scotland) Bill

Expand

The Age of Criminal Responsibility (Scotland) Bill

changed the age of criminal responsibility from 8 to 12.


Children (Equal Protection from Assault) (Scotland) Bill  

made it illegal to physically punish a child in Scotland.

Published: 8th May, 2022

Updated: 10th May, 2022

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2020

Publication of The Promise, Children in Scotland Act 2020, Coronavirus Scotland Act

Expand

Publication of The Promise -

The Independent Care review published The Promise, outlining steps to reform the care system in Scotland.

Children in Scotland Act 2020

The act covers many areas including

  • legislation for Local Authorities to have a legal duty to retain relationships between siblings when they aren't living together,
  • involving siblings in Children's Hearings
  • increasing opportunties for children and young people to share views in Children's Hearings in ways they choose. 
  • bring the law more in line with the UNCRC. 

Coronavirus Scotland Act -

introduced temporary measures to care settings including 

  • Increasing the period in which a child can be placed in Secure Care without an order
  • Extending the time frames for reviews and appeals of kinship placements
  • Removing the cap on the number of children that can be placed with a foster carer

Published: 9th May, 2022

Updated: 3rd August, 2022

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2021

UNCRC Incorporation Into Scots Law (yet to be ratified); National Guidance for Child Protection in Scotland; National guidance for child protection committees undertaking learning reviews

Expand

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (delayed)

The Bill was unanimously passed by the Parliament but the UK Supreme Court judgment on UNCRC (Incorporation) (Scotland) Bill found  the provisions referred by the UK Law Officers to be outwith the legislative competence of the Scottish Parliament. While the judgment means that the Bill could not receive Royal Assent in its current form, the majority of work in relation to implementation of the UNCRC can proceed and is continuing.

National Guidance for Child Protection in Scotland

This guidance describes the responsibilities and expectations for all involved in protecting children and will support the care and protection of children.

National guidance for child protection committees undertaking learning reviews 

Guidance to support child protection committees to reflect, learn and improve child protection systems and practice when a child or young person dies, is significantly harmed, or was at risk of death or significant harm or where effective practice has prevented harm or risk of harm

Published: 10th May, 2022

Updated: 3rd August, 2022

Author:

Share this page
  • Email
  • Facebook
  • Twitter

2022

Keeping the Promise Implementation Plan, COSLA We Will Keep The Promise Report, The Promise Oversight Board Report

Expand

Keeping the Promise Implementation Plan 

the Scottish Government laid out its plans to #KeepThePromise 

COSLA Report: We Will Keep The Promise 

COSLA details the role they and Local Authorities will play in Keeping The Promise.

The Promise Oversight Board Report

The Oversight Board reports on the progess made to #KeepThePromise

Published: 11th May, 2022

Updated: 3rd August, 2022

Author:

Share this page
  • Email
  • Facebook
  • Twitter
Back to top

Showing 10 of 19

Latest

  • Local Authority Manager's Forum

    Local Authority Manager's Forum

    Wednesday 24th May 10am - 12pm| Online (Microsoft Teams)

  • Participation Practitioner's Forum

    Participation Practitioner's Forum

    Wednesday 25th May 2023 | 10am - 11.30am | Online (Zoom)

  • New Trauma informed and relationship based practice OU course in development

    New Trauma informed and relationship based practice OU course in development

    Find out more about how we are working in partnership with the Open University to develop a new trauma-informed and relationship-based practice online course.

  • The Participation Network

    The Participation Network

    We are delighted to be the new host of The Participation Network

Most read

  • Young Funder's Grant

    Young Funder's Grant

    Applications for the Young Funder's Grant are now closed. Alternative sources of funding are included here.

  • The Promise explained: what the Care Review means for the workforce

    The Promise explained: what the Care Review means for the workforce

    Scotland’s Independent Care Review has published its final conclusions. Five reports have been published and the main report ‘The Promise’ runs to 124 pages. To keep our members informed, we will set out the conclusions in a series of brief summaries.

  • Relationship Based Practice: What does it really look like?

    Relationship Based Practice: What does it really look like?

    Mary Glasgow facilitated one of our workshops at our Annual Conference 2017, setting out the principles of a restorative, child-centred and family-minded approach that aims to mitigate the effect of Adverse Childhood Experiences. Find out more and download Mary's presentation.

  • Grants of up to £750 available to care experienced young people

    Grants of up to £750 available to care experienced young people

    We are delighted to announce our Young Funder's Grant is now open for applications.

  • Local Elections 2022: Manifesto Round-Up

    Local Elections 2022: Manifesto Round-Up

    A look at the five main parties and their manifestos heading into the local elections 2022

  • Our history

    Our history

    Find out more about Staf's history, and the exciting work we are undertaking today.

  • GIRFEC: A Guide to Getting it Right for Every Child

    GIRFEC: A Guide to Getting it Right for Every Child

    GIRFEC (or Getting it Right for Every Child) is the national approach in Scotland to improving outcomes and supporting the wellbeing of our children and young people by offering the right help at the right time for the right people. Find out more about the GIRFEC approach.

  • Financial Support for Care Leavers

    Financial Support for Care Leavers

  • Shannon's Box

    Shannon's Box

    Created by Shannon when in role as our Youth Facilitator, Shannon's Box is designed to make entering care a little easier for children and young people. Find out more about this project.

  • Care-Experienced Voice

    Care-Experienced Voice

    Staf has always had the voice of care-experienced young people at its heart. From the Debate Project to Project Return, The Real Toolkit and Youth Justice Voices our young people's voices have always influenced our work. Find out more about the voice of care-experienced young people.

Tag cloud

Project Return
Tweets by StafScot

Contact us

Scottish Throughcare and Aftercare Forum

Edward House, 2nd Floor, 199 Sauchiehall Street, Glasgow, G2 3EX

T: 0141 465 7511

Email Us

  • Twitter
  • Facebook
  • LinkedIn
  • Instagram
  • Sitemap
  • Accessibility
  • Privacy and Cookies Policy
  • Terms & Conditions


Accessibility: 
Black on white version | White on black version | Reset to standard style


Registered in Scotland as a Company Limited by Guarantee. Company Number: SC286432.

Recognised as a Scottish Charity. Scottish Charity Number SC 030522

   

Manage Cookie Preferences