13. Cab Report - Children, Care, Care Experience and Service Planning Bill
North Ayrshire Council · 2 September 2025
Back to Cabinet — 2 September 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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NORTH AYRSHIRE COUNCIL 2 September 2025 Cabinet Title: Call for Views on the Children (Care, Care Experience and Services Planning) (Scotland) Bill Purpose: To provide Cabinet with a draft response from North Ayrshire Council on the Children, (Care, Care Experience and Services Planning) (Scotland) Bill, for consideration and further comment/feedback, noting prior submission to the Education, Children and Young People Committee to meet parliamentary deadlines. Recommendation: Cabinet is asked to note the initial response submitted to the Committee and provide any additional response or comment which thereafter can be supplied to the Committee separately. 1. Executive Summary 1.1 The Education, Children and Young People Committee is gathering feedback to understand support or opposition to the Children, (Care, Care Experience and Services Planning) (Scotland) Bill, explore suggested amendments and to ensure the Bill reflects the lived experiences of care-experienced individuals and those who support them. 1.2 As part of the Scottish Government’s commitment, to ‘Keep the Promise’, legislative change is proposed that would put certain commitments on a statutory footing. Views are presently being sought from key stakeholders on the draft Bill. Representatives from Children’s Services have considered the potential implications of the Bill in its present form and have prepared a draft response. A copy of that draft response is attached at Appendix 1. 2. Background 2.1 The Children (Care, Care Experience and Services Planning) (Scotland) Bill was introduced on 17th June 2025 to implement key recommendations from the Promise – the national commitment to improve outcomes for care experienced children and young people. The lead committee for the Bill is the Education, Children and Young People Committee who issued their call for views on 27th June 2025 with a closing date of 15th August 2025.
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2.2 The Bill is part of the Scottish Government’s commitment to implement the recommendations of the Promise, the outcome of the Independent Care Review. 2.3 The Promise is Scotland’s national commitment to radically improve the lives of children and young people with care experience. The Promise evolved from the Independent Care Review which concluded in 2020, after extensive consultation with over 5,500 people, including children, young people, families and professionals. On the 5th February 2020, the Independent Care Review published 7 reports. All reports can be read in full here: 2.4 The key provisions of the Bill are as follows: • Aftercare Eligibility - Extends the right to apply for aftercare to young people who left care before their 16th birthday, allowing support up to age 26. • Independent Advocacy - Introduces a legal right to independent advocacy for all care experienced children, young people, and adults to support their participation in decisions affecting them. • Care Experience Guidance - Requires Scottish Ministers to publish national guidance on care experience to reduce stigma and promote understanding. • Profit Limitation in Residential Care - Grants powers to limit or regulate profits in children’s residential care services, promoting reinvestment into care quality. • Charitable Status for Fostering Agencies - Mandates that Independent Fostering Agencies must register as charities, ensuring a not-for-profit approach. • National Register of Foster Carers - Establishes a national register to improve oversight, workforce planning, and recognition of foster carers. • Children’s Hearings System Reform - Supports redesign of the system to be more trauma-informed, proportionate, and focused on the child’s best interests. • Children’s Services Planning - Gives Integration Joint Boards (IJBs) statutory responsibility for children’s services planning, alongside local authorities and health boards, to improve coordination and accountability. Not all of the provisions will impact the Council directly, but many do. Most notably, in its expansion of duties owed to those with care experience. Some impacts could be indirect, as referenced in the draft response. In certain respects, the Bill provides a framework without providing clarity as to the extent of new or amended legal duties therefore it is hoped that there will be an ongoing ability to comment on proposals, as they develop. 3. Proposals 3.1 An approach was made to Scottish Government regarding an extension to allow for a draft response to be considered at Cabinet on 2nd September 2025 prior to the submission date of 15th August 2025. Scottish Government advised this was not
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possible. They did, however, advise that further information could be provided outwith the formal consultation period to the Committee. Members are asked to consider the draft response which has been submitted and consider if there are further comments to be made, which can be followed up in writing to the Committee. 3.2 The Committee also intend to take oral evidence in Parliament and Scottish Government have advised of the intention to arrange a series of in-person collaborative sessions and group discussions to gather feedback and share ideas. 3.3 The timetable for the Bill is determined by Parliament and will be subject to other legislative pressures, however at this stage, Stage 1 is anticipated to conclude early 2026 with the exact timing subject to ongoing discussion as part of wider legislative planning. 4. Implications/Socio-economic Duty Financial 4.1 The extent of the financial impact of the Bill is not known as yet, but it will vary depending on local context, existing models of care and implementation strategies. Human Resources 4.2 None are known at this time. Legal 4.3 The Bill, once agreed, will introduce significant legal reforms to Scotland’s care system. It will amend existing legislation and create new statutory duties aimed at improving outcomes for care experienced children and young people. Equality/Socio-economic 4.4 The Bill, once agreed, will serve to reduce disadvantage, improve access to support, advance children and young people’s rights and reduce stigma. Climate Change and Carbon 4.5 None. Key Priorities 4.6 The Bill closely aligns with the following priority areas – wellbeing, communities and local democracy, and becoming a sustainable council. Community Wealth Building 4.7 None. Islands Communities Impact Assessment (ICIA)
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4.8 None. United Nations Rights of the Child (UNCRC) 4.9 None - The Bill closely aligns with the principles and obligations of the UNCRC. Consumer Duty 4.10 None. 5. Consultation 5.1 The HSCP Senior Management Team and operational services have contributed to the submission. Caroline Cameron Executive Director / Chief Officer HSCP For further information please contact Elizabeth Stewart, Head of Service for Children, Families & Justice, on EStewart@north-ayrshire.gov.uk. Background Papers Call For Views Draft Response
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CALL FOR VIEWS DRAFT RESPONSE NORTH AYRSHIRE COUNCIL Overview The Education, Children and Young People Committee is seeking views on the Children (Care, Care Experience and Services Planning) (Scotland) Bill. Those views will inform the Committee’s scrutiny. The call for views and analysis: • aim to help the Committee understand the reasons people have for either supporting or opposing the Bill • aim to help the Committee understand how people would like to see the Bill amended If you are responding on behalf of an organisation or are an academic, please use the submission form below. If you are an individual with care experience, or have supported someone in care, please respond to the version of the call for views that is for individuals with care experience and those providing support.
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Part 1 Chapter 1 1. What are your views on the aftercare provisions set out in the Bill? This marks a significant shift from the current system, which typically limits aftercare to those who were looked after at or beyond age 16. The expansion indicates that acknowledgement is given regarding the long-term impact of care experience, experienced prior to the age of 16. Additionally, the expansion covers gaps for other vulnerable children and young people such asylum-seeking children and those with disabilities. Early and sustained support to those with care experience can reduce risks in areas were challenges often present in adulthood including such areas as unemployment, poor mental health, homelessness and involvement with justice services. The right to request aftercare affords care-experienced individuals the ability to seek help when needed, thus increasing their right to self-determination. Key challenges Expanding aftercare to include those who left care before the age of 16 and extending support potentially to age 26, will likely lead to a significant increase in the number of young people needing support. The provision of aftercare was extended within the Children & Young Peoples (Scotland) Act 2014 and has increased further with the implementation of the National Transfer Scheme. The provision of aftercare services will need to be provided to a larger cohort of young people which will create challenges in several area, including funding and resource allocation, workforce capacity and competency and service planning and delivery. Local authorities will be required to balance the needs of aftercare with other vital children’s services. Individuals who left care at a young age may not identify as “care experienced” or know they’re eligible for support, so careful consideration requires to be given to how awareness is promoted regarding their rights. It is noted that implementation may vary by region, risking unequal access unless robust national guidance and oversight are provided. Service uptake should not be the only determinant of success instead longer-term outcomes like stability, wellbeing and independence should be monitored. 2. What are your views on the corporate parenting provisions set out in the Bill The provisions follow on from existing corporate parenting duties that were first introduced through the Children and Young People (Scotland) Act 2014. The extension to accessing aftercare and advocacy reflects a more compassionate,
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realistic understanding of care experience and how care can shape an individual’s life beyond childhood. The provisions provide clearer direction to all corporate parents regards their responsibilities and duties. Key challenges As we move forward, careful consideration must be given to how care experienced individuals will be involved in shaping how these duties are implemented. There must also be effective mechanisms developed to monitor how well corporate parents are meeting their duties however it is recognised that investment in training and staffing will be an ongoing requirement. 3. What are your views on the advocacy proposal set out in the Bill? The advocacy proposal in the Bill is a significant step toward empowering care experienced children and young people in having their voices amplified and will contribute to empowering those with care experience to make their views known with regards to decisions which affect their lives. In addition, advocacy will help young people understand their rights and challenge decisions that they are not comfortable with or perhaps do not understand fully. Key challenges Sustainable and increased funding is essential to avoid long waiting times or limited access as it is likely that there will be an increased demand on advocacy services given those aged 21 and above will be able to access it. Parity also needs to be achieved across all local authorities in Scotland to avoid a “postcode lottery”. In addition, it is important that advocacy services ensure that their services provide confident and competent advocates for our care experienced population. 4. What are your views on the proposals for guidance in relation to care experience? This is a positive step and encourages professionals to adopt person-centred and trauma informed language in their day to day working. This move will assist shifting perceptions from deficit-based labels such as “looked-after child” to more empowering identities. This may contribute to those who care experienced feeling more respected and understood, leading to better relationships with services. A shared understanding of care experience will reduce confusion in how care experience is defined and discussed across different services and different regions. Key Challenges It’s vital that any changes in language are accompanied by real shifts in attitudes, systems, and outcomes to avoid being nothing more than just a tokenistic measure.
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What’s required is a change in how society sees and supports care experienced people. Chapter 2 5. What are your views on proposals designed to limit profits for children’s residential care services? This approach is to be commended and strongly aligns with the The Promise, which calls for an end to profit-making in the care of children. By taking this approach, Scotland can begin to reshape the care landscape toward a not-for-profit model that prioritises relationships, continuity, and trauma-informed support. Children and young people in care are amongst the most vulnerable in our society and their well-being must come before profit. Children’s residential care should be driven by compassion, stability, and the best interests of the child or young person. Local authorities often pay significant amounts for care placements. A profit cap could reduce these costs, freeing up funds for reinvestment in front line services, staff training and development alongside therapeutic support for those who need it most. Key Challenges Currently, many placements are provided by private providers and it is acknowledged they play a significant role with the care sector. Changes to this could lead to market disruption and lead to reduced capacity or even provider withdrawal. This in turn could result in continuity of care being disrupted for our children and young people. Therefore, any transition to a not for profit model would require careful implementation. Whilst private providers can deliver valuable services, the profit motive can create a conflict in terms of the child or young person’s wellbeing and any move to diminish this, provided services are protected, would be welcomed. 6. What are your views on proposals to require fostering services to be charities? The proposal aligns with the values of The Promise, which prioritises love, stability, and care over commercial interest and profit making. Charities are subject to stricter governance and reporting standards, which could improve oversight and public trust. Key challenges Many independent fostering agencies (IFA’s) operate as private companies and there is the possibility that some IFA’s may not be able to make the change to a charitable status which could impact on their ability to function. In addition, converting to charitable status involves legal, financial, and operational changes that may be burdensome to IFA’s, particularly the smaller ones.
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This could limit the number of external fostering agencies that local authorities can utilise if they don’t have charitable status and may prevent children and young people from experiencing alternative family-based care when they are unable to remain at home or within their wider family. 7. What are your views on proposals to maintain a register of foster carers? The proposal to maintain a register of foster carers is welcomed. The provision of such would elevate their status and give foster carers a greater presence in the care system and goes some way to professionalising the vital role they undertake. A register could help standardise training, qualifications, and vetting procedures, ensuring high-quality care across the country. Key challenges Developing and maintaining the register will require robust infrastructure, clear governance, and coordination across local authorities and fostering services. The register must complement, not duplicate current local authority databases and regulatory frameworks already in operation Appropriate safeguards in terms of Data Protection must be in place to ensure that foster carer details remain safe and secure. Concerns and worries remain regarding the potential for greater levels of administration and bureaucracy to what is already a highly regulated service area. Whilst there are some strengths as noted above, the recruitment challenges experienced within the sector won’t be solved by it alone. Chapter 3 8. What are your views on the proposed redesign to the Children’s Hearing system? The redesign signifies a major shift toward a more rights-based, trauma-informed and child-centred approach. The redesign aligns with the UN Convention on the Rights of the Child and affords greater inclusivity for older young people (16- and 17-year-olds) who have not been afforded the same supports as those younger than them. It is recognised that this will provide older young people with care-based responses rather than criminal justice interventions, therefore extending the philosophy of “needs and not deeds.” It is recognised that those with lived experienced were consulted heavily during the redesign process thereby providing a confidence that the new system addresses the challenges and shortcomings which young people have experienced to date. Key Challenges Recruitment (and retention) of Panel members will likely remain a challenge as we move forward. This has been a recurring theme for several years to date and with
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Scotland’s population becoming increasingly diverse, it’s important that panel member representation follows this trend too. Panel members, alongside other professionals, require timely access to extensive training in areas such rights based and trauma informed practice. Special attention must also be given to the role of the Panel Chair given the significance of the role they are tasked with. Hearing rooms and processes must be redesigned to promote feelings of safety and security for the young person to ensure their opportunities for participation are maximised. Part 2 9. What are your views on the proposed changes to Childrens Services Planning set out in section 22 of the Bill? We welcome commitment to strengthening children’s services planning through the proposed changes in Section 22 of the Bill. The inclusion of IJBs throughout the country has the potential to foster stronger collaboration between health, social care, and education, enabling more joined-up planning and delivery for those who care experienced. It will also promote continuity between children’s and adult services, especially for care-experienced individuals transitioning into adulthood. It is also recognised that embedding planning responsibilities in local structures allows services to be tailored to community needs and demographics. The proposed changes would seem to support the goal of creating a seamless, rights- based system of care and support for children and young people. Key Challenges Some IJB’s have a greater focus on adult services and many do not have delegated responsibility for Children’s Social Work Services. As such, some boards will need training and resources to understand and meet the needs of children and families. It is recognised that without strong national guidance, planning quality may vary by region, risking inequity in service provision. Other 10. Are there any other comments you would like to make in relation to the bill? This is an initial draft response prepared by officers within North Ayrshire Council and the Health and Social Care Partnership. It has not been possible within the consultation timeframe to have this draft response ratified by the Council or its Cabinet and so it may be subject to amendment after consideration through relevant governance processes. Should any changes be made to this draft after it has been so scrutinised, an updated draft response and/or addition comments will be provided
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to the Committee. (The Council made an approach about an extension to the timeframe for submission and was advised there is no scope for extension, but that views may be provided outwith). Whilst we welcome the ambitions of the Bill, the successful implementation will depend heavily on the provision of appropriate resources. Without sustained investment in front line services, advocacy services and workforce development, the transformative aims of the legislation will not be achieved. Scottish Government require to commit to a robust resource strategy to ensure that local authorities (and others) are equipped to deliver the level of support as envisioned by the Bill. Several pieces of legislation in Scotland have faced significant funding challenges. These can offer important lessons for future policy design and implementation. The implementation of Continuing Care in Scotland, introduced under the Children and Young People (Scotland) Act 2014, was a landmark policy designed to allow young people remain in their care placement up until the age of 21 years. However, the rollout revealed significant challenges around funding and resourcing. This emphasises that policy ambition must be matched by practical investment. Without adequate funding there is a risk that this well intended legislation will fall short. The Bill must be accompanied by a long-term sustainable funding strategy. In addition, the current children’s policy landscape in Scotland is cluttered and fragmented with multiple overlapping frameworks and strategies. Whilst each initiative such as GIRFEC, The Promise, UNCRC incorporation and local children service planning has merit, it is of note that the lack of coherence creates confusion for practitioners, services and care experienced individuals. This Bill presents an opportunity to streamline and clarify the policy environment. This legislation could be used to support with the establishment of a more integrated and simpler framework for children’s services, ensuring that national ambitions are mirrored by clear, coordinated local delivery. The Council is also mindful that in some respects the Bill provides a framework for certain duties to follow, or to be expanded, but it does not include clarity as to their extent. For example, duties that may arise from secondary legislation, guidance and relevant definitions. The Councilʼs ability to scrutinise and comment meaningfully on the impact of all proposals at this stage is therefore limited, and furthermore it is difficult to consider the resourcing and financial impact. The Council would seek the opportunity to comment further on potential implications at an appropriate stage, as the extent of consequential duties become clearer.