Children (Care, Care Experience and Services Planning) (Scotland) Bill: fairer Scotland duty statement

Evidence and Actions

What does the evidence suggest about existing inequalities of outcome, caused by socio-economic disadvantage, in this specific policy area?

Of the looked after^[1] children and young people in 2024/2025, whose home postcode was known (73% of all looked after children), over half (54%) come from one of the 20% most deprived areas in Scotland. This is followed by just under a quarter (24%) from the 20-40% most deprived areas. 3% of looked after children were from one of the 20% least deprived areas in Scotland.

The difference between the proportion of looked after children in the most deprived areas compared to the least deprived areas is more pronounced among children in placements within the community than among those in residential accommodation. Among children placed within the community, 55% come from one of the 20% most deprived areas in Scotland, while only 3% come from the one of the 20% least deprived areas. This is compared to those placed in residential accommodation, of whom 43% come from one of the 20% most deprived areas and 6% come from the 20% least deprived areas.

Poverty is one of many factors that can be a driver for instances of needing care or for a child to become looked after. The Independent Care Review noted that there is significant evidence that social and economic inequalities, particularly poverty and debt, increase the stressors in families and communities.

What is also clear is that there is a correlation between being looked after and standards of educational attainment and positive destinations following school education.

In 2022/2023, an estimated 1,054 children who left school had been looked after at some point between August 2022 and July 2023. They represent 1.9% of all 54,743 school leavers in 2022/23. They are included in the larger group of 1,518 school leavers who had been looked after at any point since turning 12, and the 2,131 leavers who had been looked after at any point since turning 5.

Attainment for school leavers who were looked after within the year has increased since 2009/10 at all levels, but dropped slightly 2022/2023. This includes a threefold increase in looked after leavers achieving at least one qualification at SCQF level 5 or better, from 13.2% in 2009/10 to 42.3% in 2022/23 (down from 46.1% in 2021/22).

Since 2009-10, the proportion of leavers looked after within the year who were in a positive destination after leaving school has increased. The proportion in a positive initial destination increased from 58.1% to 86.4%, while the proportion in a positive follow-up destination increased from 42.0% to 71.1%. However, in 2022/23, looked after leavers continue to be less likely to be in a positive initial or follow-up destination than all school leavers (95.9% and 92.8% respectively).

In 2022/23, the gap between the proportion of leavers looked after within the year in a positive follow-up destination compared to all school leavers was 21.8 percentage points. This is down considerably since 2009/10 (44.0 percentage points) and slightly smaller compared to 2021/22 (23.8 percentage points).

The information above shows that while the gap in attainment and positive destinations post-school education is narrowing, there is still a significant gap in equality of outcomes for children and young people who have been looked after.

In relation to the Bill provisions on Aftercare, the Bill will expand eligibility for Aftercare to a wider group of care experienced children and young people by introducing a right for those who were ‘looked after’ but who left care before their 16^th birthday to apply for Aftercare from their 16^th birthday up to their 26^th birthday, subject to an assessment of their needs. By widening eligibility for Aftercare, we will frontload support for those who require it at a time when it is most needed. By upstreaming support, it will improve outcomes for young people with care experience who may require support from social work services and their partners to enable a positive transition into adulthood and to help them thrive. This is expected to have a positive impact.

In relation to the provisions on advocacy, the Promise states that “care experienced children and adults must have the right and access to independent advocacy, at all stages of their experience of care and beyond.” There is already a complex advocacy landscape in Scotland, but in order to ensure that lifelong independent advocacy is available to those with care experience when they need it, the Bill places a duty on Scottish Ministers to make provision for advocacy support for people with care experience. Advocacy will help to ensure that people who have experienced care can receive the support they need, when they need it, reducing the inequalities currently faced.

The Promise sets out that language is important in normalising care experience. It can address stigmatising assumptions, attitudes and behaviours that can impact on all areas of a child or young person’s life, now and into the future. There are also a range of existing supports and entitlements available specifically to those with care experience, however eligibility for existing supports is not currently connected by a universal definition. To build on existing local good practice, the Bill places a requirement on Scottish Ministers to publish guidance in relation to ‘care experience’. The guidance will raise awareness and understanding of care and care experience and set a national and consistent direction for the language used in and around the care system.

What gaps are there in key evidence? Is it possible to collect new evidence quickly in other areas? For example, through consultation meetings, focus groups or surveys?

In considering the evidence above, there are a number of gaps that make accurate assessment of impact for people who have experienced care difficult at this time. The main gap is in the difference of definition between looked after and care experienced. Under the Children (Scotland) Act 1995, 'looked after children' are defined as those in the care of their local authority. The local authority responsible for the child will also have corporate parenting responsibilities in respect of the child under Part 9 of the Children and Young People (Scotland) Act 2014.. Those who are care experienced often fall outwith statutory definition of looked after, so the true numbers of care experience children, young people and adults is difficult to ascertain.

Evidence has been gathered through engagement with the care experienced community on the impact of having experience of care, however this has not been subject to statistical analysis.

How could you involve communities of interest (including those with lived experience of poverty and disadvantage) in this process? The voices of people and communities are likely to be important for identifying potential improvements to the programme/policy/decision.

There are a number of provisions in the Bill where guidance or implementation will be shaped by ongoing engagement with care experienced people, families and organisations who work with and support them. There are a number of engagements planned for immediately following introduction and continuously throughout the Bills passage through Parliament.

Together with these key groups, Scottish Government will continue to identify gaps in evidence and collect new evidence to ensure that the model developed is fit for purpose and cognisant of any inequalities of outcomes.