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Committee

Education, Children and Young People Committee 04 February 2026 [Draft]

04 Feb 2026 · S6 · Education, Children and Young People Committee
Item of business
Children (Care, Care Experience and Services Planning) (Scotland) Bill: Stage 2
Don-Innes, Natalie SNP Renfrewshire North and West Watch on SPTV
Sorry, convener, I was a little bit behind—I am organised now.I welcome the opportunity to speak to this group of amendments, which relates to kinship care assistance. Amendments 1, 2 and 3 form a coherent package of Government amendments designed to strengthen the statutory framework for kinship care. Together, they introduce a clear right to a comprehensive needs-based assessment, ensure that local authorities have regard to statutory guidance, and improve national oversight through proportionate information-sharing powers.For kinship carers and the children they care for, the amendments are about making support clearer and more reliable, so that families know what help they can ask for and how it will be considered, and can expect greater consistency across Scotland. At their heart, the amendments are about ensuring that children growing up in kinship care are properly supported, in line with our commitments under the Promise. They introduce a clear right for eligible kinship carers to request and be offered a comprehensive needs-based assessment, so that support is considered in the round and reflects families’ individual circumstances. The assessment is intended to be child centred and align with existing GIRFEC practice and the child's plan, supporting rather than duplicating current assessment and planning processes.My amendments are also intended to strengthen the role of statutory guidance and introduce proportionate information-sharing powers, helping to improve consistency, transparency and national oversight, so that we can better understand how kinship support is working across Scotland, while respecting local delivery.I understand the intent behind Jeremy Balfour’s amendment 4. Indeed, kinship carers should be properly supported and treated fairly; my amendments seek to achieve that. However, I am not able to support amendment 4. The parity in assistance envisioned by the amendment is unclear. Although kinship care assistance is a defined concept in legislation, there is no equivalent concept in respect of foster care. As drafted, the amendment would introduce a broad and undefined parity requirement that risks blurring the long-established distinction between kinship care as family-based care and foster care as a commissioned service, delivered on behalf of the state through formal arrangements. That could give rise to unintended legal, practical and financial consequences.In particular, amendment 4 does not distinguish between assistance intended to meet the cost of caring for a child and payments associated with foster care as a commissioned care service. Ministers already have the power to specify and require payment of allowance rates for foster and kinship carers, and we are strengthening that further through amendments 20 and 21, in a later group in relation to uprating and transparency. I consider that to be a more targeted and proportionate route to fairness. I hope that Jeremy Balfour agrees and will not press amendment 4. If he does, I encourage members to vote against it.Miles Briggs’s amendment 126 appears to align closely with the commitments that are set out in the draft kinship care vision statement. That vision emphasises the need for greater transparency, clearer local offers and improved access to information so that kinship carers are better able to understand and access the support that is available to them in their local areas and nationally. One purpose of the bill is to ensure that children and families with care experience feel supported, informed and empowered. Mr Briggs’s proposal contributes meaningfully to that aim. However, I seek to clarify what Mr Briggs intends in relation to local and national levels, and I would be happy to work with him to bring back a suitable alternative amendment to remedy that at stage 3.I encourage members to support my amendments 1, 2 and 3, and I move amendment 1.

In the same item of business

The Convener (Douglas Ross) Con
Good morning and welcome to the fifth meeting of the Education, Children and Young People Committee in 2026.Today is the first day of our stage 2 proceedings...
The Convener Con
Welcome back. We move to our stage 2 consideration of the bill. Amendment 87, in the name of Sue Webber, is grouped with amendment 225.
Sue Webber (Lothian) (Con) Con
It is nice to be back here in committee room 1 on a Wednesday morning.My amendment 87 seeks to place prevention, minimum intervention and family reunificatio...
John Mason (Glasgow Shettleston) (Ind) Ind
I have some sympathy for the idea of having general principles in a bill. However, Sue Webber mentioned prevention, and subsection (2)(e) in her amendment 87...
Sue Webber Con
A whole host of things could come under the banner of preventative measures. However, far too often, those preventative measures are not fully funded. We wil...
Martin Whitfield (South Scotland) (Lab) Lab
We are talking about young people and so we have to go back to the basis of getting it right for every child. The individual support and assessment that one ...
Sue Webber Con
Mr Whitfield is right. We hear time and again that it is about getting it right for every child, and every child is different and every family circumstance i...
Paul O’Kane (West Scotland) (Lab) Lab
I draw members’ attention to my entry in the register of interests, which shows that my husband is a service manager in children and families social work and...
Ross Greer (West Scotland) (Green) Green
I have a lot of sympathy with what Paul O’Kane has outlined. My concern is the feedback that we have had from so many people in the care-experienced communit...
Paul O’Kane Lab
I recognise Ross Greer’s point and some of the concern about renaming the bill. I have heard the flip side of that, too. I have met many care-experienced peo...
The Minister for Children, Young People and The Promise (Natalie Don-Innes) SNP
In the first instance, I thank Sue Webber for explaining the rationale behind amendment 87. I agree that the welfare of a child or young person should be par...
Sue Webber Con
Surely, for the sake of transparency and accountability, all the preventative measures that are considered should be documented somewhere, so that there is a...
Natalie Don-Innes SNP
That may be, and I would be happy to debate that with Ms Webber, but I do not feel that the child’s plan is the right place for that.Under current legislatio...
Paul O’Kane Lab
In her opening remarks, the minister referred to the fact that she has referred to the bill as “the Promise bill”, both at the committee and in the chamber. ...
Natalie Don-Innes SNP
As I have just laid out, I do not believe that the bill is the be-all and end-all of delivering the Promise. As I have stated in committee before, a huge amo...
Paul O’Kane Lab
I do not think that anyone is suggesting that the bill is the be-all and end-all. In fact, we are quite far away from that. However, thinking about a stateme...
Natalie Don-Innes SNP
I understand the intent behind the proposal, as I think I have said clearly. However, given the feedback that I have heard from young people on what the bill...
Sue Webber Con
I will keep my remarks brief, because I know that we have lots to do.I am curious to know where the minister thinks that information about preventative measu...
The Convener Con
The question is, that amendment 87 be agreed to. Are we agreed?Members: No.
The Convener Con
There will be a division.
ForBriggs, Miles (Lothian) (Con)O’Kane, Paul (West Scotland) (Lab)Ross, Douglas (Highlands and Islands) (Con)AgainstAdam, George (Paisley) (SNP)Dunbar, Jacki...
The Convener Con
The result of the division is: For 3, Against 7, Abstentions 0.Amendment 87 disagreed to.
The Convener Con
Amendment 1, in the name of the minister, is grouped with amendments 2 to 4 and 126. I call the minister to move amendment 1 and speak to all the amendments ...
Natalie Don-Innes SNP
Moved.
The Convener Con
I am asking you to move amendment 1 and speak to all the amendments in the group.
Natalie Don-Innes SNP
Sorry, convener, I was a little bit behind—I am organised now.I welcome the opportunity to speak to this group of amendments, which relates to kinship care a...
Jeremy Balfour (Lothian) (Ind) Ind
Good morning. Amendment 4 seeks to ensure that kinship carers are on an equal footing with others who provide care, such as foster carers. Both take in child...
John Mason Ind
I accept that the issue is not just about finance, but it partly is. Does Jeremy Balfour have any idea about what the proposal would cost?
Jeremy Balfour Ind
At the moment, the cost is being met by each local authority, because the Scottish Government is funding it, so there is no cost. In addition, it cannot be b...
Miles Briggs (Lothian) (Con) Con
Good morning. I am pleased that we start by, I hope, putting kinship care at the heart of the bill, as Jeremy Balfour said. I recognise what the minister sai...