The Scottish Independent Advocacy Alliance (SIAA) has responded to the Scottish Parliament’s call for views on the Children (Care, Care Experience and Services Planning) (Scotland) Bill. In our response we warn that without stronger legal protections and sustained funding for independent advocacy, the rights of care-experienced people risk being undermined.
Read: SIAA Response: Children (Care, Care Experience and Services Planning) (Scotland) Bill
The Bill, introduced in June 2025, aims to reform services for children and adults with care experience, including expanding access to aftercare and advocacy services. It is part of the legal changes required for Scotland to keep The Promise in the manner set out by the Independent Care Review – in particular The Rules report. SIAA’s submission highlights critical gaps in the legislation’s current drafting—particularly around the definition, scope, and sustainability of independent advocacy.
Independent Advocacy: A Cornerstone of Rights-Based Support
As Scotland’s national membership organisation for independent advocacy, we argue that the Bill must embed a clear definition of independent advocacy aligned with the Mental Health (Care and Treatment) (Scotland) Act 2003. This would ensure advocacy is structurally, financially, and psychologically independent—free from conflicts of interest and not delivered by service providers. SIAA are clear that for independent advocacy to be high quality it must be truly independent.
“Independent advocacy is not just a service—it’s a human rights mechanism. It enables care-experienced people to understand their rights, participate in decisions, and challenge inequality. Without legal clarity, we risk diluting its power.”
Collective Advocacy: A Voice for Systemic Change
SIAA’s response also calls for statutory recognition of collective advocacy—groups of care-experienced individuals coming together to influence policy and service design. SIAA believe that without explicit protection, collective advocacy could be sidelined or defunded, despite its vital role in amplifying lived experience and securing systems change from the ground up.
Lifelong, Flexible, and Relationship-Based Support
The Bill’s current provisions risk creating a two-tier system where independent advocacy is only available to those with longer or more formal care experiences. Instead SIAA call for lifelong access to diverse models of independent advocacy, including citizen advocacy and non-instructed advocacy for those unable to express their views.
“Care-experienced people are not a homogenous group, their needs don’t end at 18 or 21. Independent advocacy must be flexible, relationship-based, and available across the lifespan.”
Funding Shortfalls and Missed Opportunities
SIAA challenges the Bill’s Financial Memorandum, which estimates uptake of advocacy services at just 5–10%. Drawing on evidence from the Children’s Hearings Advocacy Scheme and member organisations, SIAA propose that real-world demand exceeds 20% and recommends a target of 50% uptake.
SIAA also cites research showing that every £1 invested in independent advocacy generates £12 in public savings—underscoring the economic and social value of upstreaming support.
Aligning with Human Rights Law
SIAA urges the Education, Children and Young People Committee scrutinising the Bill to align the detail on independent advocacy with Scotland’s commitments under the UNCRC (Incorporation) (Scotland) Act 2024 and the UN Convention on the Rights of Persons with Disabilities (UNCRPD). This includes embedding supported decision-making and ensuring independent advocacy is available to uphold legal capacity and participation rights.
Key Recommendations from SIAA Include:
- Embedding a robust definition of independent advocacy in the Bill
- Statutory recognition and funding for collective advocacy
- Lifelong access to flexible, relationship-based advocacy models
- Adequate resourcing to meet real-world demand
- Alignment with UNCRC and UNCRPD obligations
As the Education, Children and Young People Committee prepares to scrutinise the Bill this autumn, SIAA’s response stands as a compelling call to ensure that independent advocacy is not just acknowledged—but fully realised in law and practice.
Further reading
- For more information on the Bill and the call for views, visit the Scottish Parliament’s consultation page.
- Read SIAA’s response to the Call for Views SIAA Response: Children (Care, Care Experience and Services Planning) (Scotland) Bill
- Who Cares? Scotland response to Call for Views
- What to Consider in a Promise Bill? from The Promise Scotland
