Scotland's Children Children (Scotland) Act 1995 Implementation Newsletter No 4

KEY TERMS IN THE ACT

Placement

A placement is the provision of accommodation by a local authority for a child looked after by them by:

placing them with a family (other than the child’s own family), a relative, any other suitable person; maintaining them in a residential establishment; making other appropriate arrangements.

Foster

To foster means to arrange for a child to live as a member of the family of a person who is not a parent, does not have parental responsibilities in respect of the child and who is not a ‘relevant person’* in relation to the child and who undertakes to look after the child other than in accordance with the Adoption Agencies (Scotland) Regulations 1996.

* For children’s hearings cases, a ‘relevant person’ is:

a parent enjoying parental responsibilities and rights any person in whom parental responsibilities and rights are vested any person who ordinarily has charge of, or control over, a child.

Refuge

Where a child appears to a local authority to be at risk of harm, they may, if the child requests it, provide that child with a short-term refuge:

in a residential establishment controlled or managed by them and designated by them for purposes of providing refuge, or in certain approved households designated by them for purposes of providing refuge.

A local authority may also approve for use as a refuge voluntary or private residential establishment (or parts of them) registered under Section 61 of the Social Work (Scotland) Act 1968.

Children provided with refuge would not become children who are looked after by the local authority, solely by virtue of a refuge being provided. The provision of refuge does not change a child’s status.

The period of refuge should not normally exceed seven days, although in exceptional circumstances prescribed in Regulations, this may be extended to fourteen days.