The Scottish Independent Care Review: The Rules

The Independent Care Review

One of several reports produced as part of the Scottish Independent Care Review, this report demonstrates the current legislative framework of the Scottish care system and how it must change to achieve The Promise. The Review found that the 'rules' governing children's care in Scotland are complex and often contradictory, straddling:

  • The Universal Declaration of Human Rights and the Convention on the Rights of the Child (UNCRC) which Scotland has committed to incorporating
  • Children (Scotland) Act 1995
  • The Human Rights Act 1998
  • Adoption and Children (Scotland) Act 2007
  • The Guidance on Looked After Children (Scotland) Regulations 2009
  • Looked After Children (Scotland) Regulations 2009
  • Children’s Hearings (Scotland) Act 2011
  • Children and Young People (Scotland) Act 2014

This report calls for a new set of Rules - with the UNCRC as the bedrock upon which all future legislation is based - that work for children, young people and their families across all Five Foundations of The Promise and reflect their lives, not the systems priorities. This set of Rules will make sure the Five Foundations as laid out in The Promise are fulfilled. The timing of The Rules will be considered in The Plan so that all aspects of the Care Review’s destination are synchronised.