Understanding Legal Context and System Definitions of Care Experience in Scotland
Scotland doesn’t have a single legal definition for 'care experience.' Instead, different terms describe children and young people supported by the local authority - such as looked after children, foster care, kinship care, residential care, and Compulsory Supervision Orders. The Scottish Government is considering defining 'care experience' more clearly by 2025.
Legal Definitions
While 'care experience' is widely used, legal terms focus on:
Looked After Children – Currently or previously in local authority care.
Foster & Residential Care – Living with trained foster carers or in care homes.
Kinship Care – Cared for by relatives or family friends.
Compulsory Supervision Orders – Legal measures affecting where a child lives.
Adopted from Care – Includes those adopted after being in care.
Why Is There Confusion?
No Unified Term – Different definitions create inconsistency.
Pending Legislation – The Scottish Government may define 'care experience' by 2025 for clarity.
Until then, organisations should support individuals based on lived experience, not just legal classifications.
Glossary of Terms - Jargon Buster
Care Experience – A lifelong identity shaped by being in the care system.
Kinship Care – Care by relatives or close family friends.
Formal Kinship Care – Arranged by the local authority.
Informal Kinship Care – Arranged privately within the family.
Foster Care – Care by trained foster carers.
Residential Care – Living in a residential care home with staff support.
Secure Care – High-supervision care for children at risk.
Adoption – Permanently transferring parental rights to adoptive parents.
Looked After Children (LAC) – Young people under local authority care.
Compulsory Supervision Order (CSO) – A legal order ensuring a child's welfare.
Care Leavers – Young people who have left care but may receive support up to age 26.
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