The Continuing Care (Scotland) Order 2015

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Continuing Care (Scotland) Order 2015 and comes into force on 1st April 2015.

(2) In this Order—

“the 1995 Act” means the Children (Scotland) Act 1995; and

“welfare assessment” means an assessment carried out by a local authority in accordance with article 7 of this Order.

Eligible person: specified age

2.  The higher age specified(1) for the purposes of section 26A(2)(b) of the 1995 Act is seventeen years of age.

Duty to provide continuing care: specified period

3.  The period specified for the purposes of section 26A(6) of the 1995 Act is the period from the date on which an eligible person ceases to be looked after by a local authority until the date of that person’s twenty-first birthday.

Assessment of the welfare of an eligible person before ceasing to be looked after

4.  For the purposes of section 26A(5)(c) of the 1995 Act, a local authority must consider whether providing an eligible person with continuing care would significantly adversely affect the welfare of that person—

(a) as soon as reasonably practicable before the person ceases to be looked after by them; and

(b) by carrying out a welfare assessment of the person in accordance with article 7.

Assessment of the welfare of an eligible person receiving continuing care

5.  For the purposes of section 26A(7)(c) of the 1995 Act, a local authority must consider whether continuing to provide an eligible person with continuing care would significantly adversely affect the welfare of that person—

(a) at intervals not exceeding twelve months (the first interval starting from the date on which the person ceases to be looked after by a local authority); and

(b) by carrying out a welfare assessment of the person in accordance with article 7.

Welfare assessment — general

6.—(1) The local authority must prepare and publish a written statement detailing the manner in which the welfare of eligible persons is to be assessed.

(2) Nothing in this Order prevents the carrying out of any welfare assessment under this Order at the same time as any assessment or other consideration under any other enactment is being carried out.

Welfare assessment — individual cases

7.—(1) In carrying out a welfare assessment, the local authority must, unless it is not reasonably practicable to do so—

(a) seek and have regard to the views of the eligible person to whom the assessment relates; and

(b) take all reasonable steps to enable the eligible person to attend and participate in any meetings at which a welfare assessment relating to that person is being considered.

(2) The local authority must carry out a welfare assessment in accordance with the written statement published under article 6(1).

(3) The local authority must ensure that—

(a) a written record of the views of the eligible person obtained under paragraph (1)(a) is prepared;

(b) as soon as reasonably practicable, a copy of that written record is made available to the eligible person; and

(c) the written record is taken into account and recorded in the welfare assessment.

(4) In carrying out a welfare assessment, the local authority must consider each of the matters referred to in the Schedule.

(5) In carrying out a welfare assessment, the local authority may seek the views of—

(a) the parents of the eligible person;

(b) any person who is not a parent but has parental responsibilities for an eligible person;

(c) any person who on a day to day basis is the carer for, or provides accommodation for, the eligible person;

(d) the head teacher or principal of any school, college or university attended by the eligible person;

(e) any person providing health care or treatment to the eligible person; and

(f) any other person whose views the local authority, or the eligible person, consider may be relevant,

and the local authority must take into account any such views that have been obtained.

(6) The local authority must ensure that a written record is prepared of the—

(a) information and views obtained in the course of carrying out a welfare assessment;

(b) deliberations at any meeting held in connection with any aspect of a welfare assessment; and

(c) results of a welfare assessment.

(7) The local authority must, as soon as reasonably practicable, provide the eligible person with a copy of the written record of the results of the welfare assessment and must ensure that the contents of that record are explained to the eligible person.

FIONA McLEOD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

31st March 2015