New Scottish Law Enhances Protections for Children in Care

23 July 2026

At Thompson Family Law, we are committed to keeping you informed about significant developments in Scottish family law. A recent milestone is the enactment of the Children (Care, Care Experience and Services Planning) Act 2026, which received Royal Assent on 19 May 2026. This legislation marks a substantial advancement in the protection and support of children and young people within Scotland's care system.

The Act implements key recommendations from the Independent Care Review, aiming to enhance the Children's Hearings System—a unique Scottish framework designed to address the needs of children requiring care or protection. Notable changes introduced by the Act include:

• Remuneration for Panel Chairs: Recognizing the vital role of panel chairs in the Children's Hearings System, the Act provides for their compensation, ensuring that these positions attract and retain individuals committed to children's welfare.
• Continuity of Hearing Chairs: To provide consistency and stability for children, the Act promotes the same chairperson presiding over multiple hearings concerning a child, fostering a more personalized and understanding approach.
• New Grounds Process: The legislation introduces a revised process for establishing the grounds upon which a child may require compulsory measures of supervision, aiming for greater clarity and efficiency in decision-making.
• Statutory Meeting with the Reporter: A mandatory meeting between the child and the Children's Reporter is established, ensuring that the child's voice is heard and considered in the proceedings.
• Flexibility in Interim Orders: The Act allows for more adaptable durations of interim orders, enabling responses that are better tailored to the individual circumstances of each child.
• Timelines for Court Proceedings: To reduce delays, the legislation sets specific timescales for sheriff court proceedings related to the statement of grounds, facilitating more timely resolutions.

Alistair Hogg, Head of Practice and Policy at the Scottish Children's Reporter Administration (SCRA), welcomed the Act, stating that it "enhances protections and support for children and young people across Scotland" and is a "significant step towards Keeping The Promise to children and young people, whilst reinforcing the principles of the Children's Hearings System." Source

For families navigating the complexities of the care system, this legislation offers strengthened safeguards and a more responsive framework. At Thompson Family Law, we understand the challenges involved and are here to provide compassionate, expert guidance to ensure the best outcomes for you and your loved ones.