Children (Care, Care Experience and Services Planning) (Scotland) Act 2026

Prospective

8 Advocacy services for care-experienced persons S

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

(2) “Care experience advocacy services” are services of support and representation provided for the purpose of assisting a care-experienced person—

(a) to access services through which the person may be provided with care or assistance,

(b) to make the person’s views in relation to matters connected with the provision of care or assistance to the person known to persons making decisions in relation to such matters.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) Regulations under subsection (1) may—

(a) specify—

(i) circumstances in or in relation to which,

(ii) particular descriptions of care-experienced persons by whom,

a right conferred by virtue of subsection (1) is (or is not) to be exercisable,

(b) modify subsection (2) by adding, varying or removing purposes for which services of support and representation may be provided,

(c) make further provision in relation to care experience advocacy services.

(8) Provision made by virtue of subsection (7)(c) may, in particular, include provision—

(a) specifying—

(i) standards that care experience advocacy services are to meet,

(ii) qualifications to be held by, and training of, persons providing care experience advocacy services,

(b) as to the establishment and maintenance, for purposes specified in the regulations, of a register of persons who provide care experience advocacy services.

(9) 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.

(10) The following persons are care-experienced for the purposes of this section or section 9—

(a) a child who is or has at any time been—

(i) looked after,

(ii) subject to a kinship care order,

(iii) cared for or otherwise supported in such circumstances as may be specified,

(b) a person who was at any time when the person was a child—

(i) looked after,

(ii) subject to a kinship care order,

(iii) cared for or otherwise supported in such circumstances as may be specified.

(11) Before making regulations under this section or section 9, the Scottish Ministers must consult—

(a) care-experienced persons,

(b) persons who may become care-experienced persons by virtue of the regulations to which the consultation relates,

(c) such—

(i) persons who represent the interests of care-experienced persons or persons mentioned in paragraph (b), and

(ii) other persons,

as the Scottish Ministers consider appropriate.

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

Commencement Information

I1 S. 8 not in force at Royal Assent, see s. 70(2)