Scotland Regulatory Framework - Children’s Homes

Children (Scotland) Act 1995

• Establishes local authorities' responsibilities for children in need, including looked-after children;
• Sets out the duties of care, support, and accommodation.

Children and Young People (Scotland) Act 2014

• Strengthens the rights of children;
• Introduced the Named Person and Child’s Plan (part of the GIRFEC approach);
• Ensures that looked-after children receive appropriate support, including Continuing Care and Aftercare.

Children’s Hearings (Scotland) Act 2011

• This is a key piece of legislation in Scotland that governs the operation of the Children’s Hearings System. This system is a unique legal framework designed to address the welfare and protection of children and young people who are in need of care or who have committed offences. 

Regulation of Care (Scotland) Act 2001

• Established the Care Inspectorate (formerly the Care Commission) to regulate and inspect care services, including children's homes.

Public Services Reform (Scotland) Act 2010

• Sets out the regulatory functions of the Care Inspectorate, including powers to register and inspect children’s homes.

Children (Scotland) Act 2020

• Enhances children’s rights in line with the UNCRC, especially around voice and participation in decisions.

The Looked After Children (Scotland) Regulations 2009

• These regulations provide detailed requirements for local authorities and other relevant bodies on how to care for children who are looked after (i.e., children in the care system). 

• Getting It Right for Every Child (GIRFEC) – a national approach to improving outcomes;
• GIRFEC wellbeing resources (SHANARRI) - GIRFEC (Getting It Right for Every Child) uses eight SHANARRI indicators to describe wellbeing and ensure a shared understanding among children, families, and services;
• National Guidance for Child Protection in Scotland (2021) -Updated 2023 – outlines procedures for protecting children at risk;
• Compulsory Supervision Orders - SCRA - A Compulsory Supervision Order is a formal order made by a Children’s Hearing. It’s for children who need additional protection or support;
• The Continuing Care (Scotland) Order 2015 – enables young people to remain in care up to age 21;
• The Promise (from the Independent Care Review) – a reform plan aimed at transforming Scotland’s care system;
• UNCRC Incorporation (Scotland) Act 2024 - although the United Nations Convention on the Rights of the Child (UNCRC) is not yet fully incorporated into Scottish law, Scottish policy requires that children's homes uphold children’s rights, particularly:
  • Right to be heard;
  • Right to safety;
  • Right to education and health.

Care Inspectorate

• Registers, inspects, and supports improvement in children's homes;
• Inspections are based on the Health and Social Care Standards;
• Inspection reports are public and assess quality indicators (e.g. wellbeing, staffing, leadership).

Scottish Social Services Council (SSSC) 

• Regulates the workforce (e.g. residential childcare workers);
• Staff must register, meet qualification requirements, and follow a Code of Practice.

Education Scotland

• May inspect if education is being provided on-site;
• Works with the Care Inspectorate in joint inspections.

Health and Social Care Standards (2018)

These apply to all registered care services, including children’s homes, and focus on five key principles:

1. Dignity and Respect;
2. Compassion;
3. Be Included;
4. Responsive Care and Support;
5. Wellbeing.

Each standard is person-led, e.g.:

“I am protected from harm, neglect, abuse, bullying and exploitation by people who have a clear understanding of their responsibilities.”

These standards guide staff behaviour, service delivery, and inspection outcomes.