Call for law change to support kinship carers

UK Government urged to reconsider position on parental leave rights

Scotland’s Minister for Keeping the Promise Natalie Don has written to the UK Government calling for statutory parental leave rights to be extended to kinship carers.

Kinship carers are people caring for a child on behalf of a friend or relative, full time. The latest statistics show there are currently 4,249 formally looked after children in kinship care across Scotland. It is estimated there are around a further 3,000 non-looked after children in kinship care who are supported by local authorities.

As it stands, UK Government guidance means these carers are reliant on the “good will” of their employers to secure paid time off to look after the children in their care.

The letter reads:

To: Rt Hon Gillian Keegan MP, Rt Hon Kemi Badenoch MP
From: Natalie Don MSP

Dear Gillian and Kemi,

I am writing to you both given your respective duties for kinship care and employment law. On 9 November 2023 I attended a meeting of the Scottish Parliament’s Social Justice and Social Security Committee to discuss the issue of kinship care. During the meeting, the lack of provision for family leave for kinship carers, which is reserved to the UK Government, was discussed. It was also previously discussed with the Committee in June 2022 when my predecessor, Clare Haughey, gave evidence regarding kinship care.

Since the meeting, the Department for Education published the new “Championing kinship care: national kinship care strategy”, as well as the accompanied “Kinship carers in the workplace: guidance for employers” material. I welcome the publication of this guidance and the clarity that it will provide kinship carers with regarding statutory leave entitlements they may be eligible to access, and the signposting of initiatives that employers could implement to support kinship carers in the workplace.

Nevertheless, I am disappointed that family leave for kinship carers remains entirely dependent on the good will of the employer to ensure kinship carers, whose circumstances often change without notice, are given paid time off work to help the children they care for adjust to their new environment.

Kinship carers have advised my officials that because there is no statutory leave, which is offered to other carers such as adoptive parents, some kinship carers have been forced to leave employment. Some, who were fortunate enough to own their homes, have also been forced to sell their house to make ends meet, forcing them into poverty. This is unacceptable.

The Scottish Government wants to ensure kinship carers are not penalised for taking in their kin. Given the vital role they play in providing a loving, safe and stable home, I believe it is imperative that kinship carers are treated on an equal par with all parents eligible for parental leave.

As you know, this issue was highlighted in the Independent Review of Children’s Social Care, published in May 2022, which recommended that kinship carers receive paid employment leave on a par with statutory adoption leave.
Kinship carers should not have to wait any longer as a result of delays from the UK Government. I would, therefore, ask for an urgent update on the implementation of the recommendation regarding statutory leave in relation to kinship carers, and call on you to make these changes immediately.

I am copying this letter to the Convener of the Social Justice and Social Security Committee in the Scottish Parliament for information.

NATALIE DON MSP

Family leave for Kinship carers: letter to UK Government – gov.scot (www.gov.scot)

MSP welcomes new payment for care leavers

Gordon Macdonald MSP has welcomed the announcement that a one-off £2,000 payment from the SNP Scottish Government will be made available to young people who are leaving the care system across Edinburgh.

First Minister Humza Yousaf announced the payment following the Independent Care Review’s findings that those with care experience have an increased risk of poor mental health, addiction, homelessness, and exploitation.

The payment is co-designed with care experienced people to ensure that it meets their needs and helps to reduce some of the financial impediments in their way as they seek to live independently.

Commenting, Gordon Macdonald, SNP MSP for Edinburgh Pentlands said: “The SNP Scottish Government is committed to Keeping the Promise by 2030 to all children and young people leaving care, and part of that is ensuring that they are supported on their journey into adulthood.

“Living independently can be a huge adjustment and comes at a pivotal time for young people leaving care across Edinburgh, especially if they don’t have family support.

“The SNP Scottish Government is therefore providing support to care experienced young people across Scotland through the Care Leaver Payment, and this will make a real difference to the lives of young people across the city.”

Payment for young care leavers

Young people transitioning from the care system into adulthood are to receive a one-off Care Leaver Payment of £2,000 to support them to move into more independent living under proposals being considered.

The First Minister announced the proposed payment will be co-designed with care experienced people to ensure it meets their needs and helps reduce some of the financial challenges they face.

This follows findings from the Independent Care Review which highlighted links between those with care experience and the increased risk of poor mental health, addiction, homelessness and exploitation.

First Minister Humza Yousaf said: “The Scottish Government is committed to Keeping the Promise by 2030 to all of our children and young people. This includes making sure that all young people are given the support they need to transition from care into adulthood and more independent living.

“For any young person, at any age, moving away from home can be a challenging time when we rely heavily on family support networks. Many care experienced young people won’t have that luxury which many of us take for granted.

“Care experienced people are over one and a half times more likely to experience financial difficulties and have more than double the chance of experiencing homelessness, mainly before age 30.

“We also know that money management is a top concern for young people moving on from care.

“It is important we provide the right support at the right time for our care experienced young people – and the Care Leaver Payment will provide much needed financial support at such an important moment in their lives.”

Keeping The Promise

Supporting partnership projects

42 organisations across Scotland will benefit from £4 million funding to deliver projects that will help children, young people and families in the care system.

Administered by the Corra Foundation, the second round of The Promise Partnership Fund will be split across third sector and public organisations that prioritise work to:

  • build supportive workforces that can provide the unique support for young people and families in the care system to thrive
  • create school structures that provide support, opportunities and a sense of belonging
  • enhance youth justice and rights to reduce and prevent the criminalisation of children and young people with care experience

The announcement marks the beginning of Care Experienced Week, when people come together to advocate for change and encourage the transformation required to Keep The Promise.

Minister for Keeping the Promise Natalie Don said: “The Promise Partnership Fund is crucial in supporting organisations to make the changes needed to enrich the lives of children and young people in or on the edges of care.

“Care Experienced Week starts today and is a key opportunity for Scotland to come together to celebrate and show our love for children and young people who have experienced care.

“I am determined we keep driving forward the transformational change that is required to Keep The Promise and make Scotland the best place in the world to grow up, where all children are loved, safe, respected and realise their full potential.”

In 2022 the Scottish Government appointed Corra to administer £12 million through the Promise Partnership Fund from December 2022 until March 2025.

The 42 successful organisations are:

  • Aberdeenshire Council Virtual Headteacher
  • Adoption UK
  • Angus Carers Association
  • Association for Fostering, Kinship and Adoption Scotland
  • Bright Light Relationship Counselling
  • Children 1st
  • Children and Families Service, Dundee City Council
  • Children and Young People’s Centre for Justice
  • Children in Scotland Ltd
  • Circle
  • City of Edinburgh Council – Childrens Partnership
  • City of Edinburgh Council – Parent Panel
  • Comhairle nan Eilean Siar
  • Community Law Advice Network
  • Cyrenians
  • Families Outside Limited
  • Fife Council
  • Fostering People Scotland
  • Highland Child Protection Committee
  • Home-Start UK
  • includem
  • Kirkcaldy YMCA
  • Moray Council
  • Napier University Development Trust (Hub for Success)
  • North Lanarkshire Council
  • Project Esperanza
  • Renfrewshire Council
  • Salvesen Mindroom Centre
  • Scotland Yard Adventure Centre (known as The Yard)
  • Scottish Attachment in Action
  • South Ayrshire Council
  • South Lanarkshire Council
  • Staf
  • Stirling Community Enterprise
  • Stirling Council
  • The Fostering Network
  • The Princes Trust
  • The Why Not? Trust
  • West Dunbartonshire Health and Social Care Partnership
  • Winning Scotland
  • YMCA Edinburgh SCIO
  • Young Scot

New national allowance for foster and kinship carers

Important step in Keeping the Promise

For the first time foster and kinship carers across Scotland will receive at least a standard national allowance to support them in caring for the children and young people they look after.

Funded by £16 million from the Scottish Government, the new Scottish Recommended Allowance will benefit more than 9,000 children.

The introduction of the payment means every eligible foster and kinship carer will receive at least a standard, national allowance which recognises the valuable support they provide, no matter where they live.

Following agreement with COSLA, this marks the first time a set rate, which all local authorities must pay, has been introduced across Scotland.

The weekly allowances, which will be backdated to 1 April 2023, are:

  • 0 to 4 year-olds: £168.31
  • 5 to 10 year-olds: £195.81
  • 11 to 15 year-olds: £195.81
  • 16-years-old and over: £268.41

Children’s Minister Natalie Don said: ““Introducing the Scottish Recommended Allowance for foster and kinship carers is another important step in our commitment to Keep the Promise and ensuring all care-experienced children and young people grow up loved, safe and respected.

“Our foster and kinship carers play such an important role, and now for the first time every eligible foster and kinship carer in Scotland will receive at least a standard, national level of support to help them in ensuring that care experienced children have the same opportunities as their peers.

“This support will benefit thousands of families, helping them to provide the standard of living and wellbeing that the children and young people in their care deserve – and can be used to cover the cost of things like clothing, hobbies, activities and school trips.

“The new national allowance will make a significant difference to the daily lives of some of the most vulnerable children and young people in Scotland.”

Cllr Tony Buchanan, COSLA Children and Young People Spokesperson said: “COSLA is pleased to have agreed the Scottish Recommended Allowance for our foster and kinship carers. 

“We realise this has taken some time and are grateful to The Fostering Network, the Association for Fostering, Kinship and Adoption Scotland and Social Work Scotland for supporting COSLA and the Scottish Government in this area.

“COSLA is absolutely committed to The Promise and we realise this is an important milestone in supporting foster and kinship families.”

Jacqueline Cassidy, director for Scotland at The Fostering Network, said:  ‘We are really pleased to finally see action taken today to fulfil the commitment made in The Promise to introduce these recommended allowances in Scotland, most of which will result in an uplift in foster carers’ incomes to help them cover the costs of caring for children.

“The Fostering Network has been campaigning, along with our foster carer members, for the introduction of recommended allowances for some time so this news is welcome. 

“Foster carers play a vital role in supporting children and young people who have experienced significant trauma and provide them with a stable and loving home. It is only right that the Government ensures they are receiving allowances which cover the full cost of providing this care.”

Allowances are currently provided by all local authorities. However, this is decided at a local level and so varies across Scotland. The introduction of the SRA provides a recommended allowance that all local authorities must pay as a minimum, although they can also choose to pay more.  

Where local authorities are already paying above the national minimum allowance, this will continue so that kinship or foster carers currently in receipt of the allowance will not be worse off because of this commitment. 

In 2020, the Scottish Government committed to  The Promise to ensure that Scotland can be the best place in the world for care-experienced children and young people to grow up. Last year, ministers published The Promise Implementation Plan which sets out how the Government can support the aims of The Promise.