Children (Care, Care Experience and Services Planning) (Scotland) Bill: equality impact assessment

The Scope of the EQIA

A variety of sources have been used to help understand the likely impact of the proposed policies upon each of the 9 protected characteristics and to refine those policies accordingly. In addition to ongoing engagement with a wide range of stakeholders, the sources that informed the EQIA includes:

• ‘Moving on’ from care into adulthood consultation^[4]: This invited views on a wide range of issues impacting young people as they transition from care, including a question on whether there should be a change in the eligibility criteria for Aftercare. A formal 12-week public consultation was undertaken from 11 July 2024 to 3 October 2024, and 69 responses were received from a wide range of stakeholders from public, private and third sector organisations and individuals. Non-confidential consultation responses were published on 6 January 2025 on the Scottish Government Citizens Space website . The Scottish Government commissioned the independent consultancy organisation The Lines Between to undertake a formal analysis of consultation responses, and this report was published on 6 January 2025.
• ‘Developing a Universal Definition of “Care Experience^[5]”: The consultation included two sections. The first section asked for views on the need for a universal definition of care experience, the potential scope of a definition and who this could include, and what the potential impacts of a universal definition could be. The second sought views on the wider language of care, and how to build on existing local good practice to set a national direction for language that is used relating to care.
• At the point of concluding, the Care Review has listened to over 5,500 experiences. Over half of the voices were children and young people with experience of the ‘care system’, adults who had lived in care, and lots of different types of families. The remaining voices came from the paid and unpaid workforce^[6].
• The Future of Foster Care Consultation^[7]: This included specific questions on whether further regulation was required to strengthen the not-for-profit principle and whether IFAs should be required to have charitable status and on whether a national register for foster carers would be desirable. In total, 99 responses were received – 55 from individuals and 44 from organisations, with the majority of organisational responses submitted by local authorities and health and social care partnerships. Other responses came from advocacy organisations, Independent Foster Agencies (IFAs) and representative bodies. A significant number of responses also reflect lived experience of foster care, either directly or through organisational representation. 89 respondents have consented for their responses to be published on the Scottish Government’s Citizen Space platform.
• ‘Children’s Hearings Redesign – legislative proposals’^[8]: The consultation comprised a detailed paper seeking views on potential legislative changes to the children’s hearings system. A series of public engagement events also took place online and in person, reaching over 500 people. Engagement sessions with children and young people were held by a number of organisations, and a composite set of young people’s responses was provided directly to Ministers. There were 105 responses to the consultation, many of which presented detailed views on the complex issues being considered. A comprehensive, independent analysis of the responses was undertaken by the Children and Young People’s Centre for Justice at the University of Strathclyde and published in February 2025.
• National evidence, best practice, guidance and standards on the various areas covered by the Bill and in respect of children's rights.
• Engagement carried out by individual policy teams with children, young people and care experienced adults.
• Evidence of the needs of children who are particularly likely to be affected by the Bill provisions and their experiences of system involvement.

In developing this Bill, the Scottish Government is mindful of the 3 needs of the Public Sector Equality Duty – to eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity between people who share a protected characteristic and those who do not; and foster good relations between such people. Where any negative impacts have been identified, we have sought to mitigate/minimise these, whilst being mindful that we also have a positive duty to promote equality.

In considering all 9 protected characteristics, the Scottish Government note that the protected characteristics listed along with other considerations are not independent of each other and some people may have to deal with complex and interconnected issues related to disadvantage at any one time. We recognise the established vulnerability, disadvantage and multiple adversity often experienced by those people particularly affected by the Bill.

All 9 protected characteristics have been assessed during this process, however the characteristics where there has been most impact identified are:

• Age
• Disability
• Sex