12. Children (Care Care Experience and Services Planning) (Scotland) Bill ECSPB 21 08 25
Renfrewshire Council · 21 August 2025
Back to Education and Children's Services Policy Board — 21 August 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Page 1 of 7 To: Education and Children’s Services Policy Board On: 21 August 2025 _________________________________________________________________ Report by: Director of Children’s Services __________________________________________________________________ Heading: Children (Care, Care Experience and Services Planning) (Scotland) Bill (As Introduced) __________________________________________________________________ 1. Summary 1.1. The Children (Care, Care Experience and Services Planning) (Scotland) Bill was introduced to the Scottish Parliament on 17 June 2025. The Bill introduces legislative changes across the care system, children’s hearings, and services planning. 1.2. The Bill amends existing statutes, introduces new duties, and establishes frameworks for improved support and oversight of Care-Experienced individuals and services. 1.3. The Scottish Government’s Education, Children and Young People Committee is currently scrutinising a new Bill and invited public and stakeholder views between 27 June and 15 August 2025. This consultation is designed to support the Committee’s consideration of the Bill by focusing on two key objectives: • To understand the reasons why individuals and organisations either support or oppose the Bill. • To gather constructive suggestions on how the Bill might be amended to better reflect the needs and aspirations of children, families, and communities across Scotland. 1.4. Renfrewshire Council’s Children’s Services will be submitting a formal response to the Committee’s call for views. This feedback will reflect our local experience, priorities, and professional insight, ensuring that the voices of children, families, and practitioners in Renfrewshire contribute meaningfully to the national legislative process. 1.5. The Bill, as introduced, changes the services and support provided to people in the children's care system, or who have ever had experience of that system. Those changes include:
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Page 2 of 7 • giving people who left the care system before their 16th birthday the right to apply for aftercare; • requiring Scottish Ministers to ensure Care-Experienced people have access to advocacy services; • requiring Scottish Ministers to publish guidance which promotes understanding of “care” and “Care Experience;” • giving Scottish Ministers powers to limit the profits that can be made from children’s residential care; • requiring fostering services to register as charities; • giving Scottish Ministers the power to create a register of foster carers; • making changes to the children’s hearings system. __________________________________________________________________ 2. Recommendations 2.1. Members are invited to note: [a] the key information and implications outlined in this briefing regarding the Children (Care, Care Experience and Services Planning) (Scotland) Bill; [b] the breadth and ambition of the proposed legislation, which seeks to strengthen outcomes for children, young people, and families across Scotland; and [c] the ongoing engagement with the legislative process to ensure that the Act is informed by local insight and delivers meaningful, positive change for our communities. __________________________________________________________________ 3. Background 3.1. The Children (Care, Care Experience and Services Planning) (Scotland) Bill was introduced to the Scottish Parliament on the 17 June 2025, marking an important step toward enshrining The Promise in law by 2030. 3.2. This Bill was previously referred to as the Promise Bill, this legislation reflects the Scottish Government’s commitment to improving outcomes for Care Experienced children, young people, and adults. If passed, the Bill will introduce reforms across eight key areas of the care system, including the right to advocacy, measures to address profit-making in residential care, and a redesign of the Children’s Hearings system. 3.3. The Bill is structured into three main parts: • Part 1: Children’s Care System; • Part 2: Children’s Services Planning; • Part 3: Final Provisions.
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Page 3 of 7 3.4. Part 1: Children’s Care System Part 1, Chapter 1: Support etc. for Persons in or with Experience of the Children’s Care System. 3.4.1 Aftercare etc. for persons looked after before age 16: The Bill amends the Children (Scotland) Act 1995 to extend aftercare support to individuals who were looked after before the age of 16. It allows persons aged 16 to 25 who were previously looked after, but not necessarily on their 16th birthday, to apply for advice, guidance, or assistance from local authorities. The eligibility criteria are broadened to include those who were looked after at any point before their sixteenth birthday. The Bill also amends provisions for financial assistance towards education or training. It defines a “relevant person” for these purposes as someone aged 16 to 25 who is no longer looked after but has been so at any point in their life. The Bill includes provisions for individuals who were looked after in other UK jurisdictions, including England, Wales, and Northern Ireland. These individuals are to be treated equivalently under the aftercare provisions. 3.4.2 Corporate Parenting Duties in relation to Persons Looked After before age 16: The Bill amends the Children and Young People (Scotland) Act 2014 to extend corporate parenting duties to all individuals under the age of 26 who have been looked after at any point in their lives, regardless of whether they were looked after on their 16th birthday. It repeals previous limitations and clarifies the scope of corporate parenting responsibilities. 3.4.3 Advocacy Services for Care Experienced Persons: The Bill mandates the provision of independent advocacy services for Care-Experienced persons. These services are intended to support individuals in accessing care and assistance and in expressing their views to decision-makers. The Scottish Ministers are required to ensure the availability of such services and may set standards, qualifications, and training requirements for providers. Regulations may also establish a register of advocacy service providers and specify when and how individuals are informed about the availability of these services. 3.4.4 Guidance in relation Care Experience: The Bill requires the Scottish Ministers to issue guidance to promote understanding of Care-Experienced individuals and their experiences. This guidance is directed at public authorities and other bodies exercising public functions. It may include best practices for identifying Care-Experienced persons, avoiding stigmatisation, and ensuring access to public services. Public authorities must have regard to this guidance and ensure that third-party service providers do the same. 3.5 Part 1, Chapter 2: Provision of Children’s Care Services 3.5.1 Children’s Residential Care Services - Profit Limitation: The Bill introduces a framework for limiting profits in children’s residential care services. It amends the Public Services Reform (Scotland) Act 2010 to allow the Scottish Ministers to impose requirements on private providers of care home services and school care accommodation services for children. 3.5.2 The Scottish Ministers must consult stakeholders before imposing or modifying profit limitations. They must consider the public interest, value for money, the wellbeing of children, and the interests of local authorities and providers.
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Page 4 of 7 3.5.3 Fostering Services to be Charities: The Bill requires that all fostering services be operated by charities. It amends the Public Services Reform (Scotland) Act 2010 to define a fostering service provider as a charity registered in Scotland, England and Wales, or Northern Ireland. The Scottish Ministers may modify this definition by regulation. 3.5.4 Register of Foster Carers: The Bill introduces provisions for a national register of foster carers. The register is to be established and maintained by the Scottish Ministers or an authorised organisation. It will include information on approved foster carers, including their approval status, the type of care provided, and reasons for any termination of approval. It may also include information on individuals considered but not approved as foster carers. 3.5.5 Regulations may specify the form and content of the register, offences for non- compliance, and fees for inclusion or disclosure of information. Disclosure of register information is restricted and subject to regulation. Unauthorised disclosure is a criminal offence. 3.5.6 The Bill allows for pilot schemes to test the implementation of the register and requires evaluation and reporting to the Scottish Parliament. 3.6 Part 1, Chapter 3: Children’s Hearings 3.6.1 Composition etc. of Children’s Panel, Children’s Hearings and Pre-Hearing Panels: The Bill amends the Children’s Hearings (Scotland) Act 2011 to allow for single-member children’s hearings and pre-hearing panels in certain circumstances. The National Convener may appoint ordinary, chairing, and specialist members to the Children’s Panel. The selection of panel members must ensure appropriate representation and qualifications. 3.6.2 The Bill introduces new procedures for grounds hearings, including the preparation of a statement of grounds by the Principal Reporter. The Reporter must engage with the child and relevant persons to determine whether the grounds are accepted and whether a hearing or court application is appropriate. 3.6.3 Child’s Attendance at Hearings: The Bill revises the rules regarding a child’s attendance at hearings. A child is only required to attend if necessary for a fair hearing or to assist decision-making. The hearing must consider the child’s age, maturity, and potential risks to health, safety, or development. Similar provisions apply to hearings before a sheriff. 3.6.4 Powers to Exclude Persons from Children’s Hearing: The Bill empowers children’s hearings and pre-hearing panels to exclude relevant persons or their representatives if their presence would prevent the child from expressing views or cause significant distress. This provision is intended to protect the child’s welfare during proceedings.
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Page 5 of 7 3.6.5 Removal of Relevant Person Status: The Bill introduces a process for removing the status of “relevant person” from individuals where continued involvement would likely cause serious harm or infringe the child’s rights under Article 8 of the European Convention on Human Rights. Applications may be made by the child, another relevant person, a safeguarder, or the Principal Reporter. The Sheriff must determine the application within three days. Appeals may be made to the Sheriff Appeal Court and, with permission, to the Court of Session. 3.6.6 Referral and Grounds Hearings: The Bill restructures the process for referring children to hearings. The Principal Reporter must prepare a statement of grounds and determine whether to arrange a hearing or apply to the Sheriff. The Reporter must consult with the child and relevant persons and prepare a report outlining the process and findings. 3.6.7 The Bill introduces new definitions for “statement of grounds” and “supporting facts.” It sets out procedures for determining whether grounds are accepted and for amending the statement accordingly. The hearing may proceed based on the views of relevant persons if the child is unable to understand the grounds. 3.6.8 Making of Further Interim Compulsory Supervision Orders: The Bill clarifies the procedures for making interim compulsory supervision orders and interim variations. It specifies the duration of such orders and the conditions under which further orders may be made. The Principal Reporter may initiate a review of a compulsory supervision order if new information becomes available. 3.7 Part 2: Children’s Services Planning 3.7.1 Lead Children’s Services Planning Bodies: The Bill amends Part 3 of the Children and Young People (Scotland) Act 2014 to enhance the planning and delivery of children’s services. It introduces the concept of “lead children’s services planning bodies,” which includes local authorities, health boards, and integration joint boards (IJBs) where applicable. 3.7.2 These bodies are jointly responsible for preparing, reviewing, and implementing children’s services plans. The planning process must involve consultation with stakeholders and reflect the needs of Care-Experienced children and young people. The Bill strengthens reporting requirements and grants the Scottish Ministers powers to issue guidance and directions. 3.8 Part 3: Final Provisions 3.8.1 The final part of the Bill includes standard legislative provisions. It grants the Scottish Ministers powers to make ancillary regulations, including transitional and saving provisions. It specifies the procedures for making regulations and the commencement of the Act. The short title of the Act is the Children (Care, Care Experience and Services Planning) (Scotland) Act 2026. ___________________________________________________________________ 4. Conclusion 4.1. The Children (Care, Care Experience and Services Planning) (Scotland) Bill represents a significant and key step toward embedding the commitments of The Promise into law. Its intention is to introduces a comprehensive suite of reforms aimed at improving the lives of Care-Experienced children, young
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Page 6 of 7 people, and adults across Scotland. The Bill’s provisions—ranging from extended aftercare rights and strengthened corporate parenting duties to profit limitations in residential care and reforms to the Children’s Hearings system— reflect an intent to create a more equitable, compassionate, and responsive care system. 4.2. Renfrewshire Council’s Children’s Services welcomes the opportunity to contribute to the national consultation and will ensure that the lived experiences and professional insights from our local area are meaningfully represented. Elected members are encouraged to note the scope and ambition of the Bill and to support continued engagement with the legislative process to ensure that the Act delivers the best possible outcomes for children, families, and communities. ___________________________________________________________________ Implications of this report 1. Financial None. 2. HR and Organisational Development None. 3. Community/Council Planning Building strong, safe and resilient communities - Providing families and children with support to remain together will ensure our communities are supportive places for children to grow up in. Tackling inequality, ensuring opportunities for all - Providing families and children with the help they need at the earliest point possible will ensure our communities are inclusive for all. Working together to improve outcomes - Providing excellent quality care is central to ensuring that the most vulnerable children and families in Renfrewshire are provided with an opportunity to achieve their potential 4. Legal Corporate Parenting Duties: Renfrewshire Council are Corporate Parents under Part 9 of the Children and Young People (Scotland) Act 2014 5. Property/Assets None.
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Page 7 of 7 6. Information Technology None. 7. Equality and Human Rights The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. 8. Health and Safety None. 9. Procurement None. 10. Risk None. 11. Privacy Impact None. 12. COSLA Policy Position None 13. Children’s Rights This report demonstrates compliance and promotion of Article 3 (best interest of child), Article 9 (keeping families together), Article 12 (respect for children’s views), Article 20 (children without families), Article 22 (refugee children) and 25 (review of a child’s placement) of the United Nations Convention on the Rights of the Child. 14. Climate Risk None. List of Background Papers None. __________________________________________________________________ Children’s Services Author: Maurice Gilligan, Promise Manager (Social Work Manager Operations Promise Lead), Children’s Services, maurice.gilligan@renfrewshire.gov.uk