Improving outcomes for children and families.
Changes to improve, simplify and clarify the legislative
framework for the children's care system to benefit children in
care, their families and the workforce that support them will be
considered by an independent, expert-led review.
The review, to be led by Professor Kenneth Norrie, a leading
authority on family law in Scotland, is expected to conclude
within 12 months. He will work in partnership with the Centre for
Excellence for Children's Care and Protection (CELCIS) which
works to improve policy and practice in supporting families.
The review will build on initial exploratory work carried out by
The Promise Scotland and will gather evidence on whether the
existing legislative framework should be revised, and advise on
how doing so could deliver practical and tangible benefits for
children, families and the workforce.
Natalie Don-Innes, Minister for Children, Young People and The
Promise, announced the review as part of the Scottish
Government's response to the Stage 1 Committee report on the
Children (Care, Care Experience and Services Planning) (Scotland)
Bill.
Ms Don-Innes said:
“Our aim is for children and young people to receive the
compassionate and considerate care they need throughout their
care journey, so that they grow up loved, safe and respected.
“Individuals and organisations have told me how challenging it is
both to access the right support at the right time and to
interpret the law around the care journey.
“This independent review will consider any opportunities to
simplify the legislative landscape, to maximise practical
benefits for children, their families and the professionals that
support them. I am pleased that Professor Norrie has agreed to
lead this work, which will sit alongside broader proposals within
the Children (Care, Care Experience and Services Planning)
(Scotland) Bill.
“The Bill will help us take forward our commitment to Keep the
Promise, by providing a legal right to advocacy, expanding
aftercare support, and supporting smoother transitions between
children's and adult services – which people with care experience
have told us they need, and I urge members across the Chamber to
back the Bill's general principles at Stage 1 this week.”
Background
The Scottish Government remains fully committed to delivering on
our pledge to people with care experience in Scotland by
accepting and responding to the conclusions of the Independent
Care Review set out in The Promise. Keeping The Promise
encompasses actions to improve experiences and outcomes for
children, young people, adults and their families who are
currently in or on the edge of care; young people who are moving
on from children's care services; and action over the longer term
to improve the level of support for families from birth through
to adulthood to significantly reduce the numbers of families
coming into the care system.
The Children (Care, Care Experience
and Services Planning) (Scotland) Bill proposes extending the
aftercare support currently available for 16-to-26 year olds who
were in care on their 16th birthday to those who
had left care before that point. The Bill also includes proposed
reforms to ensure that the Children's Hearing system continues to
meet the needs of children and families. The legislation was
introduced to Parliament last year following extensive
consultation and engagement with people with care experience and
representative organisations.
The Promise Scotland exists
to support the transformation of how Scotland cares for its
children, care experienced adults and families.
Professor Kenneth Norrie is Professor Emeritus at Strathclyde Law
School, University of Strathclyde, and is a leading authority on
Scottish Family Law and specialises in child protection.
Professor Norrie has been actively involved in law reform in this
field, acting as Parliamentary Advisor for the Bills that
became the Family Law (Scotland) Act 2006, the Adoption and
Children (Scotland) Act 2007 and the Children's Hearings
(Scotland) Act 2011. He produced a report in 2017 for the
Scottish Child Abuse Inquiry on the Legislative Background to the
Treatment of Children and Young People Living Apart from their
Parents.
CELCIS is a leading
improvement, innovation and research centre for children and
young people's support, care and protection, based at the
University of Strathclyde. It works with local authorities,
multi-agency partnerships, and practitioners across Scotland to
implement national policies, guidance and legislation to improve
care and support for children and families. The Scottish
Government provided annual core grant funding to CELCIS of £4
million in 2025-26.
The final scope of the review will be determined by Professor
Norrie and CELCIS, but will build on work carried out by The
Promise Scotland on existing legislation including:
- Social Work (Scotland) Act 1968;
- Children (Scotland) Act 1995;
- Adoption and Children (Scotland) Act 2007;
- Children's Hearings (Scotland) Act 2011;
- Children and Young People (Scotland) Acct 2014;
- Children (Scotland) Act 2020;
- Children (Care, Care Experience and Services
Planning)(Scotland) Bill, which is still subject to Parliamentary
approval; and
- Any further reform bill(s) as might be needed to deliver the
Promise by 2030.
