Commentary on Sections Local authority functions Section 88 – Expenses of attending funeral
236.Subsection (1) provides that this section applies where a child dies and was being looked after by a local authority immediately before their death, or an adult dies who was in the care of, or receiving assistance from, a local authority immediately before death. As per subsection (2), in such cases the local authority may pay the expenses for attending a funeral in certain circumstances. Expenses can cover the cost of travelling to the funeral, and other costs incurred by the person attending.
237.Expenses may be paid only where the person meets the conditions set out in subsection (3). These are that the person (referred to as a “relevant person”) would not be able to attend the funeral without suffering undue hardship if the local authority did not make the payment, and that the circumstances justify the payment being made, in the opinion of the local authority.
238.Where a child has died, a “relevant person” is a relative of the child or another person connected with the child. Where a person other than a child has died, a “relevant person” is a relative of the child or some other person connected with the person who has died. Subsection (5) defines a child who is “looked after” by a local authority as being construed in accordance with section 17(6) of the Children (Scotland) Act 1995.