Children (Care, Care Experience and Services Planning) (Scotland) Act 2026
2026 asp 16 · Enacted 15 May 2026 · Extends to Scotland
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
- Part 1: Children’s care system
- Chapter 1: Support etc. for persons in or with experience of children’s care system
- Aftercare Not yet in force
- 1Aftercare Not yet in force
- 2Assessment of needs Not yet in force
- 3Types of assistance Not yet in force
- 4Other duties Not yet in force
- 5Financial assistance towards expenses of education or training etc. Not yet in force
- 6Co-operation between authorities Not yet in force
- 7Consequential modifications of enactments Not yet in force
- Advocacy services for care-experienced persons
- 8Advocacy services for care-experienced persons
- 9Independence of care experience advocacy services Not yet in force
- Duties in relation to care experience
- 10Duties of public authorities etc. in relation to care experience
- 11Regulations under section 10: further provision
- Review of permanence
- 12Review of permanence
- Interpretation
- 13Interpretation
- Chapter 2: Support etc. for persons in or with experience of children’s care system: modification of enactments
- Family group decision-making
- 14Right to request family group decision-making services Not yet in force
- 15Promotion of family group decision-making services Not yet in force
- 16Guidance on family group decision-making services
- Kinship care assistance
- 17Kinship care needs assessment Not yet in force
- 18Guidance in relation to kinship care assistance functions
- 19Kinship care assistance: power to require information-sharing by local authority Not yet in force
- Provision of accommodation Not yet in force
- 20Duty to provide accommodation for children in need Not yet in force
- 21Provision of accommodation for care-experienced persons Not yet in force
- Continuing care Not yet in force
- 22Continuing care: persons eligible and accommodation to be provided Not yet in force
- 23Power to continue provision of continuing care up to person’s 26th birthday Not yet in force
- 24Return to continuing care Not yet in force
- Corporate parenting Not yet in force
- 25Corporate parenting: application to persons looked after before age 16 and planning Not yet in force
- 26Guidance on corporate parenting Not yet in force
- Chapter 3: Provision of children’s care services
- Requirements on certain care providers
- 27Children’s residential care services: profit limitation Not yet in force
- 28Fostering services to be charities Not yet in force
- 29Services taking cross-border placements
- Register of foster carers Not yet in force
- 30Register of foster carers Not yet in force
- 31Register of foster carers: further provision Not yet in force
- 32Disclosure of information Not yet in force
- 33Establishment and maintenance of register by person other than Scottish Ministers Not yet in force
- 34Pilot scheme Not yet in force
- 35Register of foster carers: interpretation Not yet in force
- Allowances and other payments
- 36Allowances and other payments
- 37Uprating of allowances Not yet in force
- Guidance on use of restraint and seclusion in relevant care services Not yet in force
- 38Guidance on use of restraint and seclusion in relevant care services Not yet in force
- Report on deaths of care-experienced persons
- 39Report on deaths of care-experienced persons
- Chapter 4: Support for adoption Not yet in force
- 40Peer support services Not yet in force
- Chapter 5: Children’s hearings Not yet in force
- Composition etc. of Children’s Panel, children’s hearings and pre-hearing panels Not yet in force
- 41Single member children’s hearings and pre-hearing panels Not yet in force
- 42Remuneration of Children’s Panel members Not yet in force
- Child’s attendance at children’s hearings and hearings before sheriff Not yet in force
- 43Child’s attendance at children’s hearings and hearings before sheriff Not yet in force
- Grounds hearings Not yet in force
- 44Role of Principal Reporter and grounds hearing Not yet in force
- Relevant persons Not yet in force
- 45Powers to exclude persons from children’s hearing Not yet in force
- 46Relevant person’s right to require review of compulsory supervision order Not yet in force
- 47Removal of relevant person status Not yet in force
- Timescales Not yet in force
- 48Timescale for determination of application to sheriff Not yet in force
- 49Reports on timescales in children’s hearing system Not yet in force
- Other changes Not yet in force
- 50Tests for referral to Principal Reporter and making of compulsory supervision order or interim compulsory supervision order Not yet in force
- 51Information about referral, availability of children’s advocacy services etc. Not yet in force
- 52Children’s advocacy services: non-instructed advocacy Not yet in force
- 53Children’s advocacy services: notification of hearings Not yet in force
- 54Period for which interim compulsory supervision order or interim variation of compulsory supervision order has effect Not yet in force
- 55Making of further interim compulsory supervision orders Not yet in force
- 56Principal Reporter’s power to initiate review of compulsory supervision order Not yet in force
- 57Family group decision-making: information to be provided to Principal Reporter Not yet in force
- Children’s legal aid Not yet in force
- 58Children’s legal aid Not yet in force
- Chapter 6: Place of safety for children who have been arrested Not yet in force
- 59Power to require that arrested children be taken to a place other than a police station, etc. Not yet in force
- Part 2: Children’s services planning
- 60Lead children’s services planning bodies
- 61Aims of children’s services planning Not yet in force
- 62Children’s services plans: process and review Not yet in force
- 63Reporting on children’s services plans
- Part 3: Reports and reviews
- 64Report on family group decision-making services
- 65Review of the Act
- 66Report on fulfilment of the Promise
- Part 4: Final provisions
- 67Ancillary provision
- 68Regulation-making powers
- 69Meaning of “child”
- 70Commencement
- 71Short title