Continuing Care (Scotland) Amendment Order approved by Scottish Parliament

Thursday, 2 March 2017 23:32

The Scottish Parliament today agreed that the Continuing Care (Scotland) Amendment Order 2017 [draft] be approved. The order amends article 2 of the Continuing Care (Scotland) Order 2015 (S.S.I. 2015/158) with the effect that the higher age limit for “eligible persons” specified for the purposes of section 26A(2)(b) of the Children (Scotland) Act 1995 (“1995 Act”) is nineteen years of age (increased from eighteen). This means that an “eligible person” for the...Request free trial

The Scottish Parliament today agreed that the Continuing Care (Scotland) Amendment Order 2017 [draft] be approved.

The order amends article 2 of the Continuing Care (Scotland) Order 2015 (S.S.I. 2015/158) with the effect that the higher age limit for “eligible persons” specified for the purposes of section 26A(2)(b) of the Children (Scotland) Act 1995 (“1995 Act”) is nineteen years of age (increased from eighteen). This means that an “eligible person” for the purposes of the duty on local authorities to provide continuing care under section 26A of the 1995 Act is a person who is at least sixteen years of age and who has not yet reached the age of nineteen.

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Consultation on the Draft of The Continuing Care (Scotland) Amendment Order 2017

Monday, December 19, 2016

Executive Summary

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Second in the series of annual amendments to the original Continuing Care (Scotland) Order 2015. This is due to come into force on 1 April 2017, and will further increase the upper age of young people who will be eligible for continuing care to nineteen years of age.

This is a straightforward annual amendment which means the duty on local authorities to provide continuing care under section 26A of the 1995 Act will apply to a person who is at least sixteen years of age and who has not yet reached the age of nineteen. This approach of annual amendment was agreed during the development of the Children and Young People (Scotland) Act 2014 to ensure the original cohort of 16 year olds continue to be eligible as they increase in age until entitlement to Continuing Care extends to all care leavers in kinship, residential and foster care from age 16 to their 21st birthday.