New research reveals new understanding of non-compulsory care of children and young people in Scotland
New research by CELCIS published today (2 October) has found that non-compulsory arrangements for caring for children and young people in need of care and protection in Scotland are used more commonly, and for a wider range of reasons, than previously understood.
The study, funded by the Nuffield Foundation, looked into the use of arrangements made under Section 25 of the Children (Scotland) Act 1995, which increased by 50% between 2013 and 2023, and reveals how Section 25 arrangements are used, understood, and experienced.
Section 25 arrangements place a duty on local authorities to provide care and support to children and young people away from the parental home where it is necessary for their care and protection, such as with family members or foster carers, and their parent or parents either do not object or are not present.
CELCIS’s researchers spoke to people who were involved in the use of Section 25 arrangements including parents, social workers, solicitors, children’s reporters and independent advocates to listen to their views, experiences and perspectives, and undertook an analysis of longitudinal data.
The findings offer new insight into the use and purpose of the Section 25 arrangements being made in Scotland, how issues of parental consent are being managed, how Section 25 arrangements are used locally, and the experiences and outcomes of Section 25 arrangements for children, young people, and their families.
The research reveals that:
- Section 25 arrangements are used more frequently than was previously understood.
- There is significant variation in the use of Section 25 arrangements between different local authorities, social workers, and social work teams when responding to the care and protection needs of Scotland’s children.
- Parents often do not fully understand Section 25 arrangements and can feel that they have no choice but to agree to these.
- Social workers often experience ethical challenges using Section 25 arrangements and in gaining consent from parents.
Ahead of the Children (Scotland) Act 1995 turning 30 years old in 2025, the findings of this research indicate what should be done to consider how these arrangements are now used.
The report calls for:
- A new programme of work to agree a new, shared vision into the role and purpose of Section 25 and how it is used in Scotland.
- A focus on the voices and experiences of children, young people, and families with experience of Section 25 arrangements in all conversations.
- New information resources, guidance, and practical support for social workers.
- New resources to support children and families in their understanding of Section 25 arrangements.
Commenting on the findings, Dr Robert Porter, Principal Investigator for this study at CELCIS, said:
“The findings from this research study give us the fullest understanding yet of how children, young people, parents, and practitioners experience non-compulsory care arrangements in Scotland. In listening to the views and perspectives of all those involved, we have, for the first time, invaluable insight into the use and purpose of Section 25 arrangements, and the key practical and ethical challenges these can raise for families and the workforce supporting them. Scotland should take the opportunity of the 30th anniversary of the Children (Scotland) Act 1995 next year to agree a new, shared vision of Section 25 – one which is influenced by the voices and experiences of the last three decades and can promote the development of good practice to best support children, young people, and their families.”