This policy sets out the types of “kinship care assistance” that may be provided by Stirling Council under the provisions of section 71 of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”) and how eligibility for this assistance will be assessed.
In this context, “kinship care assistance” refers to support for those holding certain types of court orders and the children they care for, as specified in the 2014 Act. It does not cover the full range of assistance available to other categories of kinship carers.
For these purposes, a “kinship care order” is an order granted by the court under Section 11 of the Children (Scotland) Act 1995 (“the 1995 Act”) giving a relative or friend of the child the right to have the child living with, or living predominantly with, them or appointing them guardian of the child.
It also includes those appointed by a parent under Section 7 of the 1995 Act to become a child’s guardian in the event of the parent’s death. To be eligible for “kinship care assistance,” the child to whom the order relates must be, or have been at the time the order was granted, “a child who the local authority considers to be at risk of becoming looked after” or “a child who was previously looked after”.
A child is considered “looked after” when the local authority has had to become involved in the child’s care under a number of legal provisions, including where the child is accommodated in kinship care under a voluntary agreement with the child’s parents or is subject to a child protection order, compulsory supervision order or permanence order.
Where none of these provisions are applicable, Stirling Council will seek to identify whether or not a child is, or was, at risk of becoming looked after in line with the Council’s standard assessment procedures.
This assessment will be carried out by a trained social worker. Relevant factors that may be considered in an assessment include the risk of the child having experienced:
- Domestic Abuse
- Parental Alcohol Misuse
- Parental Drug Misuse
- Family Not Engaging with Support Services
- Parental Mental Health Problems
- Child Placing Themselves at Risk
- Sexual Abuse
- Child Exploitation
- Physical Abuse
- Emotional Abuse
- Neglect
Where a child is already living in a kinship care arrangement, the assessment as to whether the child was “at risk of becoming looked after” will be carried out retrospectively considering the likelihood of the child becoming looked after if they were not accommodated in the kinship care placement.
Where an application has been made for kinship care assistance, Stirling Council will inform the applicant in writing within 14 days of a decision being made. If the child has been identified as being at risk of, or previously, “looked after”, and is also subject to a kinship care order, the applicant will be entitled to kinship care assistance from the date of approval as stated on the letter.
Where a child has been deemed ineligible, the applicant will also be informed of their right to appeal and the process for exercising that right.
The Kinship Care Assistance (Scotland) Order 2016 (“the 2016 Order”) specifies the types of assistance the local authority must provide. In accordance with this, Stirling Council will provide information and advice to carers of eligible children, and persons considering, or in the process of, applying for a kinship care order, on the following topics:
- Child development;
- Managing relationships with family members;
- Managing conversations around the need for Kinship Care;
- Supporting children and young people with emotional and behavioural difficulties;
- Concerns around caring responsibilities.
Eligible children will also be offered suitable and age-appropriate advice in relation to the following:
- Managing relationships with family members;
- Understanding the reasons why they are cared for by their kinship carer or guardian;
- Knowledge of, and access to, advocacy and support services.
Stirling Council will seek to offer relevant information and guidance wherever it is deemed necessary to safeguard, support and promote the wellbeing of an eligible child.
In addition, Stirling Council will also provide financial allowances to relevant kinship carers and guardians, where the eligible child is under age 16. This allowance will be equivalent to allowances paid to foster carers and kinship carers of “looked after” children. Details of the specific amount payable to eligible kinship carers can be found on the Stirling Council website. Kinship carers are not eligible for the additional fees that can be claimed by foster carers, however they are eligible to apply for child-related benefits, such as child benefit or child tax credits, which cannot be claimed by foster carers.
In addition, in specific circumstances, subject to the agreement of the relevant service manager, an eligible child who has reached the age of 16 and was subject to a kinship care order immediately prior to their 16th birthday, or an eligible child of any age who has a guardian appointed under Section 7 of the 1995 Act, may also be eligible for financial assistance. A decision will be made on a case-by-case basis and any payments will be discretionary depending on the individual circumstances of the child or young person at that time. Factors taken into consideration may include whether or not the young person has capacity to manage their own finances, is able to stay within the home; the carer’s access to alternative income, and the impact of any potential termination of payments.
Persons in the process of, or considering, applying for a kinship care order in respect of an eligible child are also entitled to financial support towards the costs of obtaining the order.
Stirling Council will only consider an application for such financial support after an application for Legal Aid has been made, and/or on presentation of evidence that the applicant is not eligible for Legal Aid.
Applications will be considered on a case by case basis. The amount of financial support provided will be determined by the relevant service manager on the basis of the above information and the likelihood of the kinship care order being granted, considering the carer’s capacity to meet the child’s long-term needs and whether, or on what basis, the application is likely to be contested.