Anuone any ideas or comments on this case:

A 19 year old disabled man, lived with his aunt and uncle since childhood. both natural parents are deceased. Aunt and Uncle are guardians and acuired parental responsibilty by Virtue of Regulation 11 of the Children (Scotland) Act which corresponds to the Section 12(2) of the England and wales Children act.

Now that the young person is 19 and claiming ESA in his own right the aunt and ununcle want to create a tenancy agrement.

I am aware of the possiable contrived tenancy argument etc, but also wondering if by virtue of the former parental responsibility residence order if the aunt and uncle are close relatives, in effect the parents.

Anyone any comments ?

Many thanks

Having parental responsbibility does not make the person with that responsibility a close relative. This is evident from the rest of S12 of the Children Act

"(2) Where the court makes a residence order in favour of any person who is not the parent or guardian of the child concerned that person shall have parental responsibility for the child while the residence order remains in force.
(3) Where a person has parental responsibility for a child as a result of subsection (2), he shall not have the right—
(a) to consent, or refuse to consent, to the making of an application with respect to the child under section 18 of the <1976 c. 36.> Adoption Act 1976;
(b) to agree, or refuse to agree, to the making of an adoption order, or an order under section 55 of the Act of 1976, with respect to the child; or
(c) to appoint a guardian for the child."