Seòmar agus comataidhean

I might bring in officials on whether a legislative route would have to be used. I can see other options, given that we already expect such provision to be available for care-experienced people of a certain age. Our Promise bill, which we have agreed will go through Parliament in the current parliamentary session, will provide an opportunity for legislative changes.

We expect to introduce that towards the end of next year, giving plenty of time for a lot of different pieces of work that are going on, to see what would be included in the bill. However, on the specific question whether the route would have to be legislative or not, I will hand over to my officials.

I may hand over to my officials to talk about the consultation, because we have not finished designing that yet. The bill itself will be based on the keeping the Promise implementation plan, which sets out a vision for delivering the Promise by 2030. There are 14 top-level actions within that plan and about 80 other recommendations, which cut across all parts of Government.

During my time in this role, there has been a much greater focus on managing the cross-portfolio work on the Promise. We are very aware that it cuts across various ministerial portfolios. There is a cabinet subcommittee on the Promise and there is real evidence of us working together to try to achieve our aims. The actions in the Promise implementation plan that aim to reduce poor outcomes focus on poverty, homelessness, poor health—which can often include poor mental health—offending, school exclusion, educational attainment and low employability.

As I said, there are many aspects to keeping the Promise. Many of those will be considered as part of the consultation and any that require legislative change will be included in the Promise bill.

There are a number of points to address in that. On the issue of young people not knowing their rights in this area, in my previous response, I referred to updating the guidance, the intention of which includes ensuring that it is more accessible for young people. With regard to young people being aware of their rights under the UNCRC in particular, I have visited a lot of schools, and that is something that is on the agenda. Children are talking about their rights and are aware of their rights. I do not want to generalise, and there might be schools or areas where that is not always the case, but I can say that the young people in the schools that I have visited are very switched on to the issue. That is facilitated by a number of fantastic youth groups and organisations that are working to promote those rights to young people.

Outwith the Government’s support and aftercare provision, a number of advocacy schemes are currently in operation. There is a national helpline operated by Who Cares? Scotland, which is funded by the Scottish Government, and there is the national children’s hearings advocacy scheme, which was enacted in November 2020. So, there are ways for care-experienced young people to access support. However, as I have said, what I have heard so far is that there are inconsistencies. We know that some sort of change will be required, and it is likely that that will be legislative change, but that will be decided by the consultation and the work that is under way just now. I am more than happy to write back to the committee with further information on that.

Thank you, convener, and good morning, all. I am grateful to the committee for inviting me to give evidence. I welcome the opportunity to discuss the proposals in PE1958 to extend aftercare for previously looked-after young people and to remove the continuing care age cap.

I understand that the committee first discussed the petition on 31 May 2023 and that members listened in particular to the importance of ensuring that individuals are aware of their rights. The commencement of the incorporation of the United Nations Convention on the Rights of the Child into Scots law gives us all, across the chamber, a golden opportunity to continue to promote public awareness and understanding of the rights of the child and the entitlements of those leaving care to the right help and support.

Listening to the challenges that are experienced by our young people who move on from care must and will continue to inform our approach to reducing the variation in the support that they receive.

Two weeks ago, it was care experience week. Appropriately, given the focus of what the committee heard in its previous session on the petition and some of what we will no doubt discuss today, the theme for this year’s events was lifelong rights for care-experienced people. The First Minister and I attended different events at which we met young people with lived experience and some practitioners who work alongside them. I have been really moved by many of the meetings and discussions that I have had so far with our care-experienced community. Equally, I have been wholly impressed with their passion and dedication to help to ensure that their experiences influence positive change for others.

During care experience week, the Scottish Throughcare and Aftercare Forum, which is known as STAF, launched its 100 days of listening consultation to understand what people with experience of care—and the workforce that supports them—need and want to happen for the Promise to be kept. I am pleased to say that my officials are working in close partnership with STAF to take forward that work. We are actively listening to people with lived experience to understand what it will take to remove the stigma and barriers that our care-experienced community face, so that they can achieve equality with their non-care-experienced peers.

In this year’s programme for government, we committed to launching a public consultation on what the broad package of support for care-experienced young people should include to support them into adulthood. The consultation will be launched in spring 2024 and will build on what we hear through the 100 days of listening consultation.

I want to reassure the committee that we are determined to review and co-design the policies and supports for people with experience of care alongside those with lived experience, so that we get it right for our young people and that they feel loved, cared for and respected and can flourish into independent adults.

We recognise the particular financial challenges that our care-experienced young people face when they move on to independent adult living, which is why, on 26 October, the First Minister announced our plans to consult on a care leaver payment of £2,000, to help young people transitioning from care to independent living.

I am acutely aware that our work across Government to keep the Promise requires a cohesive and co-ordinated approach across all our care, health, education and justice services, and I am extremely grateful to the carers, the workforce, the agencies and the stakeholders who work hard to provide the best environment for our children and young people in care. I also put on record my admiration and appreciation for the young people themselves, many of whom I have met during my time in this role, who continue to share their experiences of care and to champion the rights of people with care experience.

Finally, I welcome the committee’s interest in the petition, and I will be happy to answer any questions that members may have.

As I said in my opening remarks, the care that people receive is inconsistent, and we need to work on that. It is important that we listen to what young people and care-experienced people need.

I want to make it clear that “aftercare” refers to the advice, guidance and assistance that are provided to care leavers, which can include, but are not restricted to, advice and guidance on or assistance with the securing of accommodation, education and employment opportunities and financial support. As I said, we understand that there are inconsistencies there. For example, when young people leave care before their 16th birthday, they do not always benefit from smooth and well-supported transitions, which can leave them less well prepared for adulthood than their peers. It also means that they have no legal entitlement to the aftercare support that would have been available to them if they had left care after their 16th birthday.

The Promise makes it clear that lifelong advocacy is required to enable people with care experience to realise their rights, to thrive in life and to have a well-supported transition to adulthood. Throughout my time in this role, I have heard loud and clear that care experience stays with you for life. Therefore, such support needs to be available for people to tap into at key points in their life.

It is absolutely a priority for us to get it right for care-experienced people. As I have mentioned, we will take the learning from STAF’s 100 days of listening and the consultation that we will embark on in 2024 as we look to further expand our work in this area.

Absolutely. I have already referred to the visits that I have been on. Fantastic work is going on across our local authorities, who are best placed to understand what is needed in their areas. As I have already mentioned, the Promise covers many different aspects and policy areas. Local authorities have been very good at understanding what is needed in their areas and taking action accordingly. I have seen a lot of positive work on my visits, and our aim is to expand that work across the country. Obviously, capacity issues might affect that approach.

I appreciate that there has been an increase in the demand for, and the complexity of, the work that social work staff undertake and that currently there are recruitment and retention challenges there. Although local authorities are responsible for planning their workforces and ensuring that they have appropriate staff levels, we understand the issues that the sector faces, including that increase in demand. A number of actions are therefore being taken to improve matters.

A joint working group with the Convention of Scottish Local Authorities has been established to address the issues immediately affecting the workforce. Members will be aware of the proposals for a national care service and, within that, the establishment of a national social work agency that would support and invest in the profession. However, I appreciate that that will not help immediately; it is a longer-term approach.

We have set up that joint working group with COSLA. We also have a national approach to workforce planning, which we hope will help to achieve the optimal future workforce capacity. A short-life working group has been created to oversee the development of that work and to produce up-to-date data on social work vacancies and demand for services there. I hope that that will allow us to facilitate planning and resource allocation at national level to meet the expected increase in demand. A workforce improvement plan has also been developed to address acute recruitment and retention challenges, and it will include workforce planning and workforce vacancy data.

Throughout all those initiatives, we are working collaboratively with COSLA, social work departments and the various agencies involved in the sector, which is hugely valued and around which the Government has created its aims and priorities. We are absolutely switched on to those and are trying to improve matters.

In my previous answer, I made the distinction between continuing care and aftercare. That can certainly be considered. There might be difficulties with somebody being placed in their place of care past the age of 21, because they are getting into adulthood at that point. That certainly would be considered, but the focus at the moment is on providing aftercare and continuing support throughout the lives of care-experienced people.

I completely appreciate that. I have already talked about the discrepancies that the member has mentioned, and it is good that the petition is highlighting those and the need for further support. Again, it is not clear whether that would have to be done through a legislative route. If that is the case then, as the member has mentioned, that would happen at a later date. However, there could be opportunities to improve guidance on and change the structures around the issue prior to that. Again, that will be defined by the work that I have already mentioned on the consultation and on listening to stakeholders.

We are taking actions at the moment. We are updating guidance to simplify language and improve the practice in continuing and aftercare services and provision. We are working closely with stakeholders, including young people with lived experience, providers and the workforce, to better understand the barriers and what might need to be done to remove them. The moving on change programme that I have referred to is actively seeking and facilitating opportunities to further take on board the views of people with experience of care. As much as I understand that you want us to move quickly, we need to get it right. We need to ensure that there is capacity and that it works for our children and young people.

I believe that that might answer your question, but I will bring in my officials in case there is anything that I have not touched on.

I do not have the relevant figures in front of me, but I know that a lot of good work to improve things is happening on the ground, through the Promise and other initiatives. I have been on several visits where there are virtual schools and different set-ups for learning to encourage or assist care-experienced people who might find it difficult to attend school, for whatever reason. I hope that that work will make an impact on the figures as we move forward, with the main aim being to improve the lives of care-experienced young people.

I will bring in my official to expand on the figures.

The aim of continuing care is to provide young people with a more graduated transition out of care, reducing the risk of multiple simultaneous disruptions occurring in their lives, while trying to maintain supportive relationships around them. I will make the distinction between that and aftercare, which refers to the advice, guidance and assistance that is provided to care leavers, as I alluded to in my answer to the previous question. As I said, we understand that there are inconsistencies.

The Promise has made it very clear that lifelong advocacy is required for people with care experience and, as I have said, we have heard loud and clear the calls from the care-experienced community.

I feel as though I am repeating myself, but I want to make it clear that we are determined to review and co-design the policies and supports and, if necessary, to legislate for people with experience of care, alongside those with lived experience and the practitioners who work with them. We will do so to ensure that we get it absolutely right for those people.

In response to your question, we would certainly consider amending the 2014 act, but that will be worked through once we have further information from the 100 days of listening and the consultation. Those measures will be considered if we think that that is right for children and young people, but I emphasise that we are listening to the voices of the care experienced and the organisations that are leading that work.