How to Apply for a Kinship Care Order in Scotland

The Two Tracks You Need to Understand First

Applying for a kinship care order in Scotland means running two processes at the same time. The first is a court application under Section 11 of the Children (Scotland) Act 1995 — this is what gives you legal parental responsibilities and rights. The second is a financial assessment by your local council under Part 13 of the Children and Young People (Scotland) Act 2014 — this is what unlocks the kinship care allowance.

These two tracks run in parallel, not in sequence. You don't need to finish one before starting the other, and they're handled by completely different organisations. The sheriff court deals with the legal order. Your council's social work team deals with the financial support.

Step 1: Get Legal Advice and Check Legal Aid Eligibility

Before you do anything with the court, speak to a family law solicitor who takes civil legal aid cases. The Scottish Legal Aid Board (SLAB) funds two levels of help:

• Advice and Assistance covers initial advice and drafting your court papers, with a weekly disposable income limit of £245 and a capital limit of £1,716.
• Civil Legal Aid covers full court representation, available if your annual disposable income is not above £26,239 and disposable capital does not exceed £7,405. SLAB may exercise hardship discretion for higher capital, up to approximately £13,017. Below £3,521 per year, you pay no income contribution.

Your solicitor applies to SLAB on your behalf. If you can't find one who takes legal aid, KCASS (the Kinship Care Advice Service Scotland) on 0808 800 0006 can point you towards solicitors in your area.

Step 2: Your Solicitor Drafts the Initial Writ

There is no standard application form. Your solicitor drafts a document called an Initial Writ (based on Form G1) setting out who you are, your relationship to the child, the factual background, and the specific orders you're asking for — typically residence and specific parental responsibilities and rights.

The Initial Writ is filed in the Sheriff Court within whose territorial jurisdiction the child is habitually resident. The court fee for lodging it is £185, though you may be exempt if you receive qualifying benefits like Universal Credit with no earnings, Income Support, or Pension Credit.

Step 3: Service on the Birth Parents

After the court grants a warrant, sheriff officers formally deliver copies of the Initial Writ to the child's birth parents (the "defenders"). A copy also goes to the local authority's chief social work officer. The birth parents then have 21 days to lodge a Notice of Intention to Defend.

Step 4: What Happens if Nobody Defends

If the birth parents don't respond within 21 days, the case proceeds as uncontested. You and your solicitor lodge affidavits — written statements given under oath — and the sheriff can grant the order without a hearing. The timetable depends on the court process and how quickly the affidavits can be lodged.

Step 5: What Happens if the Case Is Contested

If a birth parent defends, the court schedules a Child Welfare Hearing — an informal meeting where the sheriff, solicitors, and both sides discuss the child's welfare and try to narrow the issues. Several Child Welfare Hearings may take place over weeks or months.

If agreement still can't be reached, the sheriff assigns a Proof — a full evidential hearing where witnesses give evidence and the sheriff makes a final decision based on the child's best interests.

Step 6: The Final Order

Whether contested or uncontested, the sheriff only grants the order if satisfied it's better for the child than making no order at all. Once granted, you receive an extract decree — the court document that proves your legal authority. Keep certified copies: you'll need them for schools, the GP, the passport office, and your council's kinship care team.

How Long Does the Whole Process Take?

The timetable depends on whether the case is contested, how many Child Welfare Hearings are needed, and whether it proceeds to proof. Ask your solicitor for an estimate based on the court's schedule and the steps your case needs.

Start with the Right Information

The process has a lot of moving parts — court filings, financial assessments, legal aid applications — all running at the same time. Our Kinship Care Orders in Scotland guide walks through each stage in detail, with checklists for every milestone so nothing falls through the cracks.

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