Children (Scotland) Act 1995

Advice and assistance for young persons formerly looked after by local authorities S

29 After-care. S

(1) A local authority shall, unless they are satisfied that his welfare does not require it, advise, guide and assist any person in their area over school age but not yet nineteen years of age who, at the time when he ceased to be of school age or at any subsequent time was, but who is no longer, looked after by a local authority.

(2) If a person within the area of a local authority is at least nineteen, but is less than twenty-one, years of age and is otherwise a person such as is described in subsection (1) above, he may by application to the authority request that they provide him with advice, guidance and assistance; and they may, unless they are satisfied that his welfare does not require it, grant that application.

(3) [F1 Subject to section 73(2) of the Regulation of Care (Scotland) Act 2001 (asp 8),] assistance given under subsection (1) or (2) above may include assistance in kind or in cash.

(4) Where a person—

(a) over school age ceases to be looked after by a local authority; or

(b) described in subsection (1) above is being provided with advice, guidance or assistance by a local authority,

they shall, if he proposes to reside in the area of another local authority, inform that other local authority accordingly provided that he consents to their doing so.

[F2 (5) It is the duty of each local authority, in relation to any person to whom they have a duty under subsection (1) above or who makes an application under subsection (2) above, to carry out an assessment of the person’s needs.

(6) Each local authority shall establish a procedure for considering representations (including complaints) made to them by any person mentioned in subsection (1) or (2) above about the discharge of their functions under the provisions of subsections (1) to (5) above.

(7) In subsection (1) above, the reference to having been “looked after by a local authority” shall be construed as including having been looked after by a local authority in England and Wales; and subsection (4) of section 105 of the Children Act 1989 (c.41) (construction of references to a child looked after by a local authority) shall apply for the purposes of this subsection as it applies for the purposes of that Act (“local authority in England and Wales” being construed in accordance with subsection (1) of that section).]

Textual Amendments

F1 Words in s. 29(3) inserted (5.12.2003) by 2001 asp 8, ss. 73(1)(a), 81(2); S.S.I. 2003/596, art. 3(1)

F2 S. 29(5)-(7) inserted (1.4.2004) by 2001 asp 8, ss. 73(1)(b), 81(2); S.S.I. 2003/596, art. 3(2)

Modifications etc. (not altering text)

C1 S. 29 restricted (8.1.2003) by 2002 c. 41, art. 54, Sch. 3 para. 1(1)(i); S.I. 2002/2811, art. 2, Sch. (with arts. 3-6)

30 Financial assistance towards expenses of education or training and removal of power to guarantee indentures etc. S

(1) Without prejudice to section 12 of the M1 Social Work (Scotland) Act 1968 (general social welfare services of local authorities), a local authority may make—

(a) grants to any relevant person in their area to enable him to meet expenses connected with his receiving education or training; and

(b) contributions to the accommodation and maintenance of any such person in any place near where he may be—

(i) employed, or seeking employment; or

(ii) receiving education or training.

(2) Subject to subsection (3) below, a person is a relevant person for the purposes of subsection (1) above if—

(a) he is over school age but not yet twenty-one years of age; and

(b) at the time when he ceased to be of school age or at any subsequent time he was, but he is no longer, looked after by a local authority.

(3) A local authority making grants under paragraph (a), or contributions under paragraph (b)(ii), of subsection (1) above to a person may continue to make them, though he has in the meantime attained the age of twenty-one years, until he completes the course of education or training in question; but if, after he has attained that age, the course is interrupted by any circumstances they may only so continue if he resumes the course as soon as is practicable.

(4) Section 25 of the Social Work (Scotland) Act 1968 (which empowers a local authority to undertake obligations by way of guarantee under any indentures or other deed of apprenticeship or articles of clerkship entered into by a person in their care or under supplemental deeds or articles) shall cease to have effect.

Modifications etc. (not altering text)

C2 S. 30 restricted (8.1.2003) by 2002 c. 41, art. 54, Sch. 3 para. 1(1)(i); S.I. 2002/2811, art. 2, Sch. (with arts. 3-6)

Marginal Citations

M1 1968 c.49.