Part 13 Kinship Care Assistance in Scotland: Eligibility and What Councils Must Provide

What Part 13 Is

Part 13 of the Children and Young People (Scotland) Act 2014 is the legal framework that creates duties on local councils to support kinship carers. It's the reason a kinship care order unlocks financial help — the order itself gives you legal authority, but Part 13 is what obliges your council to provide assistance.

The Kinship Care Assistance (Scotland) Order 2016 sets out the specifics of what councils must provide and to whom. Together, the 2014 Act and the 2016 Order form the statutory basis for kinship care allowances, support services, and legal cost assistance across Scotland.

Who Qualifies: The "Eligible Child" Test

Part 13 assistance isn't available to every kinship carer. The child must meet the definition of an "eligible child" under Section 71(5) of the 2014 Act. There are two routes:

1. At risk of becoming looked after — the council considers that without the kinship arrangement, the child would likely need to be looked after by the local authority (taken into care). This is assessed through multi-agency GIRFEC wellbeing assessments.

2. Previously looked after — the child was formally looked after by a local authority before the kinship care order was made. This includes children who were on a Compulsory Supervision Order through the Children's Hearing system.

If the child doesn't meet either criterion — for example, if the parents voluntarily placed the child with a grandparent without any social work involvement and the council doesn't consider the child at risk — the statutory duties under Part 13 may not apply. You can still get the Section 11 court order, but the council's financial obligations are limited.

What Councils Must Provide

Under Section 71 of the 2014 Act, a local authority must make Kinship Care Assistance available to qualifying carers of eligible children. The 2016 Order specifies three main areas:

Financial assistance — the kinship care allowance, paid regularly to help cover the cost of raising the child. The Scottish Government sets a recommended allowance level (the Scottish Recommended Allowance, or SRA), and councils are expected to pay at least this minimum. The actual amount varies by the child's age and your council's policies.

Assistance towards legal costs — councils can provide financial help towards the cost of applying for a kinship care order, including solicitor's fees and court costs. Glasgow City Council, for example, offers grants of up to £1,500 towards legal costs for eligible carers, subject to income assessment. Crucially, you must apply for this help before incurring the costs — retrospective grants are not approved.

Support services — advice, guidance, and practical support. This might include help with parenting, referrals to counselling for the child, or assistance navigating benefits and housing.

How It Interacts with the Court Process

Part 13 assistance and the court application for a Section 11 order are parallel processes. The council assessment doesn't give you legal authority over the child — only the court order does that. And the court order doesn't automatically trigger the allowance — the council needs to assess the child's eligibility separately.

The practical advice is to start both processes at the same time. Contact your council's kinship social work team as soon as the child is placed with you, and instruct a solicitor to begin the court application. The two tracks run concurrently, and the council's support assessment can inform the court proceedings (and vice versa).

What If the Council Says No?

Councils exercise discretion in how they apply the eligible child criteria, and practice varies across Scotland's 32 local authorities. If your council decides the child doesn't meet the threshold, you can:

• Ask for the decision in writing with the reasons
• Request a review under the council's complaints process
• Seek advice from KCASS (0808 800 0006) on whether the decision aligns with the statutory guidance
• Challenge the decision through a formal complaint or, in serious cases, judicial review

The updated Part 13 Guidance published by the Scottish Government in March 2024 provides detailed instructions to councils on how to assess eligibility. If a decision appears inconsistent with the guidance, you can raise the relevant passage in a complaint and ask an adviser whether further challenge is available.

For a complete walkthrough of how Part 13 assistance connects to the court application, see our Kinship Care Orders in Scotland guide.

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