For the purposes of subsection (5)(a), a person has “eligible needs” if the person needs care, attention or support of such type as the Scottish Ministers may by regulations specify.

A local authority may (but is not required to) continue to provide advice, guidance and assistance to a person in pursuance of subsection (5) after the person reaches the age of 26.

A person is not to be provided with advice, guidance and assistance under subsection (1) or (5) (including by virtue of subsection (8)) in respect of any time when the person is being provided with continuing care under section 26A of the Children (Scotland) Act 1995.

The Scottish Ministers may by regulations amend this section to provide that specified descriptions of person who, for the time being, fall within any of subsections (2), (3) or (5) are instead to fall within another of those subsections.

The Scottish Ministers may by regulations modify subsection (3)(a) to substitute, for the date for the time being specified there (however expressed), an earlier date.

In subsection (10), “specified” means specified in the regulations made under that subsection.

The Scottish Ministers may by regulations make provision as to assessments for the purposes of subsection (1).

Subject to any contrary provision in regulations made under subsection (2), aftercare assistance may include assistance in kind or in cash.

The Scottish Ministers may by regulations specify, either generally or in relation to a category or description of persons falling within section 1(2), (3) or (6), the manner in which aftercare assistance is to be provided.

In this section, “aftercare assistance” means assistance provided under section 1(1), (5)(a) or (b) or (8).

Each local authority must establish a procedure for considering representations (including complaints) made to them by any person falling within section 1(2), (3) or (6) about the discharge of the local authority’s functions under sections 1 to 3.

The Scottish Ministers may by regulations make provision as to procedures established under subsection (1).

Subsection (4) applies where a local authority becomes aware that a person to whom the local authority is providing advice, guidance or assistance under section 1 has died.

The responsible local authority in relation to a person may, after the person reaches the age of 26, continue to make grants or contributions of the types mentioned in subsection (1) if the authority is satisfied that it is appropriate to do so for the purposes of education, training, employment or employment-seeking in relation to which such grants or contributions were being made before the person’s 26th birthday.

Where it appears to a local authority that another public body (including in particular another local authority) could, by taking any specified action, help in the exercise of any of the local authority’s functions under sections 1 to 5 the local authority may request the help of that body, specifying the action in question.

A public body whose help is so requested must comply with the request if it is consistent with the exercise of its functions.

The Social Work (Scotland) Act 1968 is amended by subsection (2).

In section 4 (provisions relating to performance of functions by local authorities), after “2016” insert “or sections 1, 2, 3, 4 and 5 of the Children (Care, Care Experience and Services Planning) (Scotland) Act 2026”.

The Children (Scotland) Act 1995 is amended by subsections (4) and (5).

In section 17A(2) (detained children to be treated as looked after children), the words “, 29, 30” are repealed.

Sections 29 (after-care) and 30 (financial assistance towards expenses of education and training) are repealed.

The Regulation of Care (Scotland) Act 2001 is amended by subsections (7) and (8).

Section 73 (amendment of Children (Scotland) Act 1995: after-care) is repealed.

In section 78 (orders and regulations), in subsection (2), for “, 56(1)(a) or 73(2)(b)” substitute “or 56(1)(a)”.

The Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003 (S.S.I. 2003/608) are, to the extent that they were made in exercise of powers conferred by section 73(2)(a), (c) and (d) and (3) of the Regulation of Care (Scotland) Act 2001, to be treated as if they were made in exercise of the powers conferred by sections 2(2), 3(2) and 4(2).

The Scottish Ministers must by regulations confer rights of access to independent care experience advocacy services.

It is the duty of the Scottish Ministers to ensure that care experience advocacy services are available to the extent necessary for a right conferred by virtue of subsection (1) to be exercised by each person who has the right.

Regulations under subsection (1) must include provision as to how care-experienced persons are to be made aware of the existence of their rights of access to care experience advocacy services.

The Scottish Ministers must, in complying with subsections (3) and (4), have regard to the desirability of a person who has a right of access to care experience advocacy services in or in relation to a particular circumstance being able to be exercise the right at the earliest appropriate opportunity in relation to that circumstance.

Regulations under subsection (1) must make provision to ensure that the rights of access to care experience advocacy services are conferred on an opt-in basis.

For the avoidance of doubt, the existence of a right of access to care experience advocacy services in or relation to a particular circumstance does not by itself prevent a care-experienced person who has the right being, in or in relation to the circumstance, assisted for the purpose mentioned in subsection (2) by a person other than a provider of care experience advocacy services.

In subsection (10), “specified” means specified in regulations made by the Scottish Ministers.

For the purposes of this section, care experience advocacy services provided by a person under a contract or other arrangement with a local authority or health board are not to be regarded as provided by the local authority or, as the case may be, health board.

A public authority must take such steps as it considers appropriate to make persons in relation to whom the authority exercises functions aware of regulations made under subsection (1).

But a public authority exercising functions which relate to a particular description of care-experienced person specified in an enactment need comply with subsections (3) and (4) only to the extent that the public authority considers doing so is consistent with the proper exercise of those functions.

The Scottish Ministers must take such steps as they consider appropriate to publicise the regulations.

Regulations made under section 10(1) may make different provision in relation to different persons or for different purposes.

The Scottish Ministers must, no later than 2 years after this section comes into force, undertake a review of the impact of delays to decisions relating to the permanent home of children, including the impact on young children and infants.

The Scottish Ministers must prepare and publish a report on the review as soon as reasonably practicable after completing the review.

Subsection (3) applies in relation to a person who was, while a child, detained in secure accommodation by virtue of section 51(1)(a), 205(2), 208(1) or, as the case may be, 216(7) of the Criminal Procedure (Scotland) Act 1995.

The person is to be regarded for the purposes of this Chapter as having been looked after, during the person’s detention, by the relevant local authority in relation to the child.

In subsection (3), the “relevant local authority” in relation to the child has the same meaning as in section 201 of the Children’s Hearings (Scotland) Act 2011.

The Children and Young People (Scotland) Act 2014 is amended as follows.

After section 69, insert—

In section 99 (subordinate legislation), after “section 68(3)(b)” insert—

section 69A(5)

The Children and Young People (Scotland) Act 2014 is amended by subsections (2) and (3).

After section 69A, insert—

In section 70 (interpretation of Part 12), for “The following expressions have the same meaning in this Part as they have in Part 1 of the 1995 Act—” substitute In this Part—(a)

“family group decision-making service” has the meaning given in section 69A(4) and “family group decision-making” is to be construed accordingly,

The Children and Young People (Scotland) Act 2014 (Relevant Services in relation to Children at Risk of Becoming Looked After etc.) Order 2016 (S.S.I. 2016/44) is amended by subsections (5) and (6).

In article 2, in paragraph (2)(a), for the words from “means” to “the child” substitute “has the same meaning as in Part 12 of the Act;”.

The Children and Young People (Scotland) Act 2014 is amended as follows.

After section 69B, insert—

The Children and Young People (Scotland) Act 2014 is amended by subsections (2) and (3).

After section 71, insert—

In section 73(3), after paragraph (c) insert—(ca)

when or how a local authority is to assess a person’s kinship care assistance needs,

The Social Work (Scotland) Act 1968 is amended by subsection (5).

In section 4 (provisions relating to performance of functions by local authorities), after “Children’s Hearings (Scotland) Act 2011 (asp 1)” insert “or section 71A of the Children and Young Persons (Scotland) Act 2014”.

The Children and Young People (Scotland) Act 2014 is amended as follows.

After section 73, insert—

The Children and Young People (Scotland) Act 2014 is amended as follows.

After section 73A, insert—

The Children (Scotland) Act 1995 is amended as follows.

In section 25 (provision of accommodation for children, etc.), in subsection (1), after paragraph (c) insert—(d)

he is at least sixteen years of age and—

The Children (Scotland) Act 1995 is amended as follows.

The Children (Scotland) Act 1995 is amended as follows.

The Children (Scotland) Act 1995 is amended as follows.

In section 26A (provision of continuing care: looked after children), after subsection (3) insert—(3A)

A local authority may (but is not required to) continue to provide continuing care to a person who ceases to be an eligible person until they attain the age of 26, if it is satisfied that doing so will promote or safeguard the person’s welfare.

The Children (Scotland) Act 1995 is amended as follows.

In section 26A (provision of continuing care: looked after children), after subsection (7) insert—(7A)

For the purposes of subsection (7)(a) above, the duty to provide continuing care only ceases until such time (if any) as the person requests to return to the accommodation.

The Children and Young People (Scotland) Act 2014 is amended as follows.

In section 59 (planning by corporate parents), after subsection (1), insert—(1A)

A plan or revised plan must include information on how the corporate parent proposes to exercise its corporate parenting responsibilities in a way that delivers the recommendations set out in the report published on 5 February 2020 on behalf of the Independent Care Review established by the Scottish Ministers in October 2016 (“the Promise”).

In section 99(2) (powers subject to affirmative procedure), the words “section 57(2)(b)” are repealed.

The Children and Young People (Scotland) Act 2014 is amended as follows.

In section 57 (children and young people to whom Part 9 applies), in subsection (1), for “Part” substitute “section”.

In section 58 (corporate parenting responsibilities), in subsection (1)(a), for “this Part” substitute “section 57”.

In section 60 (collaborative working among corporate parents), in subsection (1), for “this Part” substitute “section 57”.

The Public Services Reform (Scotland) Act 2010 is amended as follows.

After section 78G, insert—Regulations under section 78: profit limitation in children’s residential care services

In section 104 (orders and regulations: procedure), in subsection (2), after “78,” insert “78H(13),”.

In section 105(1) (interpretation of Part 5), in paragraph (c) of the definition of “child”, for “and 78(2A) and (2B)” substitute “, 78(2A) and (2B), 78H(3) and 78I(2)”.

The Public Services Reform (Scotland) Act 2010 is amended as follows.

In section 59 (registration of care services), for subsection (3) substitute—(3)

A person who provides—

In section 104 (orders and regulations: procedure), in subsection (2), after “82B(1)” insert “, 105(4)”.

The Public Services Reform (Scotland) Act 2010 is amended as follows.

In section 105(1) (interpretation of Part 5), in the definition of “cross-border placement”, for “a residential establishment” substitute “residential accommodation”.

The register may also include such information as is specified about persons who have been considered by a fostering service for approval as a foster carer but not so approved.

The information mentioned in subsections (2) and (3) is to be provided to the relevant person by the fostering service which approved or, as the case may be, did not approve the person to whom the information relates as a foster carer.

In this section, “specified” means specified in regulations made by the Scottish Ministers.

The register of foster carers is not to be open to public inspection or search.

It is an offence to disclose any information derived from the register other than in accordance with regulations made under subsection (2).

Subsection (4) does not apply to a disclosure of information by or with the authority of the Scottish Ministers.

The Scottish Ministers must publish arrangements under section 30(1) in so far as they authorise an organisation as mentioned in subsection (1)(a).

An organisation authorised in pursuance of subsection (1) must perform functions delegated to it in accordance with any directions (general or specific) given to it by the Scottish Ministers.

The Scottish Ministers may, by regulations, provide for the carrying out of a pilot scheme in relation to the register of foster carers.

The Adoption and Children (Scotland) Act 2007 is amended as follows.

The section title of section 110 becomes “Allowances and other payments for care of certain children: regulations”.

The italic heading immediately before section 110 becomes “Care allowances and other payments: regulations”.

The Adoption and Children (Scotland) Act 2007 is amended by subsections (2) and (3).

In section 110 (allowances for care of certain children: regulations), after subsection (3) insert—(3A)

Sections 86A and 86B of the Social Security (Scotland) Act 2018 apply as if a rate of payment specified in regulations made under subsection (1)(a) was a relevant figure for the purposes of those sections.

In section 117 (orders and regulations), in subsection (5), paragraph (a), after sub-paragraph (iii) insert—(iv)

section 110(1)(a) which make provision of a kind mentioned in subsection (3)(c) of that section,

The Children and Young People (Scotland) Act 2014 is as amended by subsections (5) and (6).

The regulations are regulations made under section 71(2) that specify a rate of payment to be made to kinship carers.

In section 99 (subordinate legislation), in subsection (2), after “section 68(3)(b)” insert—

section 71(2), where provision of a kind mentioned in section 73(2B) is made

The Scottish Ministers must issue guidance to managers of relevant care services about the use of restraint and seclusion in relevant care services.

The Scottish Ministers must keep the guidance under review and may issue revised guidance from to time to time.

Guidance under this section may make different provision for different purposes, including different provision for different relevant care services.

For the purposes of subsection (5), it is immaterial that anything done by way of consultation in relation to the first guidance issued under this section was done before this section comes into force.

A manager of a relevant care service must have regard to guidance and revised guidance issued under this section.

Guidance and revised guidance issued under this section must be published in such manner as the Scottish Ministers consider appropriate.

A person mentioned in subsection (5) must comply with any written direction issued by the Scottish Ministers requiring the person to provide such information as is specified by Ministers in the direction (being information which they consider that they require in connection with the production of a report under subsection (1)).

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

After section 5, insert—

The section title of section 6 becomes “Selection of members of children’s hearing: three member hearing”.

After section 6, insert—

Before section 90, insert—

The grounds hearing must require the Principal Reporter to arrange a children’s hearing for the purpose of deciding whether a compulsory supervision order should be made in respect of the child.

Subsections (2) and (3) apply where the grounds hearing consists of three members of the Children’s Panel.

In section 93 (grounds not accepted: application to sheriff or discharge), in subsection (1)(a), for “to make a decision on whether to make a compulsory supervision order” substitute “for a decision on whether to make a compulsory supervision order to be made”.

In section 96 (children’s hearing to consider need for further interim compulsory supervision order), after subsection (2) insert—(2A)

The children’s hearing may consist of—

In section 119 (children’s hearing following deferral or proceedings under Part 10), in subsection (1), for “section 91(2),” substitute “section 91(1B) or (2),”.

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

The section title of section 73 becomes “Child’s duty to attend children’s hearing where required”.

In section 78 (rights of certain persons to attend children’s hearing), in subsection (1)(a), for “excused from attending” substitute “required to attend”.

In section 93 (grounds not accepted: application to sheriff or discharge) in subsection (4), for paragraphs (a) and (b) substitute—(a)

explain the purpose of the application—

In section 95 (child fails to attend grounds hearing) for subsection (1) substitute—(1)

Subsection (2) applies where—

The section title of section 95 becomes “Child’s attendance at grounds hearing”.

The section title of section 103 becomes “Child’s duty to attend hearing where required”.

The section title of section 112 becomes “Child’s duty to attend review hearing where required”.

In section 119 (children’s hearing following deferral or proceedings under Part 10), in subsection (4), paragraph (a) is repealed.

In section 124 (requirement to establish child’s age), in subsection (2), for “ask the person in respect of whom the hearing has been arranged” substitute “, if the person in respect of whom the hearing has been arranged is in attendance at the hearing, ask the person”.

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

Immediately before section 68 insert the italic heading “Action following determination under section 66”.

The section title of section 69 becomes “Determination under section 66: statement of grounds”.

After section 69, insert—

Report by Principal Reporter

Immediately before section 70 insert the italic heading “Referral to children’s hearing other than following determination under section 66”.

After section 71, insert—Application to sheriff: referral to children’s hearing for making of interim order

Section 72 (child in place of safety: Principal Reporter’s powers) is repealed (but see section 69F as inserted by subsection (5)).

In section 86 (meaning of “interim compulsory supervision order”), in subsection (3)(b), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

Section 89 (statement of grounds) (and the italic heading immediately before it) are repealed (but see section 69 as amended by subsection (3)).

For section 90 (grounds to be put to child and relevant person) substitute—

In section 91 (grounds accepted: powers of grounds hearing), for subsection (4) substitute—(4)

In subsection (1), “accepted” means—

After section 94, insert—

In section 95 (child fails to attend grounds hearing), in subsection (3), after “under” insert “section 89B(5) or 89C(8)(a) or”.

After section 95, insert—Children’s hearing to consider need for interim order

In section 96 (children’s hearing to consider need for further interim compulsory supervision order), in subsection (1), for “a grounds hearing” substitute “or section 95A(3) a children’s hearing”.

In section 100 (sheriff’s power to make interim compulsory supervision order), in subsection (1), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

In section 101 (hearing of application) for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

In section 103 (child’s duty to attend hearing unless excused), in subsection (1), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

In section 104 (child and relevant person: representation at hearing), in subsection (1), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

In section 107 (withdrawal of application: termination of orders etc. by Principal Reporter), in subsection (1)(a), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

In section 140 (interim variation of compulsory supervision order), in subsection (4)(b), for “section 93(2)(a) or 94(2)(a)” substitute “section 69D(2), 69E(2), 93(2)(a), 94(2)(a) or 94A(2)”.

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

In section 79 (referral of certain matters for pre-hearing determination), in subsection (3), after paragraph (b) insert—(ba)

whether a person should be excluded from all or part of a children’s hearing as mentioned in section 76(2)(a) or (b) or 77(2)(a) or (b),

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

In section 79 (referral of certain matters for pre-hearing determination), in subsection (2), after paragraph (ba) insert—(baa)

must refer for determination by a pre-hearing panel the matter of whether a request made by a relevant person in relation to a child for the Principal Reporter to initiate a review of a compulsory supervision order under section 132(3ZA) is frivolous or vexatious,

After section 81A, insert—

A determination mentioned in subsection (3ZB)(b) may be revoked by any subsequent children’s hearing (including a pre-hearing panel) which takes place in relation to the child.

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

After section 128, insert—Application for relevant person to cease to be such a person

After section 164, insert—

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

In section 101 (hearing of application), for subsection (2) substitute—(2)

The application must—

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

After section 181, insert—

The italic heading immediately before section 181 becomes “Annual reports”.

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

In section 60 (local authority’s duty to provide information to Principal Reporter), in subsection (2)(b), for “might be” substitute “is likely to be”.

In section 61 (constable’s duty to provide information to Principal Reporter), in subsection (1)(b), for “might be” substitute “is likely to be”.

In section 64 (provision of information by other persons), in subsection (1)(b), for “might be” substitute “is likely to be”.

In section 66 (investigation and determination by Principal Reporter), in subsection (1)(b), for “that a child might be” substitute “likely that a child is”.

In each of the provisions listed in subsection (7), after “protection,” insert “support,”.

The provisions are—

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

In section 60 (local authority’s duty to provide information to Principal Reporter), after subsection (3) insert—(4)

Where the local authority informs a child that the local authority has given the Principal Reporter information about the child under subsection (3), the local authority must also provide the child with information about—

In section 61 (constable’s duty to provide information to Principal Reporter), after subsection (3) insert—(4)

Subsection (5) applies where—

In section 64 (provision of information by other person), after subsection (2) insert—(3)

Where a health board informs a child that the health board has given the Principal Reporter information about the child under subsection (2), the health board must also provide the child with information about—

In section 66 (investigation and determination by Principal Reporter), after subsection (6) insert—(7)

Where the Principal Reporter informs a child that the Principal Reporter is required by section 66(2) to make a determination in relation to the child, the Principal Reporter must also provide the child with information about—

In section 122 (children’s advocacy services), in subsection (2), for “inform the child of the availability of children’s advocacy services” substitute “offer the child an opportunity to be referred to children’s advocacy services, if such a referral is not already in place”.

In section 202(1) (interpretation), at the appropriate place in alphabetical order, insert—

“children’s advocacy services” has the meaning given by section 122(7).

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

The Children’s Hearing (Scotland) Act 2011 is amended as follows.

After section 122, insert—

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

After section 133, insert—

The Children’s Hearings (Scotland) Act 2011 is amended as follows.

In section 60 (local authority’s duty to provide information to Principal Reporter), after subsection (4) insert—(5)

Where subsection (2) applies the local authority must also provide the Principal Reporter with information on—

In subsection (5), “family group decision-making service” has the same meaning as in Part 12 of the Children and Young People (Scotland) Act 2014.

The Legal Aid (Scotland) Act 1986 is amended as follows.

In section 28B (children’s legal aid), in subsection (3), after paragraph (d) insert—(da)

proceedings before a children’s hearing or a pre-hearing panel if—