Review of legislative landscape for children in care
13 Jan 2026 12:46 PM
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.