Formal vs Informal Kinship Care in Scotland: What the Difference Means for You

A grandparent in Edinburgh phones the council to ask about kinship care allowance and is told they are an "informal carer" who does not qualify. An aunt in Dundee caring for the same child under similar circumstances applies through social work and receives monthly payments. The difference between them is not the quality of care — it is the legal and administrative category they fall into.

Scotland's kinship care system sorts carers into distinct categories, and each one carries different rights, different payments, and different levels of council involvement. Understanding where you sit is the first step toward getting the support you are entitled to.

The Four Categories

1. Informal Kinship Carer (No Council Involvement)

You are caring for a relative's child through a private family arrangement. Social work has never been involved, there is no court order, and the local authority does not know about the placement — or knows but has not assessed the child.

Legal rights: You do not have PRRs of your own; the birth parents retain them unless a court order changes that. You cannot give medical or educational consent using parental authority, or apply for a passport on the child's behalf using your own authority.

Financial support: You may be able to claim Child Benefit if the child lives with you. Kinship Care Allowance depends on the local authority assessing the child's eligibility under Part 13 of the Children and Young People (Scotland) Act 2014.

2. Non-Supported Kinship Carer (Court Order, No Council Placement)

You obtained a Section 11 order (a Kinship Care Order) from the Sheriff Court on your own initiative, without the child being placed with you by social work. The child does not qualify for the statutory allowance if the local authority does not consider them at risk of becoming looked after and they were not previously looked after by a local authority.

Legal rights: The PRRs specified in your court order, which can include residence and decision-making rights.

Financial support: You can claim Child Benefit and may access some universal benefits, but you are not automatically entitled to the kinship care allowance. The council's assessment of the child's status determines this.

3. Supported Kinship Carer (Council-Assessed, Eligible Child)

The local authority has assessed the child as either "at risk of becoming looked after" or "previously looked after" under Section 71(5) of the 2014 Act. You have (or are working towards) a Kinship Care Order. The council has a statutory duty to offer you kinship care assistance.

Legal rights: The PRRs specified in your court order.

Financial support: Kinship care allowance calculated from the Scottish Recommended Allowance (SRA), after deducting Child Benefit. If Child Benefit cannot be claimed because of parental non-cooperation, the council pays the undeducted SRA when given proof. You may also qualify for help with legal costs, start-up grants, and other discretionary support.

4. Formal Foster Carer / Looked-After Placement

The child was formally placed with you by the local authority while subject to a Compulsory Supervision Order through the Children's Hearing System. The child is "looked after" and social work supervises the placement.

Legal rights: You are acting under the authority of the supervision order, not your own PRRs. Social work retains significant decision-making power.

Financial support: Fostering allowance under the looked-after placement. The SRA sets baseline rates for foster and formal kinship carers, but the allowance route and council oversight differ. If you obtain a Kinship Care Order, the child exits the looked-after system and any kinship allowance is assessed under Part 13.

Why the "Eligible Child" Test Matters

The critical dividing line for financial support is whether your local council classifies the child as meeting the "eligible child" criteria under Section 71(5) of the 2014 Act. The test has two limbs:

1. The local authority considers the child at risk of becoming looked after
2. The child was previously looked after by a local authority before the Kinship Care Order

If neither applies, the council may classify you as a non-supported kinship carer, even though you have a perfectly valid court order.

Moving from Informal to Supported

If you are currently caring informally and want to access the full range of support, the path is:

1. Contact your local authority's kinship care team and request an assessment — this is what triggers the "at risk of becoming looked after" evaluation
2. Apply for a Section 11 order in the Sheriff Court (the court fee is £185, with exemptions for those on qualifying benefits; SLAB Civil Legal Aid has a disposable-income upper limit of £26,239/year and a disposable-capital limit of £7,405)
3. Run both tracks simultaneously — the court application and the council assessment are separate processes, and you should start them at the same time

The Kinship Care Orders in Scotland guide maps out both tracks in detail, including the forms, the fee exemptions, and how to prepare for the social work assessment that determines your category.

The Practical Difference

The gap between categories is not small. A supported kinship carer receives monthly allowance payments that can make the difference between keeping the child fed, clothed, and in activities — or struggling. A carer whose child does not meet the eligible-child criteria does not qualify for the statutory allowance on that basis, though local discretionary support may still be available.

If you think the council has misapplied the eligible-child test, KCASS (0808 800 0006) can advise on the assessment and local-authority support routes.

The categories can feel arbitrary, but they follow a clear statutory logic. Knowing which one applies to you — and what you need to do to move into a better position — is half the battle.

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