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.”
“One old battered brown box was my life story of residential care – that was all I was worth.”
Survey reveals nine in 10 people left with questions or concerns after receiving their care records.
ICO launches ‘Better Records Together’ campaign with new resources to support both people with care experience and the organisations handling their records.
The Information Commissioner’s Office (ICO) has called for further improvements across local authorities in Scotland after warning that many people trying to access their own care records are being let down.
Research from the ICO found that people are facing systemic and demoralising challenges when it comes to their care records.
Over two thirds (71%) of people struggled with poor communication from the local authority and 69% said the process took longer than expected – with one person still waiting sixteen years later.
When care records were received, over half (59%) did not receive enough information and nearly nine in 10 (87%) were left with questions or concerns.
John Edwards, Information Commissioner, said: “This is so much more than a request for personal information. These are people fighting to access their own biography – their own identity – that is in the custody of an organisation.
“It is a brave and emotional step, especially from people who have already been let down by the care system in Scotland. But these requests are too often met with cold bureaucracy, long delays and pages of unexplained redactions, which can have devastating consequences.
“This current picture is unacceptable – but there are many people who play a role in creating better records and better access. As the data protection regulator, we can bring clarity to how these roles work together to thread people’s stories.
“We can build a clear pathway by ensuring everyone has the tools they need – equipping organisations with the certainty and skills to handle requests with care and compassion, and empowering people with the confidence and support to advocate for their own rights.
“Real change must come from the top – so today I am calling on local authority leaders across Scotland to take action. We know frontline staff want to get this right but are struggling with lack of resource and guidance. Improving this process starts at the beginning – when a child enters the care system, their information should be recorded with their rights in mind, knowing that they may request it later. This will reduce the administrative burden and keep the person at the very heart of the process, so future generations do not face the same struggle.”
Jackie McCartney, care experienced campaigner and Ambassador for the Rees Foundation, said: “I can remember the social worker arriving with my care records – she carried one old battered brown box. That was all I was worth. That box was my life story of residential care, with sixteen years of my life inside.
“She told me not to worry – ‘there’s not a lot in there’ – but I wanted to talk to her. Because this total stranger knew more about my life than I did. She had read my story before I had, and decided what I could or could not see. These were my puzzle pieces of how and why I had become a child in care.
“I opened my box and looked inside. I can still feel the pain and disappointment. My records were not even in date order, with whole years of my life missing and no medical records. There were so many blank pages with nothing on, and so much information redacted.
“The whole process must have more compassion and care. I want organisations to see this is more than data, files and words on a page – this is real people’s lives and stories.”
John-george Nicholson said: “We understand who we are through stories. The ones we tell ourselves and the ones others think and write about us. Growing up in care, the state became my storyteller, taking on the role most people’s families play. My files hold many of those stories, yet for years they seemed to forget who I was.
“I first accessed my records at 22 – 126 pages. Almost 25 years later, I asked again and received more than 800. They are tough and often traumatic to read (when I first received them in the post, they came without warning), but they are also a kind of treasure chest: fragments of memory, windows into a past I’d tried to forget. At first, they broke me. But over time, they became maps, continually changing as I age – helping me understand, make sense of the damage, navigate the past and future, and see that it wasn’t my fault. I was just a kid in a broken system.
“But the system is still broken, and record-keeping is a critical element of this – our storytelling. Too often the whole child is lost in forms and reports, their voice minimised or unheard. That has to change. Every child in care deserves records that see them, protect them, and help them heal and thrive.”
Better Records Together
The ICO has launched its ‘Better Records Together’ campaign by publishing a suite of practical resources to help tackle the current issues. The campaign includes:
new standards for organisations providing clarity on how to handle requests with care, as well as good practice measures to better support people from the moment they enter the care system.
clear advice for people requesting their records to help them to navigate the process and access support.
UK-wide supervision pilot running across 2025/26, monitoring the performance of 19 organisations to drive improvements.
In a letter sent to senior leaders, the Information Commissioner has made clear that if improvements are not made, organisations may face regulatory action.
The ICO has been proactively engaging with all 32 local authorities in Scotland after receiving complaints of long delays when care records were requested. Many local authorities have seen increases in requests over the last few years in relation to Scotland’s Redress Scheme, where people who suffered abuse while in care can apply for redress using supporting documents such as care records.
Some improvements have already been made across many local authorities in Scotland following the ICO’s engagement, but these must be sustained and further improvements made.
The regulator is working with charities, advocacy groups and other third parties to ensure their support reaches those who need them most.
Nicola Killean, Children and Young People’s Commissioner Scotland, said: “The Information Commissioner’s Office’s campaign to support improved access to records by people with care experience is an important one. It is vital that children with care experience have access to their own records, in a way that is straightforward and easy for them to navigate.
“Children who have care experience have the same rights as every other child under the United Nations Convention on the Rights of the Child (UNCRC), but they also have extra safeguards. If a child can’t live with their family, this includes having the right to special protection and help.
“Care experienced children and young people have been clear over many years about the importance of proper recording of their time in care. It can help them come to terms with their experience, understand why decisions may have been made, and give them a sense of agency over their own lives. It supports children’s rights to identity, rights to a fair hearing and due process, and rights to respect for private and family life.”
Flora Henderson, Director, In Care Survivors Alliance, said: “In Care Survivors Alliance is heartened to see the publication of Information Commissioner’s Office latest guidance around care records.
This work is vital work in ensuring that people who are care experienced can access their records in a timely, supported and transparent way. We are aware how difficult information access requests can be for individuals, especially when lack of support can create a significant negative impact.
“As such, ICO’s guidance is of considerable value. We encourage all those who hold, create or respond to requests for care records to join the collective effort in empowering people to exercise their rights and access their records.”
Mary Glasgow, Chief Executive, Children First, said: “Children First supports the ‘Better Records Together’ campaign because people must be able to understand their past in a way that feels meaningful.
“For many care experienced people records are the only way to fill the gaps in their history and make sense of who they are. That’s why we prioritise recording children and families’ hopes and dreams, as well as meetings and support.
“We make sure that our historical records are as easy to access as possible. Records aren’t just paperwork, they are the threads that weave together the story of your life.”
A spokesperson for Who Cares? Scotland, said: “We welcome the Better Records Together project and are excited for the improvements to accessing records for Care Experienced people it will bring.
“We often hear from our members about the difficult and sometimes traumatic experience it can be to get access to their records and then read them. That’s why we’re proud to support the Information Commissioner’s Office with this new phase of their project.”
Visit the ICO’s Better Records Together webpage to access the resources and find out more about its work to support both people with care experience and the organisations that handle their records.
Scotland can speed up progress to keep its promise to care-experienced children by addressing the unequal provision of “family group decision making” according to authors of a new report from Children First, Scotland’s national children’s charity.
Family Group Decision Making in Scotland found that while a majority of professionals who offer these services (60%) identified improving outcomes for children, including keeping children out of care, as a key strength, a third of local authorities have no family group decision making provision. Where services are in place provision is patchy, with an average of only two family group decision making coordinator posts per local authority.
Children First’s research included an online survey of children’s services professionals across Scotland, a review of how family group decision making fits with Scottish law and policy and learning from other countries about the impact of the approach. The research identifies a strong commitment from a range of professionals to family group decision making but says the impact for children is limited by an unclear legislative and policy framework and a lack of sustainable funding.
Earlier this year, the Promise Oversight Board warned that the Scottish Government’s ambition to make sure care-experienced children and young people grow up loved, safe and respected by 2030 is at risk of being missed.
At the time, the Oversight Board called for family group decision making to be consistently available across the country, saying: “there is a need to ensure it is available to everyone who would benefit from it wherever they live in Scotland, and that it is sustainably funded.”
Linda Jardine, Director of Children and Families at Children First, said: “If, for any reason, you were unable to care for your own children, you would want them to have the opportunity to be cared for safely by loving members of your wider family or a close friend. Yet too many children in Scotland are still going into care without that chance being fully explored through family group decision making.
“Our research shows there is a clear place for family group decision making within Scotland’s care and protection system and a strong commitment from a range of professionals to helping children and families benefit from it. But weaknesses in legislation, policy and funding arrangements create barriers which stop children that need family group decision making from accessing it. With the clock ticking closer to 2030 it’s time to seize this untapped opportunity to make faster progress towards keeping the Promise.
“The forthcoming Promise Bill is a key vehicle for the Scottish Government to clarify the place of family group decision making in legislation by ensuring it is consistently offered before compulsory interventions, such as children’s hearings.”
The recent Scottish Government report highlighting the work done to date on improving the lives of care-experienced children and young people is to be welcomed. There is however much to be done.
‘The Promise’ is a commitment that by 2030 all care-experienced children in Scotland will grow up loved, safe and respected, with the ability to reach their full potential.
Those in this category represent some of the most vulnerable members of our society, experiencing considerably fewer life chances than their peers, with poorer health and educational outcomes.
Recent data reinforce this, noting that the figures for exclusion of pupils who have been looked after in the past year are still between five and six times as high as the levels found across the total pupil population. This is despite a commitment that all formal and informal exclusions of care-experienced pupils would end. Scotland is still very far away from achieving that.
As a society, if we want to build a care system which has love and respect at its very heart, we must provide the resources necessary to ensure that that this group of individuals get the vital care and support they so desperately need.
Only through this can we ensure that ‘The Promise’ is kept.
42 organisations across Scotland will benefit from £4 million funding to deliver projects that will help children, young people and families in the care system.
Administered by the Corra Foundation, the second round of The Promise Partnership Fund will be split across third sector and public organisations that prioritise work to:
build supportive workforces that can provide the unique support for young people and families in the care system to thrive
create school structures that provide support, opportunities and a sense of belonging
enhance youth justice and rights to reduce and prevent the criminalisation of children and young people with care experience
The announcement marks the beginning of Care Experienced Week, when people come together to advocate for change and encourage the transformation required to Keep The Promise.
Minister for Keeping the Promise Natalie Don said: “The Promise Partnership Fund is crucial in supporting organisations to make the changes needed to enrich the lives of children and young people in or on the edges of care.
“Care Experienced Week starts today and is a key opportunity for Scotland to come together to celebrate and show our love for children and young people who have experienced care.
“I am determined we keep driving forward the transformational change that is required to Keep The Promise and make Scotland the best place in the world to grow up, where all children are loved, safe, respected and realise their full potential.”
In 2022 the Scottish Government appointed Corra to administer £12 million through the Promise Partnership Fund from December 2022 until March 2025.
The 42 successful organisations are:
Aberdeenshire Council Virtual Headteacher
Adoption UK
Angus Carers Association
Association for Fostering, Kinship and Adoption Scotland
Bright Light Relationship Counselling
Children 1st
Children and Families Service, Dundee City Council
Children and Young People’s Centre for Justice
Children in Scotland Ltd
Circle
City of Edinburgh Council – Childrens Partnership
City of Edinburgh Council – Parent Panel
Comhairle nan Eilean Siar
Community Law Advice Network
Cyrenians
Families Outside Limited
Fife Council
Fostering People Scotland
Highland Child Protection Committee
Home-Start UK
includem
Kirkcaldy YMCA
Moray Council
Napier University Development Trust (Hub for Success)
North Lanarkshire Council
Project Esperanza
Renfrewshire Council
Salvesen Mindroom Centre
Scotland Yard Adventure Centre (known as The Yard)
Scottish Attachment in Action
South Ayrshire Council
South Lanarkshire Council
Staf
Stirling Community Enterprise
Stirling Council
The Fostering Network
The Princes Trust
The Why Not? Trust
West Dunbartonshire Health and Social Care Partnership
Harbour Homes is working with Cairn Housing Association to create 306 homes at Granton Harbour (Plot S), which are due to welcome their first tenants in autumn 2023. There will be 96 affordable properties for Harbour Homes to provide social housing and 130 Harbour Lettings homes for mid market rent. The remaining 80 properties will be social rent homes for Cairn Housing Association.
A seven-bedroom independent living home and office space with an adjoining one-bedroom flat are also being built for Dean and Cauvin Young People’s Trust to support people in the care system. Dean and Cauvin provide accommodation for young people (from ages 15-21) as well as supporting their transition to living independently.
Pamela Kidd (left), Chief Executive at Dean and Cauvin and Harbour Group Chief Executive Heather Kiteley (right).
Following a visit to the site Heather Kiteley, Group Chief Executive of Harbour (formerly Port of Leith Housing Association), said: “This development is going to offer so much to the local community in Granton and continue our dedication to providing affordable homes in Edinburgh.
“The progress that has been made at this site is great to see and I can’t wait to see the finished high-quality homes.”
Jason MacGilp, Cairn Housing Association Chief Executive, commented: “It is great to see the progress of this important development and we are looking forward to its completion this year.
“Our thanks go to the contractor team at CCG for their hard work on this high-quality scheme. Cairn are delighted to be working in partnership with Harbour Homes and with the City of Edinburgh Council to make a positive contribution to meeting housing needs and the wider regeneration of the waterfront.”
Young adults who visited the site and will be moving into Dean and Cauvin’s unit said: “We’re looking forward to fewer stairs, better beds, having double glazing and having better showers. Excited to be the first group of people to be staying there. Great that it’s next to the seaside!”
Staff from Dean and Cauvin commented: “There will be nicer conditions for staff and it will be good to have a nicer sleep-in room for staff.
“The new office being on the ground floor will mean it is closer to the main living space so everyone can stay connected. It should feel much more like a home. Bigger windows will allow in more light and fresh air.
“We’re most excited about having a laundry room and a nice dining area for everyone to eat together and socialise. It’ll be nice to have a purpose-built space just for us.”
(PICTURED – TOP L-R) Meg Deasley (Director of Property Services, Cairn), Rachel Fraser (Development Officer, Harbour Homes), Jason MacGilp (Chief Executive, Cairn), Heather Kiteley (Harbour Group Chief Executive), Gordon Cameron (Director of Group Operations, Harbour) and Susan Wilson (Development and Regeneration Manager, Cairn).
Vital funding to help transform family support services and reduce the number of children going into care has been announced by the Scottish Government. Local authorities will receive £32 million in Whole Family Wellbeing Funding for 2022-23, with a further £6 million available to support this work.
This will help build services that focus on prevention and early intervention, so families get the support they need to overcome challenges before they reach crisis point.
Arrangements for distributing the remaining £12 million of Whole Family Wellbeing Funding committed for 2022-23 are being finalised.
Education Secretary Shirley-Anne Somerville said: “It is essential that we provide the right kind of support to enable families to thrive so that, ultimately, fewer children and young people go into care.
“Whole Family Wellbeing Funding aims to transform the way support is delivered by ensuring families can access seamless support that meets their individual needs.
“The £50 million committed in 2022-23 will focus on building the capacity for further investment from 2023-24 onwards. This funding is a critical part of how we will keep the Promise by helping families access the support they need, where and when they need it.
“Our ambition is that from 2030, we will be investing at least 5% of all community-based health and social care spend in preventative whole family support measures.”
The Scottish Government has committed to investing £500 million in Whole Family Wellbeing Funding over the course of this Parliament.
Decisions on the use of the £32 million allocated to local authorities for 2022-23 will be made by Children’s Services Planning Partnerships.
A major plan containing 80 actions to improve the lives of children, young people and families in and around the edges of care has been published.
The ‘Keeping The Promise Implementation Plan’ aims to significantly reduce the number of children in care, with at least £500 million over this Parliamentary term to help families stay together.
The Scottish Government will also introduce a national allowance for foster and kinship carers and provide a £200 grant each year for 16 to 25-year-olds with care experience.
Other commitments include:
redesigning the Children’s Hearings System
redesigning the governance of the care system
ending the placement of 16 and 17-year-olds in young offender institutions
reducing the use of restraint in residential or secure care
Minister for Children and Young People Clare Haughey said: “More than 5,500 people – half of them children and young people with experience of care – told the Independent Care Review that change is needed. This plan sets out, for the first time, over 80 actions that the Scottish Government will take to keep The Promise to deliver that change.
“These ambitious actions will help families to thrive so they can safely stay together. They will also support carers and families engaged with the care system, as well as care leavers and care experienced people in education and employment.
“Alongside The Promise Scotland, the care community, local government, and many others, we are building on work that is already under way to bring forward change as quickly as possible.”
In February 2020 the Independent Care Review published The Promise setting out recommendations to improve outcomes for those with care experience.
Coram Voice is excited to announce that actor Peter Capaldi will return to host the sixth annual edition of Voices, the creative writing competition for children in care and young care leavers across the country. The competition is now open for entries until 31 March 2021.
Coram Voice, a charity that ensures the voices of children and young people in and around the care system are heard, first launched the competition in 2016 as a platform for care-experienced young people to express their creative talents and share their stories.
Peter said: “It is an honour to host the Voices awards ceremony again this year. The competition is a fantastic opportunity to showcase the creativity and talent of care-experienced young people and builds greater understanding around their lives and experiences.
“I really hope that lots of young people will be inspired to put pen to paper and share their words with us. I can’t wait to read your pieces and wish you the very best of luck!”
The theme of this year’s competition is ‘What Makes Life Good’ and entries can be in any written form including poems, short stories, raps or newspaper articles, with a 500 word limit.
There are four age categories: primary school, lower secondary school (age 11-14), upper secondary school (age 15-17) and care leavers (age 18-25).
Entries will be judged by an expert panel of authors and poets, some of whom are care experienced. The judges are due to be announced shortly, alongside a group of young judges who were finalists in previous years of the competition.
Previous competition entrants have said that participating had inspired them to write more, made them feel appreciated and valued for their talents and helped them to express their emotions about being in care.*
Ryan, winner of the Voices 2020 Primary School category, said: “This brilliant competition gives young people the opportunity to express themselves. I’ve dealt with lots of difficult feelings to be the person I am today and writing helps to clear my head.
“Without entering this competition, I wouldn’t have discovered how much I enjoy writing. We all have a poet inside us – we just need to have a go and write from our hearts.”
Brigid Robinson, Managing Director of Coram Voice, said: “We are delighted to open the 2021 edition of the Voices creative writing competition. The competition has grown year on year, and we are always impressed by the remarkable entries that we receive.
“This year’s theme of ‘What Makes Life Good’ is guaranteed to see more creative and inspiring written pieces from care experienced young people. It is a chance for young people to express what really matters to them and an opportunity to showcase their talents. It is also a reminder that the voices of care experienced children and young people should be centre stage as we learn about their experiences and celebrate their achievements.”
First Minister Nicola Sturgeon has pledged to listen to 1,000 young people with experience of care. Ms Sturgeon met children and young people at Who Cares? Scotland in Glasgow yesterday to kick off a project to improve the lives of children in care.
The 1,000 voices manifesto, put together by Who Cares? Scotland and a coalition of charities, has three aims:
To let young people return to care and to extend aftercare;
To make sure young people who are looked after at home get the support they need;
To make sure more young people have a chance at getting and keeping a job.
The First Minister said: “Every child should have the best start in life and an equal chance to succeed. Yet for far too many young people in care, and through absolutely no fault of their own, that’s not the case.
“Children and young people are the best advocates for change and I am delighted to commit to listen to 1,000 people with experience of care.
“I’ve heard today some powerful stories of incredible strength and success in the most adverse of circumstances. Every person will have a different experience and over the next two years, I’ll spend time meeting many more young people or hearing their stories.
“By listening more to our young people, and by hearing what works and how the care system can improve, we’ll be able to make meaningful, lasting change and ensure children in care get the same support, stability and life chances that the rest of us take for granted.”
Duncan Dunlop, Chief Executive of Who Cares? Scotland said: “We are thrilled to welcome the First Minister today. The commitment to listen to 1000 care experienced voices shows incredible leadership and will set us on a journey that will change the outcomes for care experienced people once and for all.
“The Scottish Government, when passing the Children and Young People Act, did something that had never been done by any Government in the world. They engaged with care experienced people, listened to their stories, and made legislation that addressed the realities of what it’s like to leave care.
“As the most senior corporate parent in Scotland, the First Minister has now set the tone. Decisions can’t and shouldn’t be made without listening to care experienced people. It is this commitment to working together that makes us confident that we are on the road to giving every care experienced person in Scotland the future we would want for our own children.”
