Chamber and committees

The Children (Scotland) Act 1995 is the key legislation on contact, residence and parental responsibilities and rights. When the court is deciding whether to make an order under section 11 of the Act (e.g. a contact order) the driving principle of the legislation is that the welfare of the child must be the court’s paramount consideration.

The court must also – taking into account the child's age and maturity – have regard to any views the child wishes to express and have regard to the need to protect the child from any abuse (including domestic abuse), or the risk of any abuse, which affects or might affect the child.

It is for the court to decide what information and evidence it needs to make a decision about what is best for a child. The court may request a range of reports and information before reaching a decision and may appoint a child welfare reporter to get the child’s views or report on the best interests of the child.

The court can order that contact must take place at a child contact centre. This can either be supervised contact, when a trained member of staff observes the contact to ensure the safety of those involved, or supported contact, facilitated by staff who will support children and non-resident parent to meet and spend time together.

I refer the member to the answer to question S6W-35680 on 27 March 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

The Scottish Government works closely with local authorities and partner organisations to embed the principles of The Promise in their policies and practices.

I regularly meet with Councillor Tony Buchanan, the COSLA Spokesperson for Children and Young People, to discuss progress and how we can work together to recognise and share good practice.

There is a large amount of positive work underway across Scotland through local authorities, partnerships and across the public and third sector. During my time in office I have had the honour to meet with children, young people, families and workforce across the country to see and hear of the impact of the projects and initiatives that are underway.

This includes work supported by our multi-year commitment to funding Children’s Services Planning Partnerships to transform family support in their local areas which was recently raised from £32 m to £38 m a year.

Children’s Services Planning Partnerships and local authority Promise teams capture local progress that they are undertaking and for example, I am aware that Renfrewshire recently published their Promise Report for 2025 which highlights all of the activity that they have undertaken over the past 5 years.

Understanding both good practice and the barriers and challenges to change is essential to support the next stages of national and local progress. While there is excellent work happening at local authority level, I am aware that there needs to be more consistency with progress across the country. I continue to encourage local authorities to share and learn from each other to make this happen.

I have asked The Promise Scotland to provide a picture of the activity underway in localities across Scotland to keep The Promise. This will draw on a range of sources as well as being informed by insights.

The Promise Progress Framework, which was published in December, will be instrumental in understanding how we are keeping The Promise and I welcome the recent recognition from the Promise Oversight Board of the important role that this will take.

The Framework has been developed by COSLA, The Scottish Government and The Promise Scotland, with input from key stakeholders including local authorities, Public Health Scotland, the Improvement Service, CELCIS, Who Cares? Scotland, the Care Inspectorate, Police Scotland and Scottish Fire and Rescue Service.

The Scottish Government’s Statutory Guidance on Corporate Parenting sets out how local authorities and public bodies consider their contribution towards providing safe, secure, stable and nurturing homes for young people leaving care. As corporate parents, all public bodies have a collective responsibility to help shape lives and provide opportunities for our children living in care and care leavers.

In January, the Scottish Government published the third statutory corporate parenting report which outlines the activity across Scotland by the Scottish Government and Executive Agencies, as well as other public bodies, to help uphold the rights and secure the wellbeing of children and young people in care and care leavers.

The Scottish Government provides Who Cares? Scotland with grant funding to deliver support and training to Corporate Parents.

The Scottish Government’s Continuing Care and Aftercare policies provide the framework for supporting young people transitioning from care on to more independent living. Through the Local Government Settlement, the Scottish Government funds local authorities to provide this support.

Continuing Care enables eligible young people from age 16, living in foster, kinship or residential care to remain in their care setting with the same level of support until their 21st birthday, maintaining and building on the strong and positive relationships developed with their carers and offering a pathway to safe, sustainable and affordable accommodation. Aftercare provision is available to all young people leaving care from age 16, regardless of their care setting, and enables them to request support, assistance and advice, based on individual need, from their local authority up to age 26, and beyond in some cases.

The type of accommodation that a young person leaving care is provided with should be informed by the Aftercare pathways assessment and plan, undertaken with a holistic and person centred approach. The pathway plan will set out the type of accommodation which best meets the needs of the young person and how this is to be obtained. Some young people will need more support than others on a range of matters and therefore the provision of suitable accommodation should also be accompanied by appropriate levels of support, bespoke to the individual needs of each young person.

Care leavers in receipt of Universal Credit Housing Element or Housing Benefit who find that their benefit does not cover all their rent can apply to their local authority for a Discretionary Housing Payment (DHP). DHPs can also be used where local housing allowance (LHA) rates for benefits recipients in the private rented sector are insufficient.

The Scottish Government provides a broad package of financial support for those leaving care. Section 30 of the Children (Scotland) Act 1995 sets out financial assistance available through Aftercare.

A Care Experience Bursary of £9000 is available for care experienced young people in Further and Higher education. In addition, a Summer Accommodation Grant of up to £1,330 is available to support Care Experienced students with their accommodation costs through the summer break. Some institutions may also offer discretionary support for childcare and travel costs or rent guarantees for private accommodation. The ‘Care Leavers Council Tax Exemption’ means that young people leaving care are not liable for Council Tax until their 26th birthday.

Work is also currently underway to develop the Care Leaver Payment. The Care Leaver Payment as currently proposed will provide a one-off payment of £2,000 to young people leaving care, with the intention of helping to reduce some of the financial barriers young people face whilst transitioning into adulthood and more independent living.

Following the publication of the analysis of our ‘Moving On’ from care into adulthood consultation on the current and potential package of support for young people leaving care, work is underway across the Scottish Government and with our partners to ensure that our response to the changes called enables young people to access the support they need to thrive in young adulthood

All three- and four-year-olds, as well as eligible two-year-olds, have a statutory entitlement of up to 1140 hours per year of funded ELC.

The most recent ELC Census shows that uptake of the funded ELC offer for 3- and 4-year-olds was around 95% of eligible children in 2024. For eligible 2-year-olds, the proportion was 59%.

According to Improvement Service data in September 2024, around 98% of children aged 3 or more receiving funded ELC in September 2024 were reported to be accessing more than 600 funded hours, and 89% were reported to be accessing the full 1140 funded hours. This data also shows around 92% of eligible 2-year-olds reported to be receiving funded ELC in September 2024 were reported to be accessing more than 600 funded hours, and around 77% were reported to be accessing the full 1140 funded hours.

Data for previous years on the number of eligible children accessing funded ELC is available from summary statistics, available here: Early learning and childcare statistics - gov.scot.

Data for previous years (reported quarterly) on the proportion of children accessing funded ELC who have used the full 1140 hours in previous years is available from Improvement Service reports, available here: ELC data collections, reporting and analysis | Improvement Service.