Ensuring the law can help to keep the promise
Part of: Policy
Legislative change is needed to keep the promise.
For Scotland to keep the promise, policy, practice and legal changes need to happen.
As part of this process, the Scottish Government will propose changes to the law, including through the Children (Care, Care Experience and Services Planning) (Scotland) Bill, which unanimously passed the Scottish Parliament in March 2026.
This Bill should help Scotland to keep the promise in the manner set out by the Independent Care Review – in particular The Rules report – and as set out in Plan 24-30.
Blog: "A defining moment for the Scottish Parliament"
Read our blog around Stage 3 of The Children (Care, Care Experience and Services Planning) (Scotland) Bill, which was written ahead of the Bill's unanimous passage.
What did The Promise Scotland do around the Children (Care, Care Experience and Services Planning) (Scotland) Bill?
We worked to make sure the upcoming Bill can do as much as possible to keep the promise.
Briefings we've produced around the Bill are collected below.
Briefing: Children (Care, Care Experience and Services Planning) (Scotland) Bill (Stage 3)
Our briefing document ahead of Stage 3 debate of this Bill in the Scottish Parliament.
Briefing ONE: Children (Care, Care Experience and Services Planning) (Scotland) Bill (Stage 2)
Our first briefing document ahead of Stage 2 debate of this Bill in the Scottish Parliament.
Briefing TWO: Children (Care, Care Experience and Services Planning) (Scotland) Bill (Stage 2)
Our second briefing document ahead of Stage 2 debate of this Bill in the Scottish Parliament.
Briefing: Children (Care, Care Experience and Services Planning) (Scotland) Bill (Stage 1)
A briefing document ahead of Stage 1 debate of this Bill in the Scottish Parliament.
Producing a Briefing Document
When the Scottish Government were drafting the Bill, we sent advice and guidance on developing policy, consultations and legislative approaches. Our Briefing Document covers all the areas we believe need to be considered and discussed by the Scottish Government when creating the Bill.
The first identifies the process for developing a Promise Bill, and the fundamentals it must have. It must:
- Have a coherent vision
- Be fully compliant with the UNCRC
- Be clear about the rights and entitlements of children, families and care experienced adults at every stage of their interaction with Scotland’s ‘care system’
- Include measures to ‘declutter’ the landscape of care
- Address the areas of the promise that require legislative change
- Be properly sequenced
- Not cut corners
- Only propose legislative change in areas where it is absolutely necessary
- Ensure legislative changes are fully evidenced and able to stand up to robust scrutiny
- Identify where other pieces of legislation around the ‘care system’ have not yet been implemented and prioritise and resource their enactment
- Focus on implementation
- Have a robust financial memorandum to accompany the bill and the resources for implementation.
The second part sets out the relevant changes required, and is organised according to a child’s journey through the ‘care system’ under headings of:
- Early help and support for children and families
- Intensive support for children and families?
- Decision-making alongside children and families (including the Children’s Hearings System)
- Children and families’ first engagement with the ‘care system’ (after a decision has been made)?
- The rights of children for whom Scotland has caring responsibilities
- Moving on from care into adulthood & lifelong rights of care experienced adults
- People?
- Scaffolding (creating an enabling environment for change.)
Response: Call for views on the Children (Care, Care Experience and Service Planning) (Scotland) Bill
The Promise Scotland's response to the Education, Children and Young People's Committee's call for views.
Briefing: Promise Bill
A briefing document on all the areas we believe need to be considered and discussed by the Scottish Government when creating the Promise Bill.
Consultation responses to inform the Promise Bill
Consultation response: Foster care
The Promise Scotland's response to the Scottish Government's consultation on foster care.
Consultation response: Financial Transparency and Profit Limitation in Children’s Residential Care
The Promise Scotland's response to the Scottish Government's consultation on financial transparency and profit limitation in children’s residential care.
Consultation response: Definition of 'care experience'
The Promise Scotland's response to the Scottish Government's consultation on a legal definition of "care experience."
Consultation response: ‘Moving On’ from care into adulthood
The Promise Scotland’s response to the Scottish Government’s consultation on ‘Moving On’ from care into adulthood.
Consultation response: Children's Hearings Redesign
The Promise Scotland's response to the Scottish Government's consultation on redesigning the Children's Hearings System.
Simpler laws: Creating a clearer 'care system'
The Promise Scotland is involved in work to declutter the legislative landscape through making the law on the 'care system' clearer.