The Continuing Care (Scotland) Amendment Order 2019 (Draft) was laid by the Scottish Government under section 26A(11)(b) of the Children (Scotland) Act 1995 on 25 January 2019. It is subject to the affirmative procedure.

This instrument raises the upper age limit for young people who are eligible to receive continuing care from local authorities from 20 years of age to 21.

This instrument is the fourth in a series of annual amendments to the original Continuing Care (Scotland) Order 2015. As is outlined in the policy note for the instrument,

this final increase is in line with discussions during the passage of the Children and Young People (Scotland) Bill to extend this higher age limit annually, by way of further amendments to the Continuing Care (Scotland) Order 2015, up to the age of twenty-one.

The Delegated Powers and Law Reform Committee considered the instrument on 5 February 2019 and determined that there were no issues within its remit to draw to the attention of the Parliament.

At its meeting on the 20 February 2019, the Committee considered the Continuing Care (Scotland) Amendment Order 2019 (Draft).

The Minister for Children and Young People, Maree Todd MSP, outlined the purpose of the instrument, confirming:

It is the final part of the agreed annual roll-out strategy, increasing the higher age range in step with the first eligible cohort of 16-year-olds so that the provisions cover all young people who cease to be looked after on or after their 16th birthday and enable them to remain in continuing care up to their 21st birthday.

Education and Skills Committee 20 February 2019 [Draft], Maree Todd (Minister for Children and Young People), contrib. 2, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=11948&c=2152888

The Committee asked the Minister about data collection in connection with the policy, and about support for kinship and foster care. The Minister offered to write to the Committee to provide an update.

Maree Todd MSP, Minister for Children and Young People, moved—

S5M-15747—That the Education and Skills Committee recommends that the Continuing Care (Scotland) Amendment Order 2018 be approved.