Meeting of the Parliament [Last updated 21:19]

Meeting date: Tuesday, February 3, 2026

Official Report 409KB pdf

Children’s Wellbeing and Schools Bill

The next item of business is a debate on motion S6M-20645, in the name of Jenny Gilruth, on a legislative consent motion for the Children’s Wellbeing and Schools Bill, which is United Kingdom legislation. I would be grateful if members who wish to speak would press their request-to-speak button.

18:48

Today’s debate focuses on proposed changes to UK legislation. The changes would give the Scottish ministers powers to make provisions that are consequential on devolved aspects of the Children’s Wellbeing and Schools Bill in respect of community-based and secure accommodation.

In June 2025, the Scottish Parliament agreed to a motion extending provisions within the Children’s Wellbeing and Schools Bill to Scotland, allowing children from Scotland to be placed in community-based settings in England, once they are developed and if they are judged to be in the children’s best interests. It is already possible for children living in Scotland to be placed in secure accommodation in England, although that is rarely done. Importantly, this change does not alter Scotland’s existing decision-making processes, nor does it change our commitment to reducing cross-border placements wherever possible. As was made clear during last year’s parliamentary debate, placements into provision in England should occur only in exceptional circumstances and, especially, should not occur in response to capacity pressures.

Members will be acutely aware of the previous challenges that we have faced around secure accommodation capacity in Scotland.

Although 16 of Scotland’s 70 beds are currently vacant, our work with providers and partners to restore and enhance that capacity continues. On 8 January, we launched a 14-week public consultation on the future of secure care in Scotland, which includes questions on the potential development of community-based accommodation in Scotland. We welcome views on how secure provision should evolve to ensure that we continue to meet the needs of our children and young people.

Will the LCM or the UK legislation alter the status of English young people in secure accommodation in Scotland, with regard to their human rights and the United Nations Convention on the Rights of the Child, which now applies in Scotland?

It my understanding that the LCM will not alter things in relation to the specific point that the member makes. It is important to say that the measure is a future-proofing one and is reflective of the powers that are being brought forward for the Welsh ministers, as it is important that we have consistency across the piece.

Last June, we had agreement from Parliament, and further consideration was given to granting powers to the Scottish ministers, as I have alluded to, to make provision that is consequential on devolved aspects of the bill, specifically in relation to accommodation that is used for the deprivation of liberty. Although the provisions that were consented to in June should cover all necessary amendments to Scottish legislation, taking the additional powers that we are considering today would provide flexibility should future changes to Scottish legislation be required. That will ensure that children’s rights remain fully protected and that their best interests continue to guide every decision that we make.

Taking these powers also protects the devolution settlement. The provisions that are subject to the motion will ensure that consequential amendments that are made to devolved legislation are made by the Scottish ministers, reflecting the core principle that changes to devolved legislation should be made in this Parliament, unless there are compelling reasons not to do so.

It is important that decisions should be taken in this Parliament, but does the cabinet secretary agree that it is also important that the Parliament’s scrutiny role is upheld? The Education, Children and Young People Committee was not able to scrutinise the LCM due to the timing—it has come straight to the chamber. That follows the earlier LCM back in June, when we were given only one day, which meant that it was not possible for us to look into it. Is that something that the Government will consider?

Yes, it very much is. I am aware that Mr Dey, as parliamentary business manager, has been leading work on that at the Conveners Group. There are wider issues pertaining to the timetables associated with LCMs and lodging, and I recall that Mr Ross raised those exact issues at the end of June. The Secretary of State for Education wrote to me on 7 January, so some timings are outwith the Government’s control in that regard. However, to give Mr Ross comfort, we are absolutely committed to looking at those issues in more detail.

I am mindful of time. For the reasons that I have given, I recommend that the Scottish Parliament consents to the motion on giving the Scottish ministers powers to make provision that is consequential on devolved aspects of the Children’s Wellbeing and Schools Bill, in respect of community-based and secure accommodation.

I move,

That the Parliament agrees that the relevant provisions of the Children’s Wellbeing and Schools Bill, introduced in the House of Commons on 17 December 2024, and subsequently amended, relating to the new clause to be inserted after clause 64, which grants powers to the Scottish Ministers to make provision that is consequential on devolved aspects of clause 11 (Use of accommodation for deprivation of liberty), so far as these matters alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.