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Children (Care, Care Experience and Services Planning) (Scotland) Act 2026

2026 asp 16 · Enacted 15 May 2026 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 September 2026.

An Act of the Scottish Parliament to make provision for and about the provision of services and support for or in relation to children and other persons with care experience; to make provision for a register of foster carers; to make provision about children’s hearings; to make provision in relation to the planning of children’s services; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 19th March 2026 and received Royal Assent on 15th May 2026

Contents

  1. Part 1: Children’s care system
  2. Chapter 1: Support etc. for persons in or with experience of children’s care system
  3. Aftercare Not yet in force
  4. 1Aftercare Not yet in force
  5. 2Assessment of needs Not yet in force
  6. 3Types of assistance Not yet in force
  7. 4Other duties Not yet in force
  8. 5Financial assistance towards expenses of education or training etc. Not yet in force
  9. 6Co-operation between authorities Not yet in force
  10. 7Consequential modifications of enactments Not yet in force
  11. Advocacy services for care-experienced persons
  12. 8Advocacy services for care-experienced persons
  13. 9Independence of care experience advocacy services Not yet in force
  14. Duties in relation to care experience
  15. 10Duties of public authorities etc. in relation to care experience
  16. 11Regulations under section 10: further provision
  17. Review of permanence
  18. 12Review of permanence
  19. Interpretation
  20. 13Interpretation
  21. Chapter 2: Support etc. for persons in or with experience of children’s care system: modification of enactments
  22. Family group decision-making
  23. 14Right to request family group decision-making services Not yet in force
  24. 15Promotion of family group decision-making services Not yet in force
  25. 16Guidance on family group decision-making services
  26. Kinship care assistance
  27. 17Kinship care needs assessment Not yet in force
  28. 18Guidance in relation to kinship care assistance functions
  29. 19Kinship care assistance: power to require information-sharing by local authority Not yet in force
  30. Provision of accommodation Not yet in force
  31. 20Duty to provide accommodation for children in need Not yet in force
  32. 21Provision of accommodation for care-experienced persons Not yet in force
  33. Continuing care Not yet in force
  34. 22Continuing care: persons eligible and accommodation to be provided Not yet in force
  35. 23Power to continue provision of continuing care up to person’s 26th birthday Not yet in force
  36. 24Return to continuing care Not yet in force
  37. Corporate parenting Not yet in force
  38. 25Corporate parenting: application to persons looked after before age 16 and planning Not yet in force
  39. 26Guidance on corporate parenting Not yet in force
  40. Chapter 3: Provision of children’s care services
  41. Requirements on certain care providers
  42. 27Children’s residential care services: profit limitation Not yet in force
  43. 28Fostering services to be charities Not yet in force
  44. 29Services taking cross-border placements
  45. Register of foster carers Not yet in force
  46. 30Register of foster carers Not yet in force
  47. 31Register of foster carers: further provision Not yet in force
  48. 32Disclosure of information Not yet in force
  49. 33Establishment and maintenance of register by person other than Scottish Ministers Not yet in force
  50. 34Pilot scheme Not yet in force
  51. 35Register of foster carers: interpretation Not yet in force
  52. Allowances and other payments
  53. 36Allowances and other payments
  54. 37Uprating of allowances Not yet in force
  55. Guidance on use of restraint and seclusion in relevant care services Not yet in force
  56. 38Guidance on use of restraint and seclusion in relevant care services Not yet in force
  57. Report on deaths of care-experienced persons
  58. 39Report on deaths of care-experienced persons
  59. Chapter 4: Support for adoption Not yet in force
  60. 40Peer support services Not yet in force
  61. Chapter 5: Children’s hearings Not yet in force
  62. Composition etc. of Children’s Panel, children’s hearings and pre-hearing panels Not yet in force
  63. 41Single member children’s hearings and pre-hearing panels Not yet in force
  64. 42Remuneration of Children’s Panel members Not yet in force
  65. Child’s attendance at children’s hearings and hearings before sheriff Not yet in force
  66. 43Child’s attendance at children’s hearings and hearings before sheriff Not yet in force
  67. Grounds hearings Not yet in force
  68. 44Role of Principal Reporter and grounds hearing Not yet in force
  69. Relevant persons Not yet in force
  70. 45Powers to exclude persons from children’s hearing Not yet in force
  71. 46Relevant person’s right to require review of compulsory supervision order Not yet in force
  72. 47Removal of relevant person status Not yet in force
  73. Timescales Not yet in force
  74. 48Timescale for determination of application to sheriff Not yet in force
  75. 49Reports on timescales in children’s hearing system Not yet in force
  76. Other changes Not yet in force
  77. 50Tests for referral to Principal Reporter and making of compulsory supervision order or interim compulsory supervision order Not yet in force
  78. 51Information about referral, availability of children’s advocacy services etc. Not yet in force
  79. 52Children’s advocacy services: non-instructed advocacy Not yet in force
  80. 53Children’s advocacy services: notification of hearings Not yet in force
  81. 54Period for which interim compulsory supervision order or interim variation of compulsory supervision order has effect Not yet in force
  82. 55Making of further interim compulsory supervision orders Not yet in force
  83. 56Principal Reporter’s power to initiate review of compulsory supervision order Not yet in force
  84. 57Family group decision-making: information to be provided to Principal Reporter Not yet in force
  85. Children’s legal aid Not yet in force
  86. 58Children’s legal aid Not yet in force
  87. Chapter 6: Place of safety for children who have been arrested Not yet in force
  88. 59Power to require that arrested children be taken to a place other than a police station, etc. Not yet in force
  89. Part 2: Children’s services planning
  90. 60Lead children’s services planning bodies
  91. 61Aims of children’s services planning Not yet in force
  92. 62Children’s services plans: process and review Not yet in force
  93. 63Reporting on children’s services plans
  94. Part 3: Reports and reviews
  95. 64Report on family group decision-making services
  96. 65Review of the Act
  97. 66Report on fulfilment of the Promise
  98. Part 4: Final provisions
  99. 67Ancillary provision
  100. 68Regulation-making powers
  101. 69Meaning of “child”
  102. 70Commencement
  103. 71Short title