Voluntary care plans for children in Scotland: using Section 25 orders

This project will investigate Section 25 orders (s.25 of the Children (Scotland) Act 1995) in Scotland and how these are used, understood, and experienced by children, families and practitioners. These arrangements place a duty on local authorities to care for a child or young person where they consider it necessary in order to respond to the care and protection needs of a child, and where their parents either agree, or are not present.

For some infants, children, young people, and families there may be challenges that, for whatever reason, require outside help and support from the care system. A safe and secure home environment can lead to improved life chances, health, and well-being, but sometimes there are delays in a permanent home being secured for children and young people who are ‘looked after’ away from their parents. Because children on s.25 orders are not ‘looked after’ away from their parents ‘under any legal compulsion’ (i.e. their parents agree to their children being cared for elsewhere or their parents are absent), these orders do not experience the scrutiny and safeguards associated with compulsory orders put in place through Scotland’s Children’s Hearings System. Unlike in England and Wales, where use of equivalent powers have been in decline, almost 50% of children and young people in Scotland who become ‘looked after’ away from their parents, do so under a s.25 order.

Initial analysis by the research team has revealed substantial variation in the use, duration, type of placement, and outcomes associated with s.25 orders. By seeking and listening to the voices of children, families and practitioners, this study will provide information and inform the direction of future policy and social work. The mixed-methods study will focus on five linked themes:

• National picture: How does the use of s.25 orders vary and has this changed since its introduction in 2009? How do s.25 orders fit into children’s care journeys? How does the approach in Scotland compare to other UK countries?
• Consent: How are children and parents consulted and informed of their rights in relation to s.25 orders?
• Use and purpose: Under what circumstances are s.25 orders used? Who initiates s.25 orders and for what purpose? What are the expectations of parents and professionals involved with a s.25 order? How do children and families contribute to the planning of s.25 orders?
• Management: What processes are in place to monitor s.25 orders? How often are the orders reviewed and assessed? To what extent are children and parents involved in their care planning?
• Experience and outcomes: Do s.25 orders promote the welfare and best interests of children and young people? What support is offered to parents to help them resume full time care of their child/children? What variation exists in the care journeys and destinations of children on s.25 orders compared to other compulsory orders?

Information materials will be created with and/or for, children and families, practitioners, and policy makers. Each output will be tailored to promote three key outcomes:

• Children and families having a greater understanding of s.25 orders and their rights.
• More consistent use of s.25 orders across Scotland.
• Informing Scottish national policy.

The findings of the research are planned to be disseminated in a number of ways, including through videos, infographic guides, publicly available reports, practitioner toolkits, webinars, with interim updates made available along the way.