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
I will speak first to my amendments 5, 6 and 86. Those are interrelated and are needed to deliver quality care for young people in a well-planned way through the gradual roll-out of aftercare.Amendment 5 would ensure the affordability and deliverability of the expansion of aftercare to formerly looked-after children who have ceased to be looked after before the age of 16. Stakeholders have indicated concerns over the pressure in staffing and resourcing that the expansion of aftercare might place on children’s services. I understand the need to be given time to adjust to the increase in the numbers of children and young people who will request and receive aftercare support, so that it does not impact on the quality of support for them or the support that is already offered to children and young people who currently receive aftercare. Amendment 5 would allow for such expansion in a managed way.Amendment 6 is a technical amendment to give the Scottish ministers the power to accelerate the expansion of the new eligibility for aftercare to older age groups in the future by specifying a date that is earlier than the date of commencement of section 1 of the bill. In response to Roz McCall’s request, I see no issue with that happening through the affirmative procedure.Amendment 86, too, is a technical amendment, to allow for maximised accessibility of section 29 following commencement. It is required for the same reasons as amendments 5 and 6. I hope that members can support all those amendments.I am concerned that Roz McCall’s amendment 88 would be detrimental to the delivery of aftercare for young people leaving care between the ages of 16 and under 19, as it would place a duty on local authorities to provide aftercare for care leavers who do not need or want it. We have consulted extensively with young people and young adults about aftercare provision. At every stage, they have emphasised the importance of their voices being heard and respected in decisions that affect them individually and in the policy decisions that are made nationally. Creating additional provision for aftercare in the bill is not the best route to ensuring that throughcare and aftercare teams are able to support those whose welfare requires it. The best way to provide that clarity would be through strengthened guidance. The Government is already working with stakeholders on that.I hope that that reassures Roz McCall, and that she will not press amendment 88. If it is pressed, I would ask members not to support it.09:45Martin Whitfield’s amendments 127 and 128 would also have the potential to negatively impact the delivery of aftercare for children and young people between the ages of 16 and under 19 who left care prior to their 16th birthday. Aftercare is, by design, an approach that recognises the importance of relationships and puts the needs and wellbeing of the young person at the very centre of the support that they receive. Section 1 seeks to promote a rights-respecting approach, including for young people who choose not to approach local services on turning 16 or who choose to make an approach at a later time.I absolutely recognise the importance of ensuring that information about aftercare is clear, with good signposting to ensure that young people know their entitlements. There is a place for advocacy in there as well. As I outlined above, work is under way to expand and strengthen the guidance on aftercare, including to support the changes that we are making through the bill.
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...