23 August 2026
At Thompson Family Law, we are committed to keeping our clients informed about significant legal developments that impact families across Scotland. A recent and noteworthy advancement is the enactment of the Children (Care, Care Experience and Services Planning) (Scotland) Act 2026, which received Royal Assent on 19 May 2026. This legislation introduces substantial reforms aimed at enhancing the support and rights of care-experienced young people.
One of the key changes brought about by this Act is the extension of aftercare support. Previously, young people leaving care had access to aftercare services up to the age of 21. The new legislation extends this support up to the age of 26, ensuring that care leavers have a more robust safety net as they transition into adulthood. This extension acknowledges the challenges that many young people face during this critical period and provides them with additional time and resources to establish stable and independent lives.
The Act also introduces improvements to the Children's Hearings System, which is responsible for making decisions about the care and protection of children in Scotland. Notably, it provides for the remuneration of Panel Chairs, aiming to enhance the consistency and quality of hearings. Additionally, the legislation allows for more continuity in the chairing of Children's Hearings, which can lead to more informed and child-centered decision-making processes.
Another significant aspect of the Act is the introduction of a statutory meeting with the Children's Reporter. This meeting is designed to ensure that all parties involved have a clear understanding of the proceedings and that the voices of children and young people are heard and considered. By formalizing this process, the Act aims to make the system more transparent and accessible for families.
Furthermore, the legislation provides more flexibility regarding the duration of interim orders. Interim orders are temporary measures put in place to protect children while longer-term decisions are being made. The new provisions allow for these orders to be tailored more closely to the individual needs of each case, ensuring that children's welfare remains the paramount consideration.
These reforms are a significant step towards fulfilling Scotland's commitment to 'The Promise'—a pledge to improve the lives of care-experienced children and young people by 2030. By implementing these changes, the Scottish Government aims to create a more supportive and responsive care system that prioritizes the well-being and rights of children and young people.
At Thompson Family Law, we understand that navigating the complexities of the care system can be challenging for families. Our team is here to provide compassionate and practical legal support to ensure that your rights and the best interests of your children are upheld. If you have any questions about how this new legislation may affect you or your family, please do not hesitate to contact us.
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