Research carried out by CELCIS, funded by the Nuffield Foundation, an independent charitable trust, reveals how Section 25 of the Children (Scotland) Act 1995 is used, understood, and experienced.
In Scotland, 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.
Annual data published by the Scottish Government shows that the use of Section 25 arrangements increased by 50% between 2013 and 2023. An initial study by CELCIS in 2020 found variation in the use, duration, type of placement, and outcomes associated with Section 25 arrangements.
To explore this further, CELCIS spoke to people with 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. Alongside this, researchers undertook a further analysis of data. The findings of the research have enabled us to better understand how Section 25 arrangements are used, understood and experienced in Scotland. This research can be used to help:
- Underpin a new programme of work on the use of Section 25 in Scotland, thirty years on from the original legislation and regulations
- Support practitioners in ensuring that children and families have a greater understanding of Section 25 arrangements and their rights
- Ensure more consistent use of Section 25 arrangements across Scotland
The research started in April 2022 and was completed in October 2024.
Final report
Non-compulsory care for children and young people in Scotland: Learning from experiences of Section 25
This final report brings together the findings of how Section 25 arrangements in Scotland are experienced from the perspectives of parents, practitioners - social workers, solicitors, children’s reporters and independent advocates – and children and young people who were involved in their use.
The findings show 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 could feel that they had no choice but to agree to these
Ahead of the Children (Scotland) Act 1995 - in which Section 25 is enshrined - turning 30 years old in 2025, the report sets out several core considerations designed to underpin a new programme of work into how Section 25 in Scotland is used.
Video resource for children and young people
This short video is designed to help children and young people understand more about Section 25 arrangements, and where to get support when they need it.
Although our research shows that one in three children and young people who are cared for away from home in Scotland do so under a Section 25 arrangement, it can be difficult to understand what Section 25 means.
This short video, designed for children and young people, explains what Section 25 arrangements are and how social workers can use them to help support families and keep children safe. It also shares useful help and information for who to talk to and where to go if you need support.
Practitioners or anyone else who works with children, young people or families who are involved in a Section 25 arrangements are welcome to share this video.
Need more help or information?
Who Cares? Scotland
If you’re a care experienced young person and you need advocacy support or someone to talk to, contact Who Cares? Scotland by phoning 0330 107 7540 from Monday-Friday, 12pm-4pm, emailing help@whocaresscotland.org, or filling out a contact form on the Who Cares? Scotland website.
Clan Childlaw
Anyone, of any age, anywhere in Scotland, can call Clan Childlaw with a question about children’s rights and about how the law and legal systems in Scotland work for children and young people. Clan Childlaw has a team of lawyers who can represent children and young people in court, in children’s hearings, and in important meetings. You can call free on 0808 129 0522, Monday to Friday from 9am to 5pm. Or contact Clan Childlaw online here.
Scottish Child Law Centre
If you are under 21 or a family member, carer, or professional who is supporting a young person and want to talk to someone about how the law affects you, you can get free legal advice on children’s rights and child law from the Scottish Child Law Centre’s qualified solicitors by filling out a contact form on the Scottish Child Law Centre website.
