Children Bill 'will fail young people' if next First Minister does not ensure proper funding

MSPs voted to pass new legislation that forms part of a long-term commitment to care experienced Scots first championed by Nicola Sturgeon.

The Children Bill is designed to bring in sweeping new changes despite warnings from Cosla, social workers and the Law Society of Scotland.

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Conservative MSP Roz McCall said the legislation is vital to improve life for young people in care but it must be fully funded and supported by the next government.

Ms McCall said: “The government cannot just have warm words. They have to back this up with action.

“John Swinney must be aware that this is fundamental.

“If he's going to be First Minister, and the government is going to be back in whatever format, with however many deals they have to do, they are going to have to enact this.

“And that means money and action and negotiation and communication with COSLA and social work and the children's hearing system.”

The Children Bill is fundamental to the delivery of the Scottish government’s response to the independent care review, and commitment to keep the Promise.

It includes provisions for a lifelong entitlement to advocacy services for all care experienced people and will extend 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 changes that will fundamentally alter Scotland’s unique Children’s Hearing System, undermining its founding ethos as a volunteer-led system.

Reforms include introducing paid Panel chairs and allowing decisions to be taken by one panel member rather than a tribunal.

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Residential childcare providers will have to provide financial information to Ministers, and a Residential Childcare Futures Reference Group will be established.

Ms McCall spoke at a debate on the bill in Holyrood to urge caution about how to proceed with the legislation.

She said: “Is it a good bill? It’s not as good as we would have hoped for, although the amendments made it better.

“But is it what was promised? No. Does it do what it says on the tin? No.

“Has it been truly costed? No. Is it going to work in reality? Probably not.

“I wasn't going to be the person who stood in the room and said, ‘Aren't we all wonderful? Look at what we've done.

“Because we haven't done it.”

Delivery of the Bill’s provisions will be taken forward in the next Parliament, subject to decisions of the Scottish Government formed after the May election.

Kay McKerrell, Interim Chief Executive of Who Cares? Scotland, said: “We welcome the passing of the Bill and the inclusion of a right to independent advocacy.

“We truly appreciate their dedication to the care experienced community as they pass this landmark piece of legislation.

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“We look forward to ensuring that this Bill is properly implemented and resourced over the coming years.”

Emma, a care experienced person, said the right to advocacy is vital.

She said: “A lot of young people don’t understand their rights.

“Even when they do, speaking up in a room full of adults who hold power over your life, that takes confidence that many of us simply didn’t have.

“That’s where independent advocacy becomes transformational.

“An advocate isn’t your social worker. They’re not your carer.

“They’re not part of the system making the decisions.

“Their only job is to make sure you’re heard - clearly, accurately and without fear.”

Natalie Don-Innes, Minister for Children, Young People & The Promise said she was grateful to the young people who helped shape the legislation.

She added: “This legislation is an essential part of our wider on-going programme of work to keep the Promise, and will help to deliver the change which the 5,500 voices that informed the Independent Care Review told us must happen.”