The Children (Care, Care Experience and Services Planning) (Scotland) Bill - Stage 3

On 19 March 2026, MSPs will take the final vote on the Children (Care, Care Experience and Services Planning) (Scotland) Bill. If the Bill passes, it will become an Act of the Scottish Parliament and part of Scots law.

This legislation represents the most significant legislative changes since the conclusion of the Independent Care Review in 2020 and the promise made by the Scottish Parliament to children, young people, families, and care experienced adults.

If passed, the Bill will strengthen support, rights and protections for care experienced people and their families, helping Scotland take further steps towards keeping that promise.

Before the final vote, there will be a Stage 3 debate, where MSPs will consider and vote on any final amendments.

This is a defining moment for the Scottish Parliament. We urge all MSPs to support the Bill and help Scotland take an ambitious step forward in keeping the promise. It is an opportunity – and responsibility – for parliament to honour the courage of those who told their story to the Independent Care Review in the hope of change, and to the care community to whom the promise was made.

During the debate, members of the care community will be present in the gallery. They – and many others - are looking to this parliament to set out clear rights and entitlements that, when realised, will improve lives.

The Parliamentary Process

The Bill was introduced in June 2025, aiming to make a number of changes designed to strengthen support and rights for children, young people, families and care experienced adults in line with the conclusions from the Independent Care Review. These included:

• giving people who left the care system before their 16th birthday the right to apply for aftercare
• requiring Scottish Ministers to ensure care experienced people have access to advocacy services
• requiring Scottish Ministers to publish guidance which promotes understanding of “care” and “care experience”
• giving Scottish Ministers powers to limit the profits that can be made from children’s residential care
• requiring fostering services to register as charities
• giving Scottish Ministers the power to create a register of foster carers
• making changes to the Children’s Hearings System

After the Bill was introduced, this began a three-stage parliamentary process used to scrutinise legislation. Members from across the chamber have given this Bill detailed and thoughtful scrutiny: listening to those responsible for delivery and, most importantly, to those whose lives it will affect.

Stage 1

At Stage 1, the Education, Children and Young People Committee gathered evidence from organisations across Scotland on the content of the Bill, how it might work in practice, and where changes might strengthen it.

During this stage, The Promise Scotland provided both a Stage 1 written briefing and verbal evidence alongside other people and organisations for the Committee to consider. Following this scrutiny, the committee published its report and the Bill passed Stage 1 with cross-party support.

Stage 2

At Stage 2, the Committee considered amendments lodged by the Minister for Children, Young People and The Promise and by MSPs from across the Parliament and voted on which should become part of the amended Bill. We shared our stage 2 briefing with MSPs on the amendments we thought would strengthen the Bill.

During Stage 2 of the parliamentary process, the Bill was strengthened by including provisions relating to:

• Stronger support for kinship carers, including clearer assessment of needs
• A right to return to care, including extension of continuing care up to age 25
• Earlier access to advocacy for children and young people
• Requirement to consider the availability of child-centred legal advice and representation
• Family Group Decision Making, including duties relating to information and reporting
• Clearer definition of independent advocacy services

Together, these provisions strengthen the support and rights available to children, young people and care experienced adults and help ensure that services respond to what they need. We believe it is important that the amendments outlined above remain part of the Bill as it progresses through Stage 3.

The right to return to care

One area that The Promise Scotland have consistently highlighted as particularly important is the right to return to care. We were pleased to see amendments added into the Bill at Stage 2, which will help move the law closer to the promise that:

Young adults for whom Scotland has taken on parenting responsibility must have a right to return to care and have access to services and supportive people to nurture them.

The Promise report, p92.

For most young people, moving towards independence is gradual. Many leave home and return for periods of time before moving on again. It is this continued support that gives young people the stability and space they need as they reach adulthood.

Extending continuing care and enabling young people to return to safe and appropriate care when needed reflects the reality of how young adulthood works. All young people should have the same opportunities for stability and support.

You can read more on The Promise Scotland position on the right to return here.

Following Stage 2, the Scottish Government published a supplementary Financial Memorandum setting out the potential financial implications of those changes.