Children and Young People (Scotland) Act 2014

71 Assistance in relation to kinship care orders S

(1) A local authority must make arrangements to secure that kinship care assistance is made available for a person residing in its area who falls within subsection (3).

(2) “Kinship care assistance” is assistance of such description as the Scottish Ministers may by order specify.

(3) A person falls within this subsection if the person is—

(a) a person who is applying for, or considering applying for, a kinship care order in relation to an eligible child who has not attained the age of 16 years,

(b) an eligible child who has not attained the age of 16 years who is the subject of a kinship care order,

(c) a person in whose favour a kinship care order in relation to an eligible child who has not attained the age of 16 years subsists,

(d) a child who has attained the age of 16 years, where—

(i) immediately before doing so, the child was the subject of a kinship care order, and

(ii) the child is an eligible child,

(e) a person who is a guardian by virtue of an appointment under section 7 of the 1995 Act of an eligible child who has not attained the age of 16 years (but this is subject to subsection (4)),

(f) an eligible child who has a guardian by virtue of an appointment under section 7 of the 1995 Act.

(4) Subsection (3)(e) does not include a person who is also a parent of the child.

(5) An “eligible child” is a child who the local authority considers—

(a) to be at risk of becoming looked after, or

(b) to fall within such other description as the Scottish Ministers may by order specify.

Commencement Information

I1 S. 71 in force at 1.8.2014 for specified purposes by S.S.I. 2014/131, art. 2(2)(3), Sch.

I2 S. 71 in force at 1.4.2016 in so far as not already in force by S.S.I. 2015/406, art. 3(2)(3), Sch. Pt. 2