Eligibility for formal support (children and young people)

There may come a time when you decide that the needs of your child means you need additional support from social work services.

It might be you that makes this decision. Or it may be that someone else, such as a Carers’ Centre, school nurse or even a friend might suggest that you get in touch with social work.

Whether you will be able to get formal support from social work services depends on your child and your family’s circumstances and needs.

 

Who can get support?

Each council area has slightly different rules about which children and families are able to get formal, funded support. These rules are known as eligibility criteria.

Generally, the eligibility criteria will be based around how much your child’s needs impact on family life, and if there is a risk of family breakdown.

To find out if your child is eligible, the social work department will carry out an assessment.

Find out more about what this involves in the next section: Assessment of your child’s needs

The law says children under 18 who need additional support have the right to an assessment.

Your council cannot make a decision if your child is eligible for support, until they have completed an assessment.

Your child also does not need a formal diagnosis to ask for an assessment. Their practical support needs will be the same, with or without a formal diagnosis.

Your council will have a lengthy waiting list so it is likely that, unless there is a risk of harm to your child, there will be a wait to have an assessment.

 

What other types of support can my child get?

While you are waiting for the assessment, you should be referred to other organisations who can support you.

These might be organisations that support children with specific health conditions, your local Carers’ Centre, or local community groups.

Your council has to signpost you to other support services in your area or further afield. They might put you in touch with a Local Area Co-ordinator for further help.

 

Next steps

It may be useful to speak to a local Independent Support Organisation or Carers’ Centre if your child needs support.

You can find your local Independent Support Organisation using the Find Help search tool.

You can find your local Carers’ Centre here.

Read the next page: Assessment of your child’s needs

The law about support for children is called the Children (Scotland) Act 1995.

It says children who are described as “in need”, under the age of 18, have the right to an assessment of their needs.

“In need” means:

  • they are unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development unless they are provided services by a local authority (council)
  • their health or development is likely significantly to be impaired, unless they are provided services by a local authority (council)
  • they are disabled
  • they are affected adversely by the disability of any other person within their family.

You can find the full text of the law here.

Part of
Last Updated
03 September 2024
First Published
22 March 2024
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Disclaimer

Please note that the information contained in this Handbook is provided for guidance purposes only. Every reasonable effort is made to make the information accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by Self Directed Support Scotland or any other contributing party.

The information does not, and is not intended to, amount to legal advice. You are strongly advised to obtain specific, personal and professional advice from a lawyer about employment law matters, or an accountant/ tax specialist about taxation matters, and from HMRC and your insurers. You should not rely solely on the information in this Handbook. Support organisations listed in this Handbook can help you find appropriate sources of advice.