Continuing Care Allowance ECSPB
Renfrewshire Council · 22 August 2024
Back to Education and Children's Services Policy Board — 22 August 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Page 1 of 4 To: Education and Children’s Services Policy Board On: 22 August 2024 ___________________________________________________________________ Report by: Director of Children’s Services ___________________________________________________________________ Heading: Continuing Care Allowance ___________________________________________________________________ 1. Summary 1.1 In October 2023, the Scottish Government introduced a Scottish Recommended Allowance in relation to children who are cared for in qualifying foster and kinship care placements. The Scottish Recommended Allowance is the minimum level of allowance which local authorities can pay to support children in foster and kinship care. 1.2 Children are defined as “looked after” if they have been accommodated by the Local authority under the powers of Section 25 of the Children (Scotland) Act 1995 or if they are subject to a compulsory supervision order from the Children’s hearing. Renfrewshire ensures that all children who are in eligible foster and kinship care settings are treated as “looked after” up to their 18th birthday. 1.3 Many children in foster and kinship care wish to remain in their care setting after their 18th birthday. If the authority deems this to be in their best interest, these arrangements are converted to a “continuing care” placement. Young adults can remain in these new arrangements until they reach the age of 21. 1.4 The Scottish Government has not set a Scottish Recommended Allowance for the maintenance of young adults in continuing care. This report recommends that Renfrewshire set the maintenance allowance at the rate of £200.00 per week, recognising young adults have independent income. This maintenance allowance should be payable to young people who reach the age of 18 on or after 22 August 2024. ___________________________________________________________________ 2. Recommendations 2.1. The Education and Children’s Services Policy Board is asked to: a) note the contents of the report;
Page 2
Page 2 of 4 b) agree the payment of a maintenance allowance for young people in continuing care who reach the age of 18 on or after 22 August 2024 at the rate of £200.00 per week; and c) note the continuing care maintenance allowance rate will be paid up to the young adult’s 21st birthday if they remain in the continuing care placement. ___________________________________________________________________ 3. Background 3.1 The Children and Young People (Scotland) Act 2014 amended the Children (Scotland) Act 1995 to create a right to continuing care for young people looked after outwith the care of their parents. Continuing care applies only to young people who are looked after in foster, kinship or residential care and allows them to remain in their current care arrangement until they turn 21 if this is in their best interest. 3.2 Any eligible young person ceasing to be looked after away from home, when they turn 16 can request Continuing Care. In Renfrewshire young people who are in foster and kinship care continue to be “looked after” until the age of 18 as this status gives additional protection to them. As a result, in Renfrewshire the application of the continuing care status will be applied when the eligible young person reaches their 18th birthday and is no longer 'looked after'. Continuing care ensure the young adult receives the same support as they did when they were looked after as a child. When Continuing Care ends the young person is then eligible for ‘Aftercare’ support until they turn 26. 3.3 Foster carers and kinship carers receive a maintenance allowance for the children they care for. This allowance is set by the Scottish Government and is known as the Scottish Recommended Allowance. Local authorities can pay a higher allowance but cannot pay a lower one. Renfrewshire pays the Scottish Recommended Allowance for children in foster and kinship care. The allowance is paid to ensure that the child’s care needs are met and includes an allowance for “pocket money” and clothing. 3.4 The Scottish Government has not set a recommended rate for a maintenance allowance payment in continuing care. Officers have been considering the rate to be recommended to elected members in relation to the payment of a maintenance allowance for young adults in continuing care. The purpose of the maintenance allowance is to provide support to allow the young person to remain in the foster or kinship care arrangement as they work towards independent living. 3.5 There is an expectation a young adult in continuing care arrangements will be in education or training and they are supported to do so by their carer and staff in Children’s Services. These young people will either receive the care experienced bursary or wage. If the young adult is not in education, they are entitled to claim state benefit. Given that young adults in continuing care will have a degree of independent income it is recommended the maintenance allowance be reduced to reflect this. In removing the pocket money element and clothing allowance officers consider a maintenance allowance of £200.00 per week is the appropriate level.
Page 3
Page 3 of 4 3.6 In the current financial year, 24 young people who are cared for by Renfrewshire foster carers or in kinship care will be entitled to continuing care. If all of the young people remain in their current care placement the additional cost pressure on the fostering and kinship budget will be £98,000. There will be additional pressure on the fostering and kinship budget over the following two financial years of £260,000 and £400,000 as more young people become entitled to continuing care support. __________________________________________________________________ Implications of this report 1. Financial – The setting of the continuing care rate will add an additional pressure in the current financial year of £98,000. The pressure on the fostering budget in the following two financial years will be £260,000 and £400,000 respectfully. The service expects to manage these pressures within the bottom line of fostering and kinship due to other young people moving on from supported carer and external foster care arrangements. 2. HR and Organisational Development None. 3. Community/Council Planning Our Renfrewshire is safe. 4. Legal This report ensures the service is compliant with the duty to provide continuing care as required by the Children and Young People (Scotland) Act 2014 5. Property/Assets None. 6. Information Technology None. 7. Equality and Human Rights The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. 8. Health and Safety None. 9. Procurement None.
Page 4
Page 4 of 4 10. Risk None. 11. Privacy Impact None. 12. Cosla Policy Position None. 13. Climate Risk None. 14. Children’s Rights The recommendation in this report impacts on young people aged over the age of 18 and as a consequence has no impact on children’s rights. List of Background Papers ___________________________________________________________________ Children’s Services Author: John Trainer Head of Children and Justice Social Work/Chief Social Work Officer 0300 300 0277 john.trainer@renfrewshire.gov.uk