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Advocacy and legal advice

Where is Scotland in 2024?

Scotland’s ambition to develop a lifelong advocacy service for care experienced children, young people, families and adults is clear. There is evidence of progress across Scotland as organisations in a position to support advocacy provision have taken steps towards the goal of universal, lifelong support.

In 2023, The Promise Scotland, with the support of the Scottish Government, published a paper which scopes the potential for a national lifelong advocacy service. It sets out a path towards delivery, identifying how it should be operationalised and what can be done to realise the conclusions of the promise with respect to advocacy and uphold the rights of care experienced children, young people, families and adults.

However, challenges persist, including disparities in advocacy provision across local authorities and high demand for advocacy related to complex legal and financial issues. Research by Who Cares? Scotland found that out of 29 local authorities who responded, 13 said they do not currently provide independent advocacy services for care experienced people at all stages of their lives. These disparities can impact the effectiveness of advocacy services and hinder the ability of care experienced individuals to navigate the current ‘care system’ effectively.

Overall, while Scotland agrees advocacy services for care experienced children and families are vital, ongoing efforts are essential to address accessibility gaps, improve service consistency and increase awareness among care experienced individuals about their rights and available support.

Advocacy and legal advice

Where does Scotland
 need to be by 2030?

By 2030, all care experienced children, young people, families and adults will have access to independent advocacy support, at all stages of their experience of care and beyond. This means:

  • There will be consistent advocacy standards across Scotland that are subject to inspection and regulation.
  • Families will be supported to understand and advocate for their rights and entitlements.

Children and their families will have a right to legal advice and representation if required. This means:

  • Unaccompanied asylum-seeking children will have access to legal support, advice and advocacy to navigate the Home Office asylum procedures.
  • Lawyers will act in a way that is accessible, understandable and not overtly adversarial.
  • Scotland will have considered the creation of an accredited legal specialism to set standards for legal professionals representing children.
Where does Scotland
 need to be by 2030?

The route map to get there

Focus must be on unaccompanied asylum-seeking children and young people, as the number entering Scotland’s ‘care system’ has meant that an already stretched system is not well equipped to meet their needs. For the needs of all children and young people to be met consistently, work to reform the 'care system' must prioritise improving current processes and increasing resources to ensure unaccompanied children and young people, and those removed from their families, are given all they need to thrive.

In Summer 2024, the Minister for Children, Young People and The Promise will review The Promise Scotland’s advocacy scoping paper and the Who Cares? Scotland report and identify the appropriate next steps to be taken. The Promise Scotland's paper, Scoping and Delivering a National Lifelong Advocacy Service for Care-Experienced Children, Adults and Families, recommends a four-phased approach to developing a National Lifelong Advocacy Service for care experienced children, adults and families.

In Summer 2024, the Scottish Government will progress advocacy and legal advice related recommendations (4.1; 4.2; 10.1; 10.1.1; 10.1.2 and 10.1.3) accepted following the publication of the Hearings for Children report. Some recommendations will be consulted on as part of the Hearings Redesign consultation, expected in July 2024.

The learning from Clan Childlaw’s scoping paper, Improving Legal Support for Children and Young People in Conflict with the Law, must be reflected on. Actions should be identified that will help to #KeepThePromise with respect to legal advice and support.

An external evaluation of children’s advocacy in the Children’s Hearings System will be published, with Scottish Ministers committed to sharing outcomes of this with the Scottish Parliament by the end of 2024.

The actions outlined in the Voice foundation are fully embedded at every stage to progress actions on advocacy and legal advice.

What is helping?

The Promise Scotland produced a scoping paper which outlines a four phase approach to developing a National Lifelong Advocacy Model for care-experienced children, families and adults.

The National Practice Model for Advocacy for the Children’s Hearings System was published in 2020. The Promise Scotland’s advocacy scoping paper recommends expanding the existing operational model and framework beyond the parameters of the Children’s Hearings System.

In September 2022, Clan Childlaw published a scoping paper entitled Improving Legal Support for Children and Young People in Conflict with the Law, funded by The Promise Partnership’s ‘A Good Childhood’ fund. The study aimed to better understand the legal needs of children and young people in conflict with the law, highlighting the gap between what they need and what they experience. They identified four key areas to enact change and deliver better legal services:

  • Knowledge of rights and entitlements
  • Access and availability of legal support
  • Quality of legal support
  • Legal support for issues affecting children and young people in conflict with the law

Who Cares? Scotland undertook a review of their experience and learning from providing an advocacy service and have shared findings in a report to support the consideration and development of a national, lifelong advocacy service for care experienced children, young people and adults. Who Cares? Scotland’s National Advocacy Helpline provides support to care-experienced people of all ages. Since its launch in July 2020, it has taken over 3,500 calls.

In May 2023, the Hearing System Working Group published its report Hearings for Children, which contained 97 recommendations on how Scotland’s Children’s Hearings System can be redesigned in a transformative way, including how advocacy and legal support is accessed and delivered.

The Scottish Independent Advocacy Alliance are currently carrying out work to set out principles, standards and a code of best practice that underpins good independent advocacy practice.

The Scottish Government has commissioned Research Scotland to evaluate the Children’s Hearings Advocacy Scheme. As part of this research, the views of social workers on the difference independent advocacy makes will be sought, alongside gathering views from children, young people, parents, carers, Reporters, Panel Members, Safeguarders and other key stakeholders.

Who must act?

Justice

Justice
Local Government

Local Government
Public Bodies

Public Bodies
Scottish Government

Scottish Government
Scrutiny

Scrutiny
Voluntary sector

Voluntary sector

Here is what matters to children and families

I understand the role of an advocate and how they can help me. 

I am supported to access advocacy whenever my family and/or I need it.

I am actively and meaningfully involved in decisions and plans that affect me. 

My experiences have been sought out, listened to, valued, and acted on. 

People who support me spend time getting to know me and responding to my specific strengths, likes, relationships, and needs. 

The words people use when they're speaking or writing don't make me feel different, embarrassed, singled out, or blamed. 

The language used about and around me is kind and understandable to me. 

My views and experiences, and the views and experiences of people who are important in my life, are recorded, included, and acted on in a meaningful way. 

If information about me is shared, it's done sensitively, with respect and care for my feelings, for reasons I understand and have been explained to me. 

The people in my life who support me genuinely care about me and aren't just using my circumstances to make money. 

Find out more about the what matters questions here.

Also connected to this theme

Documenting decisions
Listening
Participation and engagement
Rights
Scrutiny and inspection

Mapping

This is how Plan 24-30 relates to other frameworks and plans

Independent Care Review conclusions  Plan 21-24 priority area
the promise pgs.114-116 What matters to children and families
  Listening
  Children's rights
  A good childhood
  Building capacity 

 

 

UNCRC GIRFEC
Articles 3; 12; 18; 20; 22; 40 Safe
Concluding observation 17b Healthy
  Nurtured
  Respected
  Responsible
  Included

Plan 24-30 foundations