Information about Kinship Care Orders in Glasgow
What is a Kinship Care Order?
A Kinship Care Order secures the kinship placement through a legal order, removes the child from the children's hearing system (if subject to supervision requirement) and reduces the need for statutory social work intervention as the child no longer has looked after and accommodated status.
One of the main advantages of obtaining a Kinship Care Order is achieving a more stable home environment for a child. Depending on the section of the 1995 Act that the order is made, it will set out conditions of residence for the child and may also transfer parental responsibilities and rights. This allows a Kinship Carer to make a range of decisions that any reasonable parent can take in relation to a child's life. If parental rights are transferred, a Kinship Carer can, for example, provide consent for the child to undertake medical procedures (if they are too young to give consent themselves), obtain a passport and be responsible for the child's property (for example financial assets / inheritance).
Regardless of the status of the kinship placement (formal or informal) any carer can apply for a kinship order.
Under section 72 (1) of the Children and Young People (Scotland) Act, a Kinship Care Order means:
| a) | an order under Section 11 (1) of the Children (Scotland) Act 1995 gives to a qualifying person the right mentioned in section 2 (1) (a) of that Act in relation to a child |
| b) | a residence order which has the effect that a child is to live with, or live predominantly with, a qualifying person, or |
| c) | an order under Section 11 (1) of the Children (Scotland) Act 1995 appointing a qualifying person as a guardian of a child |
In securing a Section 11 Kinship Care Order, the child will no longer be entitled to apply for Section 29 leaving care financial assistance.
From April 2016, an order under Section 11 (1) of the Children (Scotland) Act 1995 as specified in section section 72 (1) of the Children and Young People (Scotland) Act is categorised as a kinship order. A Kinship Care Order will decree the right of the applicant to have the child living with them or otherwise to regulate the child's residence.
Will kinship allowance remain in place if I secure a Kinship Care Order?
Yes.
How long does a Kinship Care Order last?
Kinship Care Orders continue until the child reaches 16, unless there is a new court action. In exceptional circumstances, a Section 11 order can continue beyond the age of sixteen. In the majority of cases, a child has sufficient capacity to decide residence by the age of sixteen.
How do I obtain a Kinship Care Order and what are the legal costs?
Anyone can approach their solicitor and request a Kinship Care Order however this is best supported by a social worker if one is involved.
The costs associated with a Kinship Care Order will vary dependent upon the solicitors representing the carer however expect to pay something between £1,500 - £3,000 for those cases that are not contested and considerably more where the case is being contested.
Am I entitled to financial assistance for legal costs of a kinship order?
This depends on the status of the placement. For those placements which meet the eligibility criteria, Glasgow will contribute up to £1,500 towards the legal costs providing the carer has exhausted options available through Scottish Legal Aid Board. Entitlement to legal aid is based on a household income of less that £26,000.
If you think you may be entitled to financial support as a kinship carer, or want to explore this further, you can contact Health and Social Care Connect on 0141 287 0555 and ask for a Kinship Carer Eligibility Assessment. If you prefer, you can seek an assessment of eligibility through an online form.
Share this page
