Hansard

My amendments in group 1 all relate to the provision of aftercare and are needed to deliver quality care for young people in a transparent, organised and rights-respecting way. I listened carefully to the points raised during the stage 2 debate and have lodged amendments that I hope give assurance about our initial intention that all eligible young people who want aftercare can receive aftercare.

Amendments 91, 6, 7, 8 and 93 will ensure that the restated section 29 of the Children (Scotland) Act 1995 in relation to aftercare is as coherent as possible as a free-standing provision in the bill. The amendments provide for the expansion of aftercare to formerly looked-after children who ceased to be looked after before the age of 16 and will ensure that aftercare support is provided in an equitable way to all young people aged 16 to 18 who left care before or after their 16th birthday.

Amendment 6 makes it clear that all eligible persons must be assessed according to their needs. Aftercare support must be provided to 16 to 18-year-olds unless their welfare does not require it, and to all 19 to 25-year-olds who have eligible needs.

Amendment 93 ensures that a local authority can seek the help of another public body, including another local authority, to support its efforts to deliver aftercare and financial assistance towards expenses of education or training for eligible individuals. The phased roll-out of the provisions that are enabled by amendment 91 will support the workforce in delivering aftercare to a wider group of young people in a considered manner, giving them the time needed to adjust to increased numbers of children and young people requesting and receiving aftercare support. That will protect the quality of the support that is available.

Amendment 9 makes amendments to primary legislation that are consequential on amendments 91, 6, 7 and 8. Amendments 13 and 14 remove sections 1A and 1B of the bill to enable my amendments 91, 6, 7, 8 and 93.

Although section 2 of the bill as introduced sought to extend section 29(7) of the 1995 act to care leavers from Northern Ireland, we now understand that no legislative reciprocity currently exists in relation to care leavers who have moved elsewhere in the United Kingdom. That means that it would not be desirable to have a legislative duty on Scottish local authorities to provide aftercare to care leavers from England and Wales.

Amendment 91 no longer includes the amendment made by section 2 of the bill as introduced in relation to extending the aftercare provisions to care leavers from Northern Ireland. Amendment 15 therefore removes section 2 of the bill.

Amendments 33, 209 and 88 create relevant definitions in the new provisions and clearly articulate the procedures that apply to the various regulation-making powers.

I support Roz McCall’s amendment 92, which allows local authorities to continue to provide financial support to young people who have been looked after at some point who are aged between 16 and 25 years, and to those beyond the age of 26 on the basis of their individual need.

Martin Whitfield’s amendments 96 and 97 are similar to his amendments 127 and 128 at stage 2, which helped to inform the approach to my amendments 91, 6, 7 and 8. We all want to ensure that aftercare provision puts the needs and wellbeing of each individual young person at the centre of the support that they receive.

My amendments 91, 6, 7 and 8 continue to promote a rights-respecting approach, including for young people who choose not to approach local services upon turning 16 or who choose to do so at a later time. That is missing from amendments 96 and 97. Also absent are provisions that hold to the principle of minimal intervention and that protect vital resources. Under the approach that is taken in Mr Whitfield’s amendments, resource for those who need it most would be used in identifying and approaching young people who do not wish to engage with the service. That is neither proportionate nor desirable.

It is important to stress that all the amendments that I have lodged in relation to the stand-alone aftercare provision have been carefully drafted to bring clarity for children, their representatives and local authorities, in so far as that is possible, while also working together with the connected provisions that remain in the 1995 act.

I hope that Mr Whitfield is assured that my amendments give effect to what he also wants to achieve while mitigating against some of the unintended consequences that his own amendments, as drafted, present. I ask that he support the Government amendments 91, 6 to 8 and 93 and not move amendments 96 and 97.

In summary, I encourage members to support my amendments 91, 6 to 8, 93, 9, 13 to 15, 33, 209 and 88 and to vote against amendments 96 and 97 if they are moved. I also ask members to support Roz McCall’s amendment 92.

I move amendment 91.