The Children (Care, Care Experience and Services Planning) (Scotland) Bill is a Government Bill introduced to the Scottish Parliament on 17 June 2025. It takes forward a number of changes intended to meet various recommendations of the 2020 Independent Care Review (also known as The Promise).
The Children (Care, Care Experience and Services Planning) (Scotland) Bill was introduced to the Scottish Parliament on 17 June 2025.
The Bill is in three parts:
Part 1, Chapter 1 extends eligibility for aftercare support for young people leaving care prior to their 16th birthday. It also extends corporate parenting duties for certain publicly funded organisations to include those leaving care prior to their 16th birthday, and puts a duty on Scottish Ministers to issue guidance in relation to care experience in order to aid understanding of their circumstances.
Part 1, Chapter 2 gives Scottish Ministers power to make regulations requiring non-local authority residential care providers to provide financial and operational information through an initial information request. It introduces a requirement for Independent Fostering Agencies (IFAs) to be registered charities, and gives Scottish Ministers powers to create a register of foster carers.
Part 1, Chapter 3 makes changes to the operation of the children's hearings system, including to the tests for referral to a hearing, the composition of panels, requirements around children's attendance at hearings, and terms of compulsory supervision orders (CSOs) and interim variation of CSOs.
Part 2 makes changes to planning arrangements for children's services, providing for any Integration Joint Boards (IJBs) covering an area to join local authorities and health boards on the list of bodies required to plan children's services.
Part 3 contains the final provisions for the Bill.
This briefing explores the provisions of the Bill in more detail. It also considers the policy context and relevant background.
Legislation
The legislation referred to throughout the Bill and in this SPICe briefing is set out below:
Children (Scotland) Act 1995: The primary piece of legislation relating to the care, welfare, protection and rights of children and young people in Scotland. It provides a definition of 'looked after' and also makes provision on a range of areas including: local authority duties to children looked after by them; local authority service provision for children and families in need of support; the Children's Hearings System; and parental responsibilities and rights of birth parents regarding how their child is brought up and situations in which these rights may be removed.
Amendments to the 1995 Act via the Children (Scotland) Act 2020 introduced duties for the local authority, when making decisions about the care of a looked after child, to take the views of their siblings into account; and to promote direct contact and personal relations between a looked after child and any of their siblings.
Adoption and Children (Scotland) Act 2007: This Act modernised adoption, introducing Scotland's Adoption Register to help match children placed for adoption with families. It also gives local authorities the ability to apply to court for 'Permanence Orders', vesting parental responsibilities and rights in the authority or being shared between the authority and parents and/or carers. The Act also gives unmarried couples the right to adopt.
Education (Additional Support for Learning) (Scotland) Act 2009: This Act amended the 2004 Act of the same name to clarify that all looked after children are automatically considered to have additional support for learning needs, and that they must be assessed to determine whether or not they require a Co-ordinated Support Plan. Under the 2004 Act, local authorities and other agencies have a duty to assess, monitor and support any child who requires additional support in order to engage in education.
Public Services Reform (Scotland) Act 2010: Part 5 of the 2010 Act provides the current regulatory regime for residential care providers.
Children's Hearings (Scotland) Act 2011: This Act fundamentally overhauled legislation on the children's hearings system and sought to strengthen children's rights in the context of that system.
Children and Young People (Scotland) Act 2014: This Act introduced a range of reforms across children's services, including: the introduction of corporate parenting duties for certain publicly funded individuals and organisations to meet the needs of care experienced people; local authority duties to provide services and support for children at risk of becoming 'looked after' and to provide assistance for kinship carers; extension to the age of eligibility for aftercare support for young people leaving care to 26; the introduction of 'continuing care', providing those leaving care up to the age of 21 with the opportunity to continue with accommodation and support they were provided with immediately before they ceased to be looked after.
Public Bodies (Joint Working) (Scotland) Act 2014: Provided the framework for integrating health and social care services in Scotland by establishing new integration authorities.
Children (Care and Justice) Act 2024: This Act introduced changes in relation to the care of children involved in the care system and the criminal justice system. Provisions in the Act ending the placement of under 18s in Young Offenders Institutions (YOIs) were enacted in September 2024.1 Provisions giving children in secure accommodation 'looked after' status for the purposes of accessing support were also enacted in 2024. Once fully enacted, the Act will:
raise the age of referral to the Children's Hearings System from 16 to 18
make changes to the prevention and protection measures available within the system
introduce additional regulation and recognition for cross-border placements where children from outwith Scotland are placed in secure accommodation here
introduce new standards and reporting procedures for secure transportation to and from secure care
establish a single point of contact for victims.
The 2024 Act also repealed the Named Person and Child's Plan provisions in the Children and Young People (Scotland) Act 2014, which were never enacted.
United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024: This Act came into force on 16 July 2024. It protects children's rights in law, giving them access to legal redress if their rights are breached in relation to laws originally made in the Scottish Parliament.
Regulations
Regulations relevant to the Bill are listed below.
Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003: These regulations set out local authorities' legal duties to prepare young people for leaving care, providing for advice and assistance - known as 'aftercare' support.
Looked After Children (Scotland) Regulations 2009: These regulations underpin many processes around the care of looked after children, making provision for the duties and functions of local authorities in relation to children looked after by them and revoking and amending previous regulations. They make provision for the care planning process; children 'looked after at home'; kinship care; foster care; and residential care.
These regulations were amended in 2021, introducing a duty for local authorities to place siblings together in care, as long as this is in their best interests. If it is not in their best interests to be placed together, brothers and sisters must be placed in homes near to one another.
Terms
Advocacy: Helps people express their views and make informed decisions. Advocates do not reach a decision on an issue for someone, instead they support that person to make their own choices.
Aftercare: Support provided to an eligible young person leaving care on or after their 16th birthday.
Care Experienced: While there is not a definition in law, a care experienced person is someone who has spent any length of time in the care system during their life.
Children's hearing: A children's hearing is a legal meeting during which panel members (the tribunal decision makers) make legal decisions about the care and protection of young people referred to them.
Compulsory supervision order (CSO): Children's hearings can decide whether or not to make a CSO. Introduced by the Children's Hearings (Scotland) Act 2011, CSOs can contain conditions of residence stating where the child must live, in addition to other conditions such as contact with family members. A CSO is a legal order that means the local authority is responsible for implementing the child's care plan and promoting their welfare.
Corporate parenting: Scottish public bodies defined as corporate parents in the Children and Young People (Scotland) Act 2014 have duties toward care experienced young people, including promoting their interests, assessing their needs and providing opportunities and support.
Foster care: Where children or young people cannot be cared for by their birth parents or by a kinship carer, the local authority may place them into foster care with an approved foster carer. Often this is a temporary arrangement, but it can become permanent under some circumstances.
Independent Care Review: This review made recommendations about the reform of the children's care system in its final report, The Promise, published in 2020.
Integration Joint Boards (IJBs): Introduced by the Public Bodies (Joint Working) Scotland Act 2014, IJBs are responsible for planning health and care services. Certain services that were traditionally the responsibility of either the health board or the local authority became the responsibility of the IJB: these are called delegated services. For other services, including children's health services, and children’s social care services, the partners could decide whether to integrate them or not. What emerged were 31 health and social care partnerships for planning and delivery purposes. However, most staff continued to be employed by either the health board or local authority. 10 health and social care partnerships also have delegated children's health and social care services.
Interim compulsory supervision order (ICSO): Where a hearing defers a decision regarding a child not already subject to a CSO, an ICSO may be made where a children's hearing panel is satisfied it is necessary as a matter of urgency.
Kinship care: This is where a child or young person who can no longer be cared for by their birth parents is looked after by extended family or someone known to them. The Looked After Children (Scotland) Regulations 2009 defines a kinship carer as “a person who is related to the child” or “a person who is known to the child and with whom the child has a pre-existing relationship”.
Looked after: The term 'looked after' is used where a local authority has taken on some legal responsibility for the care and wellbeing of a child or young person. The Children (Scotland) Act 1995 sets out the definition of 'looked after' and local authority duties to looked after children in their care.
Residential care: Children and young people may be placed in care in residential children's homes via a children's hearing or on a voluntary or emergency basis. Residential children's homes can be run by local authorities or the voluntary or independent sector. There is variation in terms of provider, purpose and size of these.
Scottish Children's Reporter Administration (SCRA): When children are referred for hearings, these are organised by SCRA. The SCRA Principal Reporter prepares a list of reasons, known as ‘grounds’ why a child may be considered to be at risk. This forms the basis of a referral to a children’s hearing.
The children's care system in Scotland is currently going through a period of reform. This began with the Independent Care Review, commissioned in February 2017 to carry out a 'root and branch review' of the care system. A key purpose of the review was to look at how Scotland might address the inequality of outcomes care experienced people face in many areas of their lives, such as health and education.
The review findings, set out in The Promise, were published in 2020 and accepted by the Scottish Government. A further review of Scotland's children's hearings system was also carried out, with findings published in 2023.
The Children (Care, Care Experience and Services Planning) (Scotland) Bill forms part of the Scottish Government's work to implement the recommendations of The Promise. It follows consultations on: moving on from care into adulthood; the future of foster care; developing a universal definition of care experience; and children's hearings redesign.
Further information on the reviews and consultations highlighted above can be found in the following sections of this briefing.
The SPICe briefing Scotland's care system for children and young people: Subject profile 2025 update sets out further background on Scotland's care system for children and efforts to reform it.1
The Independent Care Review was commissioned in February 2017 to carry out a 'root and branch review' of the children's care system. A key purpose of the review was to look at how Scotland might address the inequality of outcomes care experienced people face in many areas of their lives, such as health and education.
People with experience of the care system represented half of the review group's co-chairs and working group members. During the lifetime of the review, the views of over 5,500 care experienced children and adults, as well as parents, carers and the care workforce, were listened to.
The review findings were published in February 20201. The main findings were set out in The Promise2, and accompanying reports examined different aspects of the care system3. The Promise gives a vision for a Scotland where, by 2030, all children grow up loved, safe and respected with effective support reducing the need for children to go into care. This vision is built on five foundations:
Voice: Children must be listened to and involved in decisions about their care.
Family: Children feel loved and safe in their families and families are given the support they need.
Care: Children must not be separated from their brothers and sisters wherever possible. Legislation to help siblings in care stay together has since come into force in July 2021.4
People: Care experienced children must be supported to develop relationships.
Scaffolding: Children, families and the workforce must be supported by an accountable system that provides help and support when required.
The Scottish Government accepted the recommendations of the review in February 2020.
Following publication of the recommendations, The Promise Scotland was set up by Ministers as an independent organisation to oversee change. Its goal is to enable Scotland to ‘keep the promise’ to care experienced children and young people by 2030. In addition, the Oversight Board was set up to review progress.
The Promise Scotland does not hold statutory powers or responsibilities; its role is to oversee, drive and support change. It works with organisations and individuals all over Scotland to help others deliver change for care experienced children and young people.
In a written answer published in March 20215, the then Minister for Children and Young People, Maree Todd MSP, stated that the role of The Promise Scotland is to:
... help drive forward the change needed for Scotland to keep "The Promise".5
The Minister also described the role of the Scottish Government to:
... underpin the work that needs to be done to make the real transformation to developing policy and focus on what matters, the people, the children and families most in need of support.5
Ministerial responsibility for The Promise currently sits with the Minister for Children, Young People and The Promise, Natalie Don-Innes MSP, reporting to the First Minister.
A Cabinet sub-committee on The Promise was set up to monitor progress and decision making in relation to the Promise across a number of portfolios. Sub-committee members are: the First Minister; the Minister for Children, Young People and The Promise; the Cabinet Secretary for Finance and Local Government; the Cabinet Secretary for Justice and Home Affairs ; the Minister for Drugs and Alcohol Policy; the Minister for Equalities; and the Minister for Social Care, Mental Wellbeing and Sport.8
The Hearings System Working Group chaired by Sheriff David Mackie published recommendations for the redesign of the children's hearings system in May 2023. Recommendations in the report included:
Children and families must understand their rights and how to access them. Advocacy support must be offered at the point of referral, and children must be told about their right to legal representation.
The Principal Reporter should work closely with children and families, and grounds should be agreed in a separate process prior to a hearing. There should not be long waits while grounds are being established, and children and families must understand why they have been referred.
The working group found evidence children's hearings are viewed as confrontational. This should change, with the focus being on what is best for the child.
There should be a consistent, remunerated and highly-qualified Chair of the Panel and two Panel Members.
There should be consistency of Sheriffs and Panel Chairs, so that children become familiar with them and they are familiar with the circumstances of the case.
Sheriffs should have special training in order to work alongside children and their families, with Sheriff Court experiences feeling similar to that of a hearing.
The Principal Reporter should be able to work with families before the birth of a child, to enable planning and avoid rushed decisions after birth.
Preparation before a hearing should give children and their families the opportunity to meet the Chair, provide clear communication in the name of the Chair about the meeting and meetings should be scheduled at a time which causes the least disruption to a child's life.
Children, families and the related workforce must have the time they need to read information prior to a hearing taking place.
The plan for system change must be led by the Scottish Government.
The Scottish Government response to the report accepted a number of recommendations, identified others requiring additional analysis, and declined to accept several others including proposals to introduce salaried professional Chairs and remunerated Panel Members. However, the Bill does propose the introduction of remuneration for Chairing Members and Specialist Members of the children's panel.
Ahead of the Bill's introduction, the Scottish Government held consultations on:
Key themes emerging from these are summarised in the following sections.
The consultation on moving on from care into adulthood sought information about the experiences of those leaving care in relation to areas including planning and preparation, continuing care, aftercare, health and wellbeing support, education, employment and housing.
The consultation analysis was published in January 2025. There were 69 responses to the consultation, with 22 from individuals and 47 from organisations. Respondents highlighted issues including:
the need to involve the young person and their family in timely planning
supporting young people to develop life skills including financial management and self-care
the role of advocacy for care experienced young people
extension of eligibility for continuing care and aftercare to other groups of care experienced young people, particularly those leaving care before their 16th birthday
greater need for awareness around rights and corporate parenting responsibilities
a need for lifelong support for care experienced people; and
the importance of trauma informed multi-agency collaboration.
The Scottish Government consulted on the future of fostering in Scotland between October 2024 and February 2025. The consultation asked for views on a flexible fostering approach, how people could be encouraged to become foster carers and what support foster carers need.
The future of foster care consultation analysis was published in July 2025. There were 100 responses, with 55 of these from individuals and 45 from organisations. 21 consultation events were held with children and young people, foster carers and other professionals, and findings from conversations Who Cares? Scotland held with 42 children and young people are also noted in the analysis.
Issues highlighted by respondents included1:
While there was support for the Scottish Government's proposed vision for foster care, many felt it would be difficult to achieve due to issues such as limited funding and falling numbers of foster carers.
Support for the development of a flexible fostering approach, including a bigger role in supporting families at the edge of care. However, there were also concerns that this could pose some risk to foster carers and lead to them being expected to carry out work currently done by professionals such as social workers.
The need for foster carers to have terms and conditions and roles and responsibilities more clearly defined in order to support a flexible fostering approach.
The need for improved terms and conditions for foster carers was also highlighted, with 47% stating the current financial model was not effective. 82% said there should be a national approach to fees and additional payments. 92% said foster carers should have a retainer fee when they do not have a child placed with them.
96% of respondents said there should be a national approach to continuing care allowances.
Questions around what role Independent Fostering Agencies (IFAs) should play in the future of foster care, with 84% of respondents stating they should have the status of a charity in order to restrict profit. 90% agreed IFAs should pay their foster carers at least the Scottish Recommended Allowance (SRA).
Concerns around the impact of changes relating to IFAs on the number of foster carers.
Support for a national foster carer recruitment campaign.
83% of respondents said there was a need for a new training and skills framework for foster carers.
There was support for the proposal to create a National Register of Foster Carers, with many respondents favouring a register managed by central government, and other suggestions including the Scottish Social Services Council (SSSC), the Association for Fostering, Kinship and Adoption (AFKA) Scotland or other third sector. AFKA Scotland currently hold Scotland's adoption register. A national approach to matching children and carers was supported by respondents, though there were concerns this would be hard to put into practice and cause problems with current placements.
The proposal for a national charter for foster carers was supported by many.
91% of respondents said national guidance for dealing with allegations and raising concerns about foster carers should be updated to be made clearer. Respondents also said foster carers should have a right to raise concerns.
Housing, cost of living support for foster carers and resources and information were other areas highlighted.
The Scottish Government launched a consultation on the development of a universal definition of care experience in October 2024.
The consultation sought views on the need for such a definition, the impact of introducing this and about language used to speak about care experienced people. Consultation analysis was published in July 2025.
There were 142 responses to the consultation - 71 from individuals and 71 from organisations. 58% of the responding organisations had corporate parenting duties under the Children and Young People (Scotland) Act 2014. Eight stakeholder events were also held, with representatives from local authorities, health boards, membership bodies, and third sector and higher and further education organisations.
On a universal definition, the consultation found:
80% support for a universal definition of 'care experience'.
Respondents identified that a definition might be useful for research and data collection and may also enable 'care experience' to be included in adjustments to the Equality Act 2010.
Concerns around the potential impact of a universal definition on resources and budget.
Concerns around the potential for a definition to exclude some people and create stigma around care experience if not appropriate.
There was support for looked after at home, kinship care (both looked after children and non-looked after children), foster care, residential care, residential special school, supported accommodation, secure care and adoption being included in the definition.
A number of respondents also said unaccompanied asylum-seeking children should be included in the definition.
Respondents also noted the need to consider how a definition interacts and impacts on existing and future legislation and policy.
On the language around care, the consultation found:
Many felt current language is unclear and/or inconsistent and existing terms had negative impacts on care experienced people.
Support for consultation with care experienced people about language used.
A Scottish Government consultation on children's hearing system redesign proposals launched in July 2024, which ran to October 2024. An independent analysis of responses was published in February 2025.
The analysis found there was general support for a move away from an adversarial approach to children’s hearings toward an inquisitorial one, though some expressed concerns about a complete move away from this in terms of legal rights. There was also support for ensuring children’s voices are at the heart of the system and alignment with the United Nations Convention on the Rights of the Child (UNCRC). The need to consider the unintended consequences of changes to the system was also highlighted by many respondents.
While 51% of respondents did not answer a question on whether there should be “some measure of payment for panel members, over and above the current system of expenses, in return for the introduction of new and updated expectations”, of the 49% that did answer, 26% said no and 74% said yes.
A proposal for the creation of a new ‘legal member’ was not a recommendation of the Hearings System Working Group, but was included in the consultation. The qualified legal member would reform the role in determining grounds for referral to a children’s hearing currently performed by a sheriff. The legal member would operate in the children’s hearing centres but would not be a children’s panel member.
Of the 43% of respondents answering a consultation question on whether the creation of a legal member would fulfil the recommendation of the Hearing System Working Group that there should be a consistent specialist sheriff throughout the children’s hearing process, 41% said yes and 59% said no.
This part of the briefing describes the Bill in detail.
Where there was a relevant consultation prior to the Bill's introduction, this part of the briefing includes consideration of what was said on consultation in relation to each section of the Bill.
Part 1 of the Bill relates to the children's care system. It is organised into three chapters
Chapter 1 of Part 1 proposes changes relating to aftercare duties (sections 1 and 2) and corporate parenting duties (section 3) for those looked after, or who have previously been looked after.
Chapter 1 also covers advocacy services for care experienced individuals (section 4) and guidance in relation to care experience (sections 5-6).
The final provision of Chapter 1 (section 7) is an interpretation section for Chapter 1.
Section 1 and 2 of the Bill deal with aftercare.
Aftercare is the term used to describe advice, guidance and assistance beyond universal services provided to children who leave care from age 16. Section 29 of the Children (Scotland) Act 1995 (the 1995 Act), as amended by section 66 of the Children and Young People (Scotland) Act 2014 (the 2014 Act), sets out that any child leaving care on or after their 16th birthday is no longer a looked after child and will be eligible for aftercare support services.1
Currently, local authorities have a duty to provide aftercare support services to eligible young people leaving care under the age of 19. In addition, eligible young people aged 19- 25 can also request assistance from their local authority, and the local authority must assess their support needs and provide aftercare support to meet those needs if required.2
Most recently, Section 24 of the Children (Care and Justice)(Scotland) Act 2024 made provision for children remanded or sentenced in secure accommodation to be treated as 'looked after' children, with entitlements to aftercare support.1
Examples of aftercare support can include helping a young person find accommodation; access education and employment opportunities; and/or support their wellbeing through provision of financial support.4
Under the current duties on local authorities, those who left care prior to their 16th birthday are not eligible for aftercare support. The Independent Care Review recommended:
Aftercare must take a person-centred approach, with thoughtful planning so that there are no cliff edges out of care and support. Scotland should behave and act like a good parent that supports young people as they enter adulthood.5, p92
A 2022 Who Cares? Scotland petition (PE1958) submitted to the Scottish Parliament's Citizen Participation and Public Petitions Committee included a call for aftercare provision to be extended to those 'previously looked after' young people who left care before their 16th birthday, on the basis of individual need. The petition gathered 533 signatures and was considered by the Committee. In September 2024, the Committee closed the petition on the basis that the Scottish Government was taking forward work on support for the care experienced community and planned to introduce legislation on the Promise before the end of the parliamentary session.6
The Scottish Government's moving on from care into adulthood consultation also found support for extending the eligibility of aftercare provision to other groups of care experienced people, particularly those leaving care before turning 16.
Section 1 of the Bill amends the aftercare provisions in the 1995 Act to extend aftercare eligibility. Section 1(2) introduces a right for children and young people who were formerly looked after before their 16th birthday to request an assessment of their eligible needs between the ages of 16 and 25 and extends the local authority's power to provide aftercare support to meet those needs if required. It is proposed that this will be introduced incrementally for those turning 16 from April 2027.
Section 1(3) amends section 30 of the 1995 Act on provision of financial assistance toward expenses of education or training to extend eligibility for this to those between the ages of 16 and 25 who were looked after at any point before their 16th birthday.
The Scottish Government's Policy Memorandum accompanying the Bill sets out groups eligible for aftercare support:
Eligible young people are those who have been "looked after" within the meaning of section 17(6) and 17A of the 1995 Act before their 16th birthday. That includes those who were looked after at home, within foster or kinship families, or in residential care, as well as those who have been adopted and were previously looked after. Eligibility will also extend to children and young people who left secure accommodation before their 16th birthday, as well as unaccompanied asylum-seeking children who arrive in Scotland before their 16th birthday and disabled children and young people who have received care under section 25 of the 1995 Act.7,p7
Section 2 of the Bill amends section 29 of the 1995 Act to include those between the ages of 16 and 18 who were looked after in Northern Ireland and are now resident in Scotland as a group eligible for aftercare support from a local authority. This brings parity with current provisions already in place for children from England and Wales.
Section 3 of the Bill relates to corporate parenting.
A corporate parent is one of the publicly funded individuals or organisations with legal responsibilities under Part 9 of Children and Young People (Scotland) Act 2014 ('the 2014 Act').i
These responsibilities are called corporate parenting duties. They aim to ensure that looked after children, and young people leaving care from age 16, receive the same support and opportunities as any good parent would provide. Corporate parents must work together to meet the needs of this group.ii Examples of corporate parents include Scottish Ministers, local authorities, NHS health boards, Police Scotland and further and higher education bodies.
At present, corporate parenting duties apply to looked after children, as well as those who left care on or after their 16th birthday but who are under 26.iii
Section 3 of the Bill amends the 2014 Act in a manner similar to the way in which section 1 of the Bill amends the Children (Scotland) Act 1995.
The effect of section 3 is that the corporate parenting duties would now apply for the first time to those children and young people who were looked after, but who left care before their 16th birthday.
Advocacy helps people express their views and make informed decisions. Advocates do not reach a decision on an issue for someone, instead they support that person to make their own choices.
Section 4 of the Bill says that Scottish Ministers must, by regulations, confer rights of access to what it refers to as care experience advocacy services.
The Independent Care Review found that the term 'care experience' has meaning for many people, and concluded that there should be:
... an expansive and holistic understanding of 'care experience' that includes all the various settings and experiences of care. Within this there must be an understanding of how the role of the state in individuals’ upbringing relates to ongoing rights and entitlements. The experience of being cared for must not be stigmatising.1, p10
There are existing definitions used by organisations, but these are different and while some may be based on legal provisions such as the definition of 'looked after' in legislation, others are not. The Policy Memorandum accompanying the Bill points to the Universities Scotland and Care Inspectorate definitions as two such examples where different wording is used.2
The Scottish Government's Developing a Universal Definition of 'Care Experience' consultationasked respondents for their views on a universal definition. It found broad support (80%) for a universal definition.
The Policy Memorandum states that eligibility for existing support available to care experienced people is not connected by a universal definition, and notes that:
... the lack of a concise and shared definition risks causing confusion about who is included with both service providers and those with experience of care.2, p12
The Policy Memorandum states that while a statutory definition of 'care experience' was considered when developing the Bill, this was not taken forward:
While a statutory definition would enshrine the definition in primary legislation, on balance it was considered that the rigid nature a statutory definition risked the potential to exclude groups of people from such a definition due to too tightly setting parameters. 2, p16
Sections 5 and 6 of the Bill deals with guidance for public authorities and organisations exercising public functions in relation to care experience.
Section 5(1) puts a requirement on Scottish Ministers to issue guidance relating to care experience people and their experiences, in order to promote understanding.
The Policy Memorandum describes what the guidance will do as follows:
The guidance will describe what is meant by the term ‘care experience’, as well as wider guidance around language and terminology. It will also assist in raising awareness of social factors that can lead to involvement with the care system and how we drive the change required on how people think about care experience. The guidance will be co-designed with people with care experience and trusted organisations that have a leading role in the sector to address language and an understanding of the care system. This will enable a more flexible approach, which acknowledges a broad range of care experience, to developing guidance which can be reviewed and developed going forward to reflect future circumstances as we move towards 2030 and beyond.2. p14
Section 5(2) lists that the guidance issued may "promote best practice in"6 :
identifying and communicating with people who are or may be care experienced
ensuring the needs of care experienced people are taken into account in the planning and provision of public services
facilitating access to public services.
Section 5(3) puts a duty on public authorities to have regard to the guidance at subsection (1) when carrying out their functions. In addition, where a public authority arranges for any functions to be carried out on its behalf (for example, by entering into a contract with another person/organisation), the arrangements must include a requirement to have regard to guidance issued under subsection (1) where dealing with people who are or may be care experienced.
Section 5(4) places a duty on public authorities to take appropriate steps to raise awareness of guidance issued under subsection (1).
However, the Policy Memorandum sets out:
It is not intended that the guidance will replace existing statutory definitions which apply to those who are care-experienced or affect their existing legal entitlements. 2, p14
In recognition of this, section 5(5) sets out that a public authority exercising functions relating to a particular description of 'care experience' as specified elsewhere in legislation need only comply with the duties in subsections (3) and (4) as far as is consistent with the exercise of those functions.
Section 5(6) sets out the definition of care experienced persons for the purposes of guidance issued under section 5(1). The Explanatory Notes accompanying the Bill state:
The definition includes children who are or have been looked after or subject to a kinship care order, as well as adults who were looked after by a local authority or subject to a kinship care order at any point during their childhood.8, p5
Section 5(7) sets out that a 'public authority' for the purposes of the section is part of the Scottish Administration, or is a Scottish public authority with "mixed functions or no reserved functions".6 It also states that a 'function' refers to a function within the legislative competence of the Scottish Parliament to place on the authority.
Section 6 makes further provision relating to the guidance at section 5. Section 6(1) sets out that Ministers must consult care experienced people, those representing the interests of care experienced people and other appropriate people "as the Scottish Ministers consider appropriate". 6
Section 6(2), (3) and (4) set out publication and revision of the guidance issued under section 5(1).
Section 7 sets out that, for the purposes of the Bill:
a 'child' refers to someone under the age of 18
a'kinship care order' has the meaning given by section 72 of the Children and Young People (Scotland)Act 2014
'looked after' has the meaning set out in sections 17(6) and 17A(2) of the Children (Scotland) Act 1995.
Chapter 2 of Part 1 relates to the requirements imposed on certain residential care providers (section 8) and fostering agencies (section 9).
Chapter 2 also provides for the creation and maintenance of a register of foster carers (section 10).
Residential care is one option for the care of looked after children. It can be provided by a local authority, the third sector or a private provider.
Part 5 of the Public Services Reform (Scotland) Act 2010, and associated secondary legislation, provides the current regulatory regime for residential care providers. The regulator is the Care Inspectorate (although it is referred to as 'SCSWIS' in the 2010 Act).
Section 8 of the Bill would enable Scottish Ministers, through regulations, to enhance the financial transparency of (non-local authority) residential care providers.
Should it be determined that excessive profits are being made, section 8 of the Bill would also enable the Scottish Ministers to make further regulations to limit residential care providers' profits.
The proposed processes associated with section 8 are described in more detail later.
Section 8 of the Bill applies to two types of (non-local authority) residential care service:i
a children's home, or home mainly for the care of children - these are usually run by paid staff and, in practice, often accommodate young people over the age of 12.1ii
They provide care and support and, in some cases, education
a residential school, usually a small-scale specialist residential setting that provides care and education to children whose support in the family home or school has not met their needs because of a range of challenges.iii
Foster care is another option for the care of looked after children. When children cannot be cared for by their birth parent(s) or by a kinship carer, they may be placed in foster care. This can be a temporary arrangement, but it can also become permanent under some circumstances.
Foster care is primarily organised through the local authority or, where a local authority enters into an arrangement with an external provider, through an Independent Fostering Agency (IFA).i In practice, local authorities directly provide most placements, with IFAs filling around a third of the remaining need.1
Fostering services (through both local authorities and IFAs)ii are regulated by Part 5 of the Public Sector Reform (Scotland) Act 2010 ('the 2010 Act') and associated secondary legislation. As noted earlier, the regulatory body under Part 5 of the 2010 Act is the Care Inspectorate.
Section 9 of the Bill relates to IFAs. It requires an IFA to be a charity - either registered in Scotland, England and Wales or Northern Ireland.
The Scottish Government has said that the proposed change aligns with The Promise's core principles/recommendations on profit in care. Furthermore, because of the legal requirements relating to charities, it will ensure IFAs are overseen by the relevant charity regulators (OSCR for Scottish charities), and must reinvest any surplus into their charitable aims. This, in turn, the Government argues, will boost transparency, prevent profit extraction by the private sector, and enhance public trust in fostering services (Policy Memorandum, paras 108 and 112).2
As discussed in more detail in the next section, the proposed change aims to strengthen an existing not-for-profit policy approach to fostering services in Scotland.
The Policy Memorandum states (at para 113):
A transition period of 18 to 24 months will be provided to allow existing IFAs time to adapt and complete the charity registration process, subject to consultation with the sector, including existing IFAs.
Scottish Parliament. (2025, June 17). Children (Care, Care Experience and Services Planning) (Scotland) Bill: Policy Memorandum. Retrieved from https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/children-care-care-experience-and-services-planning-scotland-bill/introduced/spbill74pms062025accessible.pdf
Section 10 inserts new section 30A into the 1995 Act to give Scottish Ministers the power to "make arrangements for the establishment and maintenance of a register of foster carers" in order to facilitate approval of carers and placement of children at local level.
Section 26(1)(a) of the 1995 Act enables local authorities to provide accommodation to a looked after child by placing them with "any other suitable person". Regulation 21(1) of the Looked After Children (Scotland) Regulations 2009 (the 2009 Regulations) sets out that where a local authority approves a person as a suitable carer, they shall be known as a 'foster carer'. The 2009 Regulations also set out detail on approval of foster carers, fostering panels and placement of children with approved carers.
Approval of foster carers and placement of looked after children is carried out at local level. The Bill does not seek to change this - the Policy Memorandum sets out the objectives of the proposals are to:
Enhance safeguarding by ensuring agencies can check if a prospective carer has had their approval removed previously;
Support the professional recognition of foster carers by establishing a register that promotes consistency, visibility and alignment with the wider childcare and social care professionals;
Support the mobility of foster carers by improving visibility of approval history and fostering status across agencies, recognising that further streamlining the process of transferring between agencies may be needed;
Support better respite care arrangements by improving coordination between local authorities;
Provide robust national data on foster carers to inform recruitment and policy development;
Enable local authorities to find and commission placements more effectively, improving matching for children in care;
Provide a national platform to support and inform foster carer training and professional development by enabling greater visibility of participation in learning or training and ongoing development needs.1, p24
New section 30A(2) sets out that, in relation to approved foster carers, the register is to include: name and address; approval (or termination of approval) as a foster carer; foster care being provided; reasons for termination of approval where applicable; information relating to the approval (for example, number of children permitted to be in their care); and other information about the person or their family as specified in regulations made by Scottish Ministers. Section 30F sets out the regulations will be subject to affirmative procedure.
New section 30A(3) states the register may also include other information about prospective carers who have not been approved, as is specified by Scottish Ministers.
New section 30B gives further detail of what may be included in regulations made by Scottish Ministers, including provision and removal of information on the register, the creation of offences where fostering services fail to provide information or provide late or incorrect information, and the payment of fees in relation to inclusion and disclosure of information on the register.
New section 30C(1) states that the register will not be open to the public and Scottish Ministers must authorise the disclosure of entries on the register to fostering services or other organisations by regulations. Conditions around disclosure of information and steps taken by a fostering service following disclosure of information can also be set out in the regulations.
New 30C(4) makes unauthorised disclosure of information in the register an offence, with (6) setting the penalty for this as a fine and/or up to three months in prison, though (5) clarifies that this does not apply where information is disclosed by Scottish Ministers or with their authority.
New section 30D enables Scottish Ministers to authorise an organisation to carry out functions related to the register and to make payments to the authorised organisation.
New section 30E allows for Scottish Ministers to provide in regulations for the register to operate on a pilot basis for a specified time and in relation to certain types of fostering services (e.g. In one geographical area) and/or all fostering services but only in relation to certain matters.
Chapter 3 of the Bill includes provisions relating to changes made within the children's hearings system.
The legislative proposals contained within this Chapter of the Bill have been directed by the Scottish Government's response to the Hearings for Children report and the responses to the Children's Hearings Redesign – legislative proposals public consultation, held between July and October 2024.
The Hearings for Children report was published in May 2023 following an independent review of the children's hearings system by the Hearings System Working Group, commissioned by the Promise Scotland. The Group were asked to produce proposals that redesigned the hearings system and defined the legislative changes that were required.
In terms of this redesign, and the legislative changes that are made within the Bill, the Policy Memorandum (p 28) sets out the context in which this has been done, stating:
In developing plans for the redesign of the children's hearings system, the capacity of those working within it and the landscape of other pre-existing policy and practice change commitments, are central considerations. These factors apply alongside the primary objective for the redesigned children's hearings system to deliver the best possible experiences and results to children and their families, and to make necessary changes as soon as possible. The proposals in this Bill are focused on the areas where legislative changes are required to improve children's experiences and outcomes.1
The changes made by the Bill in this chapter come under the following headings, and are set out in more detail below:
This part of the Bill makes changes to the composition of children's panels, allowing them to be composed of a single panel member (rather than the current 3 panel members) in certain defined circumstances (Section 11).
It also allows certain panel members to be remunerated (Section 12).
These sections are set out separately below.
Section 13 of the Bill deals with the child's attendance at children's hearings and hearings before a sheriff.
Current position on children's attendance
Currently, a child must attend each time a children's hearing is considering their case and where there are proceedings in front of a sheriff. The child can be excused from attending, with sections 73 and 103 of the 2011 Act setting out the following conditions that must apply for this to happen:
the hearing relates to a ground mentioned in section 67(2)(b), (c), (d) or (g) of the 2011 Act and the attendance of the child is not necessary for a fair hearing
the attendance of the child would place the child's physical, mental or moral welfare at risk
taking account of the child's age and maturity, the child would not be capable of understanding what happens.
The Bill removes the child's obligation to attend hearings and proceedings before a sheriff, though they retain the right to do so.
The Policy Memorandum (p 35) sets out that the policy objective of these changes is:
... to embed child-friendly and trauma informed approaches to the child's participation. Removing the obligation to attend will promote and respect individual children's preferences regarding whether they attend their hearing, and how they participate in it. Physical attendance at a hearing does not necessarily equate to, and should not be conflated with, effective participation in the hearing itself, and the overall process. While removing the obligation to attend could, in isolation, risk losing the child's voice in proceedings, that risk will be mitigated through robust engagement with the Reporter at an earlier stage, enhanced offers of advocacy, and changes in practice to promote and uphold the child's effective participation throughout, in a way that suits them.
While the Bill removes the obligation on the child to attend, it allows children's hearings and sheriffs to require a child's attendance where it is necessary in the following circumstances:
for a fair hearing
to assist the children's hearing in making any decision relating to the child.
The Policy Memorandum (p 35) sets out some situations where it is expected a child must attend:
For example, where the grounds of referral relate to the child's conduct which has brought them into conflict with the law, and the consequences for the child may include long-term disclosure of criminal offences, or restriction or deprivation of liberty, the hearing may well consider that the child's attendance is essential to uphold their right to a fair hearing or to assist the hearing in making its decision.
In requiring this attendance, the hearing or the sheriff must have regard to the following:
if the child's attendance would place the child's health, safety or development at risk
taking account of the child's age and maturity, whether the child would be capable of understanding what happens.
The Hearings for Children report had recommended that "the existing obligation for a child to attend must be removed and replaced with a presumption that a child will attend their Hearing, with some limitations". The Scottish Government set out their reasons for not taking this approach in the Bill in the Policy Memorandum (p 36):
Consideration was given to including a presumption that the child would attend, as recommended in the Hearings for Children report. However, creating a presumption which can be departed from would, in effect, replicate the current approach of an obligation which can be disregarded in some circumstances, and would risk the law's meaning becoming unclear - that there is no longer an obligation to attend.
The Policy Memorandum also sets out the varying responses from the Scottish Government's Children's Hearings Redesign - legislative proposals public consultation (p 36), initially stating:
Consultation respondents tended to agree with the proposal to remove the obligation to attend, with the majority in favour. However, the balance of views on this issue is less clear within the detail of the submitted written responses.
Section 14 of the Bill makes changes in relation to the process of establishing grounds. The Policy Memorandum (p 38) sets out that these changes "are intended to improve the experiences of children and their families in relation to the grounds hearings process".
The Hearings for Children report made a number of recommendations about the process of drafting and establishing grounds. These included the following:
Grounds must be established in a separate process before a child and their family attend a Children's Hearing. There must be no more Grounds Hearings.
A more relational way of working to agree grounds and confirm the Statement of Facts should be encouraged, where the Reporter exercises professional judgement to determine when children and families might be able to discuss grounds.
In response to these recommendations the Scottish Government noted that in order to address these recommendations that “a greater role for the sheriff court would require the functional, structural and resourcing implications to be explored further with the Lord President and the Scottish Courts and Tribunals Service” (SCTS) and that “there would be significant additional costs”. Discussions with SCTS are currently ongoing.
They went on to note that:
It would be important to recognise the efforts Reporters already make in terms of reaching agreement with children and families on statements of grounds. It is also important not to underestimate the challenges that accompany attempts to reach consensus with children and families who, by the time they reach the stage of being referred to hearings are - in most cases - assessed as being unlikely to engage with services. Introducing extra measures and processes for reaching agreement may just delay an inevitable need for judicial determination.
Current process for grounds hearings
Where the Reporter determines that there is a need for compulsory measures of supervision they will currently arrange a children's hearing and prepare a statement of grounds. This is all governed by the 2011 Act.
A 'grounds hearing' must take place where the chairing panel member (of a panel consisting of three members) will explain each ground to the child and all relevant persons (except where they would not be capable of understanding - e.g. due to the child's age). They would then each be asked if they accepted the ground and the supporting facts in relation to the ground.
The panel can then proceed as follows:
if sufficient grounds are accepted they can decide whether to make a compulsory supervision order (CSO)
if the grounds are not accepted, or not accepted sufficiently to enable the panel to proceed, they can refer the case to the sheriff or discharge the referral in respect of the ground
if the child or relevant persons do not have the capacity to understand the ground, or they have not understood the explanation by the panel, the panel will refer the case to the sheriff to determine whether a ground is established.
Where the ground(s) is/are referred to the sheriff the panel can make an interim compulsory supervision order (ICSO) at this point.
The Bill proposes changes to this process. Firstly, that the Principal Reporter has an enhanced role within it, and secondly, sets out new processes where:
the child is not capable of understanding the ground
the child is deemed capable of understanding the grounds and
is not in attendance at their hearing
is in attendance at their hearing.
These are set out in more detail in the two sections below.
'Relevant persons' are defined in section 200 of the 2011 Act and are any parent of the child (whether or not they have parental rights or responsibilities) and any other person who has obtained these rights and responsibilities through the courts.
It is also possible for someone to be 'deemed' a relevant person under section 81 of the 2011 Act. This is where the panel:
... considers that the individual has (or has recently had) a significant involvement in the upbringing of the child.
The status of those deemed relevant persons can be removed under section 81A of the 2011 Act, but those defined under section 200 of the Act cannot currently have this status removed.
Relevant persons who are notified of a children's hearing are required to attend unless they are specifically excused or excluded. Grounds will be put to all relevant persons for acceptance as well as the child at a grounds hearing.
Section 76 of the 2011 Act currently allows relevant persons to be excluded from a children's hearing, however, this power cannot be exercised in advance of a hearing.
This part of the Bill makes changes in relation to relevant persons.
It expands the current circumstances under which a relevant person can be temporarily excluded from a children's hearing and alters this decision-making process (Section 15).
It also makes changes that allow relevant person status to be removed from someone who automatically has this status as defined under section 200 of the 2011 Act (Section 16).
These sections are set out separately below.
Sections 17 to 21 of the Bill set out further changes to the Children's Hearings System. Information about each section is set out in more detail in the following sections:
Part 2 of the Bill amends existing provisions in Part 3 of the Children and Young People (Scotland) Act 2014 (the 2014 Act) on the planning of children's services.
The Policy Memorandum accompanying the Bill states that, while there was no public consultation on the changes proposed in this part of the Bill, barriers to realising a joined-up approach to planning and commissioning services were identified in a number of recent reviews including the Independent Care Review in 2020, the Independent Review of Adult Social Care in 2021, and CELCIS Children's Services Reform research.
CELCIS's 2023 concluding report on children's services reform found that simplification of the 'integration landscape' of public services in Scotland had the potential to remove "some of the uncertainty and risk being experienced currently"(p 29), stating that different planning and reporting requirements for Children's Services Planning Partnerships (CSPPs) and Health and Social Care Partnerships (HSCPs) posed a challenge:
Effective co-operation between agencies can occur under different structural arrangements, and CSPPs and HSCPs may well work well together in some areas, but the benefits of the current complex picture are difficult to determine.1, p 29
The report concluded that any changes to the structure and delivery of children's services must:
... focus on creating the optimal conditions needed to enable success in improving the lives of the children, young people and families who need the support of services.1, p 31
Part 2 of the Bill introduces the new term 'lead children's services planning bodies'. It also provides for any Integration Joint Boards (IJBs) covering an area to join local authorities and health boards on the list of bodies required to plan children's services. Further information on these provisions is set out in the next section.
Integration Joint Boards
The Public Bodies (Joint Working) Scotland Act 2014 was introduced in the same year as the Children and Young People (Scotland) Act 2014. The aim of the Act was to bring health boards and local authorities closer together in the planning of health and care services in the already extant geographical areas (health boards and local authorities). The Act created new bodies - integration joint boards (IJBs), with no direct employees. Chief Officers were appointed, employed by either the relevant local authority or the health board. The IJB became responsible for planning health and care services, crucially, deciding how resources should be spent across health and social care.
Certain services, traditionally the responsibility of either the health board or the local authority became the responsibility of the IJB: these are called delegated services. Some had to be integrated or ‘delegated’, but with others, including children's health services, and children’s social care services, the partners could decide whether to integrate them or not. What emerged were 31 health and social care partnerships for planning and delivery purposes. However, most staff continued to be employed by either the health board or local authority. 10 health and social care partnerships also have delegated children's health and social care services.
Further information about integration can be found on Audit Scotland's website.
The Bill's Policy Memorandum states the Bill's potential to be a "helpful first step towards streamlining of the planning and reporting landscape in relation to children and families policy" through changes intended to 'streamline' this landscape. It adds:
While the proposed change will not achieve this on its own, it equalises the level of planning and reporting duties conferred on local authorities, health boards and IJBs. Streamlining of the planning and reporting landscape, in order to reduce the burden locally, has been a repeated ask from a range of stakeholders including the Children’s Services Planning Strategic Leads Network.1, p 53
In addition, the Policy Memorandum notes the aim of the proposed change:
The objective is to improve outcomes for children, young people and their families by enhancing collaborative working and join up of strategic planning activities across adult and children’s services, and in doing so bolster the Government’s ability to deliver The Promise.1
Given the role of the Integration Joint Board in planning and commissioning adult health and social care services, the Policy Memorandum states the Bill has the potential to improve provision of whole family support and support smoother transitions between children and adult services for a range of groups including disabled young people.
Part 3 of the Children and Young People (Scotland) Act 2014 (the 2014 Act) legislates for the planning of children's services. It requires each local authority and territorial health board to jointly plan and deliver a three-year Children's Services Plan (CSP). Children, young people, families, communities, 'other service providers' and other relevant public bodies, funded providers and third sector organisations must be consulted in relation to the development of CSPs.
In the 2014 Act, 'integration joint boards' (IJBs) are listed as an 'other service provider' for the purposes of children's services planning. This creates an unusual situation for children's services, especially where they have been delegated to the IJB. Section 22 of the Bill amends Part 3 of the 2014 Act to change the status of IJBs in relation to children's services planning where there is a relevant IJB in the local authority area. This change will see IJBs join local authorities and health boards on the list of bodies required to plan children's services. Collectively, and to reflect service planning on the ground, the three bodies are to be known as 'lead children's services planning bodies'.
Section 22(2) inserts the new term 'lead children’s services planning bodies' into the 2014 Act. This refers to the local authority, health board and, where applicable, the IJB covering the area.
Section 8(1) of the 2014 Act contains a duty to prepare children's service plans every three years. Section 22(3) of the Bill amends the Act to place this duty on lead children's services planning bodies.
Section 22(4) replaces existing reference in section 10 of the 2014 Act to "a local authority and the relevant health board" with the new term 'lead children's services planning bodies', placing a duty on lead children's service planning bodies to jointly exercise functions conferred on them by Part 3 of the 2014 Act.
Section 22 (5) to (12) change references to local authorities and health boards acting jointly in the 2014 Act to refer instead to lead children's services planning bodies.
Children's service plans are defined by section 8(2) of the 2014 Act as:
... a document setting out their plans for the provision over that period of all-
(a) children’s services, and
(b) related services.3
The aims of children's services plans are set out by section 9 of the 2014 Act and are unchanged by the Bill. These aims are to deliver children's services in a way which:
safeguards, supports and promotes the wellbeing of children in the area
ensures action to meet needs is taken at the earliest appropriate time and, where possible, to prevent needs arising
is integrated for those using services
makes the best use of available resources.
Section 9 also sets out that related services should also safeguard, support and promote children's wellbeing in the area as far as possible.
Section 13 of the 2014 Act contains a duty to publish an annual report on children's services provision. The Bill at section 22(7) replaces reference to local authorities and health boards to put this duty on to lead children's services planning bodies.
Section 22 (12) of the Bill adds into section 18 of the 2014 Act an interpretation of 'IJBs' for the purposes of Part 3 of the Act. This defines IJBs as those established under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014.
The Financial Memorandum (FM) provides an overview of estimated costs associated with the Bill for 2026-27, 2027-28, 2028-29 and 2029-30.
The overall total costs provided in Table 1 (p 3) are: between £245,000 and £295,000 in 2026-27; £5,826,000 and £7,321,000 in 2027-28; £19,012,000 and £22,084,232 in 2028-29; and £20,730,575 - £23,812,750 in 2029-30.
As explored throughout this briefing, there are a number of proposals for which further consultation is planned to inform guidance to be issued by Scottish Ministers at later, non-specified dates.
Human Economic Cost modelling carried out as part of the Independent Care Review's work found the current care system costs around £942 million per year, while the cost of care system failures is around £875 million per year and a further £732 million is lost "as a result of the lower incomes care experienced people have on average".1(p5). The FM highlights that one of the aims of the Bill is to reduce the overall cost of delivering Scotland's care system:
The Bill has an important part to play and the investment flowing from the Bill will support delivery of better outcomes for children, young people, adults and families. The consequence of the increased supports that the Bill will introduce will reduce demand pressures elsewhere in the public sector landscape, for example, by supporting children and young people to be more independent and economically active through the proposed changes to aftercare and advocacy; and improving children’s experience of the justice system and the decision making that surrounds this as a result of Children’s Hearing redesign. 1, p5
Estimates and costings provided in the FM are explored under the headings below:
Costs around provisions in the Bill relating to aftercare, advocacy and guidance on care experience have been worked out using estimates of the care experienced population as the actual figure is not currently known.
The Financial Memorandum (FM) accompanying the Bill sets out that the number of looked after children in Scotland has been falling and is currently at the lowest rate since 2005, noting that:
If this trend continues it can be anticipated that the care experienced population will reduce over time. The financial estimates included within the financial memorandum are based on the current care experienced population. As implementation of provisions within the Bill is progressed trends and data on the number of people with care experience will continue to be reviewed alongside the take up of the support to ensure that the budgets identified continue to appropriately match need. 1, p4
The FM also states that people whose care experience began prior to 2009 are not included in the data if they did not have further experience of care during 2009 or subsequent years. This therefore makes estimating the total number of care experienced people within this age group challenging. However, the FM contains estimates by age category. These are set out in Table 1.
| Age Cohort | Population size |
|---|---|
| Under 16 | 25,017 |
| 16-25 years | 30,109 |
| 26-40 years | 16,625 |
| 41+ years | 138,075 |
| Total | 209,826 |
Source: 1, p 5
The costs associated with the Bill provisions to extend aftercare support to everyone looked after before their 16th birthday will fall on local authorities as the numbers of eligible young people receiving support between the ages of 16 and 25 increases.
The FM puts the estimated aftercare cost per young person at £7,617 in 2025-26 prices. This figure comprises a £736 cost for assessment, £2,881 for support (which may include travel costs, emergency funding and other local authority expenditure) and £4,000 'set up' costs to support a young person moving into their own home.
The FM estimates that 484 young people will be supported in 2027-28, rising to 1,144 in 2028-29 and 1,872 in 2029-30. The summary costs to local authorities of providing aftercare support are estimated to be £2,511,000 in 2027-28, £4,954,000 in 2028-29 and £7,435,000 in 2029-30.
The percentage of eligible young people coming forward for assessment for aftercare support has been "assumed throughout to be 48% in line with current uptake" , with 65% of those assessed going on to require support.1
The FM anticipates the earliest the advocacy provisions in the Bill could be available is 2028-29, due to time needed to develop and implement changes and required regulations.
Projected costings for advocacy provisions in the Bill are provided looking at uptake of one case of advocacy from 5% and 10% of the full care experienced population.
A 5% uptake is estimated to cost £5,292,00 in 2028-29 and £5,381,000 in 2029-30. A 10% uptake is estimated to cost £7,101,000 in 2028-29 and £7,220,000 in 2029-30.
Consultation costs of between £50,000 and £70,000 are also anticipated for 2026-27.
The FM estimates that the costs arising from provisions for Scottish Ministers to issue guidance in relation to care experience will be minimal. Total costs of between £95,000 and £105,000 are expected in 2026-27 only. Of this, between £5,000 and £10,000 is estimated for the development and publication of guidance. The remainder of the total is staff costs, however the FM notes that existing staff will lead on the work.
The FM estimates cost to residential childcare providers of between £800,000 and £3,700,000 over ten years in 2025-26 prices. This is based on the costs of a similar scheme - the Financial Oversight Scheme - in England. The FM acknowledges that the Scottish system may differ from this, and estimates will be updated following further consultation.
It should be noted that the Bill itself will not introduce profit limitation requirements. It introduces a regulation-making duty on Scottish Ministers to require certain residential childcare providers to provide financial information about their services. After further consideration, Scottish Ministers may then decide to exercise regulation-making powers imposing profit limitation powers.
The total cost of removing private profit from Independent Fostering Agencies (IFAs) is estimated by the FM to be between £2,025,000 and £3,230,000 in 2027-28, £1,418,000 and £2,227,000 in 2028-29 and £1,442,000 and £2,264,000 in 2029-30.
While most of these costs would fall on local authorities, the FM also highlights that, at £50,000 to £79,000 per child, IFA placements are often "significantly more expensive" than placements provided by local authorities themselves at a cost of between £20,000 and £48,000 per child. Therefore, the Scottish Government believes there is an opportunity for savings of between £6 million and £10 million made as a result of profit limitation to be reinvested into the fostering system from 2028-29 onwards.
Total costs to the Scottish Administration for establishing a register of foster carers are estimated to be between £120,000 and £400,000 in 2027-28, £65,000 and £195,000 in 2028-29 and £66,000 and £198,000 in 2029-30.
Potential costs to local authorities of between £160,000 and £649,600 per year from 2028-29 are also included, though these are illustrative costings at this stage. Future expansion costs of between £100,000 and £304,500 are also included as an illustration.
The majority of costs associated with Bill provisions on the children's hearings system fall on the Scottish Children's Reporter Administration (SCRA) and relate to the remuneration of panel chairs. The FM estimates a cost of £6,530,000 for this in 2028-29 and reoccurring costs from 2029-30 of £6,160,000 per year.
One-off capital costs of £1,100,000 are provided in 2027-28 for updates to SCRA case management systems.
The 2028-29 total cost for all provisions related to children's hearings is between £7,283,000 and £7,607,000. In 2029-30 this falls to between £6,406,575 and £6,695,341.
The FM states there should be no additional costs resulting from Integration Joint Boards (IJBs) joining local authorities and health boards on the list of bodies required to plan children's services.The FM states this is because IJBs are already expected to be involved in children's services planning, and the provisions in the Bill are intended to "reinforce and formalise these existing responsibilities".1(p 35)