Scottish Election 2026 Blogs - Children First

Ahead of the Scottish elections in May, we are producing a series of blogs with our partners on what the next Scottish Government and next Scottish Parliament need to do to keep the promise.

In this blog Lily Humphreys, Policy Manager at Children First is reflecting on the passing of the Children (Care, Care Experience and Services Planning) (Scotland) Bill and what this means for Family Group Decision Making and kinship care. Now the Bill has passed Lily looks at what must be done following the election to ensure the changes set out become a reality.

With the sixth term of the Scottish Parliament now over and an election round the corner, it was a huge relief to see the Children (Care, Care Experience and Services Planning) (Scotland) Bill squeeze through in the nick of time.

Informally known as ‘the Promise Bill’, this sets out a raft of changes that will move Scotland towards the reforms called for by the Independent Care Review in 2020. From advocacy to aftercare, the Bill updates the legislation underpinning how we support and care for children and families in and around the care system.

The unanimous support for the Bill at the final stage showed a shared determination across all political parties to secure better outcomes for children and families. It also showed overwhelming support for prioritising early help and preventative support. Those commitments must now be carried over into the next Parliament.

Progress has been made. Yet the gap between Scotland’s ambition for every child, as set out in the promise, and their families’ experiences remains far too wide. Every day our local and national children and family service teams hear from families who struggle to find the help they need. No child should be taken into care because support isn’t available, but across Scotland children and families continue to face these injustices.

Two key support systems: Family group decision making and kinship care

There’s no one solution, but there are things that can make a big difference. Family group decision making (FGDM) and kinship care are two key support systems which Scotland needs to keep the promise. 

As the largest third sector provider of FGDM services we have seen how this carefully designed voluntary decision-making model consistently leads to fewer children entering care, because options to remain safely in their community are identified and strengthened. The model empowers children and supports their extended family and friends to develop a ‘family plan’ rooted in their own strengths. Even where care is still needed, FGDM improves communication and strengthens children’s voices in persistently adult-centred decision-making processes. Despite the strong international evidence base, many children and families don’t get the opportunity to access FGDM, because provision is patchy. 

For many children on the edge of care, the safest and most loving option may be to live with a relative or close family friend, in kinship care.  Kinship is one of the most common care arrangements in Scotland and accounts for 35% of all children who are looked after in the community.  This is likely to under-estimate the true number of kinship care families in Scotland because many families' arrangements are considered ‘informal’, with little or no involvement from services. Kinship carers have an essential role in the care system, stepping in to offer love, support and a home for children who need it, but our Kinship Care Advice Service is inundated by calls from kinship care families who feel forgotten and unsupported.

Yet when ‘the Promise Bill’ was introduced last June, neither kinship care nor FGDM were included.

Strong cross-party support for stronger law

As the Bill moved through parliament, it was remarkable to see such strong cross-party support for stronger law in these areas. It has been equally heartening to see the Scottish Government respond so positively and work collaboratively with Children First and MSPs. This has resulted in the introduction of a strong package of amendments to address these gaps in the legislation.

Now the Bill, as passed, gives eligible children at risk of becoming looked after, and pregnant women, the right to request FGDM services and places responsibilities on local authorities to consider these requests, explain their decisions promote FGDM and follow Ministerial guidance. Local authorities will need to confirm whether it has been offered when providing information to the Children’s Hearing Reporter, and there will be a report back to parliament in three years' time looking at provision across the country.

For kinship families, the Bill and the Scottish Government’s new Kinship Care Vision and Offer introduce the right to request an assessment for support. They also increase accountability for how and when local authorities pay the Scottish Recommended Allowance and require these payments to rise with inflation.

For children and families, the Bill signals a renewed commitment by all political parties to the promise. That commitment must now be reflected in their election manifestos and backed by long term investment.

Legislation is only ever part of the jigsaw. The next Parliament now must keep a close eye on progress, to make sure that services are fully resourced and that the differences imagined by this Bill turn into practical changes that children and families can see and feel.