The Care Reform (Scotland) Bill has successfully passed through Stage 3 of the Scottish Parliament, with all independent advocacy amendments securing unanimous support from MSPs. As the Scottish Independent Advocacy Alliance (SIAA), we view this legislation as a significant milestone in strengthening independent advocacy for people receiving social care, with cross-party recognition of independent advocacy’s vital role in protecting human rights and ensuring voices are heard.
SIAA and our member organisations have been contributing to the independent advocacy aspects of the Bill for several years. The passage of the independent advocacy amendments represents what then Minister for Social Care, Mental Wellbeing and Sport, Maree Todd, described as a recognition of how “important independent advocacy is in helping people to have their voice heard and in realising their rights.” The Scottish Government has committed £500,000 for the financial year 2026-27 to increase provision of independent advocacy, taking what the Minister said would be “an incremental approach to increasing provision in order not to overwhelm the sector.”
This measured approach aligns with our position at SIAA, following years of feedback from independent advocacy organisations that the sector is working at unsustainable levels. In order to retain the value of grassroots, place-based independent advocacy, delivered in-person wherever possible, gradual growth is most likely to preserve high-quality independent advocacy provision.
Advocating for independent advocacy
The Bill, as introduced in 2022 had minimal detail on independent advocacy. It did not have a definition of independent advocacy and only included that Scottish Ministers ‘may’ make provision of independent advocacy.
The Bill, as passed, now contains significant detail on independent advocacy, including;
- A definition of independent advocacy
- Stating Scottish Ministers ‘must’ make provision of independent advocacy
- Regulations must have service standards for independent advocacy including on quality and training
- Anonymised data must be collected on reasons people are accessing independent advocacy
One of our key priorities has been achieved through the refinement of what constitutes truly independent advocacy. We welcomed Green MSP Mark Ruskell’s amendments, as he explained that “Amendments 72 and 73 are designed to provide a clearer definition of independent advocacy services in order to avoid ambiguity in how the legislation is applied.”
As SIAA, we have long highlighted in our policy work that different Scottish laws and policies currently define independent advocacy in varying ways, creating confusion across policy areas. SIAA and members have contributed to the successful inclusion of a definition of independent advocacy in the Bill. The definition included says that advocacy must be independent from Scottish Ministers, local authorities and health boards and includes the option to add to this definition in regulations. While we supported the enhanced definition, we also strongly recommended that regulations, at a minimum, should specify that ‘service providers of social care’ must also be excluded from providing independent advocacy to ensure true independence. For true quality independent advocacy provision the definition of independent advocacy agreed by SIAA members should be included in regulations; structural, financial and psychological independence.
However, we maintain that more work remains to be done on the definition of independence. Our longer-term goal continues to be that “all Scottish legislation and policy should use the same definition of independent advocacy.” This goal reflects key recommendations from the Scottish Mental Health Law Review that were accepted by Scottish Government in 2023 – recommendations that we have been championing since their publication.
Cross-Party Recognition of Independent Advocacy’s Value
The parliamentary debate revealed remarkable consensus across political parties about the importance of independent advocacy. Conservative MSP Brian Whittle noted that “the bill has shone an unexpected light on independent advocacy,” while acknowledging the collaborative approach taken with stakeholders like SIAA in developing the amendments.
Labour MSP Paul Sweeney provided endorsement of the amendments for independent advocacy, describing it as “heartening to see such cross-party support for independent advocacy” and emphasising the practical impact for constituents. He highlighted how “the many different Government bodies, private providers and third sector organisations that they encounter and have to navigate when trying to access care can make for a confusing and distressing experience.”
Sweeney’s analysis captured why independent advocacy matters: “The work of independent advocates means that those constituents know that they do not have to navigate those complex systems alone. Instead, they can get expert [advocacy] assistance that is always on their side in getting the best outcome for the person concerned.”
Addressing Implementation Concerns
While supporting the overall direction of the legislation, SIAA raised concerns about the practical implementation of reporting requirements. We opposed Amendments 70 and 78, arguing that their combination “could create too much burden on independent advocacy organisations,” particularly noting the different timeframes for reporting proposed in each amendment.
In our Stage 3 briefing, SIAA emphasised that “any data collection requirements must be properly budgeted for within procurement processes, adhering to Fair Funding principles.” We stressed the importance of ensuring that grassroots independent advocacy organisations are not burdened with unfunded data requests, reflecting our broader concerns about the sustainability of the sector based on direct feedback from our 32 member organisations.
Mark Ruskell acknowledged our concerns while defending his Amendment 78, explaining that it “would provide greater transparency of what is being done to ensure that independent advocacy is available to those who really need it in order to be empowered.” We appreciated that he emphasised the amendment would support our preferred approach of “incrementally increasing funding year on year for independent advocacy.”
The Power of Collective and Citizen Advocacy
As SIAA, we are particularly keen to see provision move beyond individual issue-based independent advocacy. In our briefing, we highlighted the transformative potential of collective advocacy, noting that “if independent collective advocacy were properly commissioned for social care, it would create a powerful system for change.” We believe this approach “naturally brings together people’s voices to identify problems and drive improvements across the system,” creating a built-in feedback mechanism that would benefit everyone receiving social care. Citizen advocacy enables people to build connections in their communities and access support through relationship-based independent advocacy that can prevent the higher costs of people coming to services when they are in crisis.
Our advocacy for collective and citizen advocacy provision aligns with the Independent Review of Adult Social Care’s key design principles, particularly regarding the realisation of human rights, prevention of crisis, prioritisation of early interventions, and co-production – principles that are central to the work of our member organisations providing collective advocacy.
Looking Ahead: Implementation and Long-term Goals
With the Bill now passed, attention turns to implementation and the realisation of the legislation’s potential. We have emphasised that service standards for independent advocacy must be developed with meaningful involvement from independent advocacy organisations, ensuring they are “both useful and relevant while avoiding unnecessary burden.”
SIAA maintains that those responsible for drafting service standards “must possess a thorough understanding of how to assess the quality of independent advocacy in practice, as well as a comprehensive grasp of the principles of independence.”
Paul Sweeney’s parliamentary remarks captured the ongoing commitment required: “I hope that support will continue long after the bill has passed and become an act of Parliament, to ensure that it is given good effect in the country.”
A Foundation for Future Reform
The successful passage of the independent advocacy amendments represents more than a legislative victory; it establishes a foundation for broader reform of Scotland’s approach to independent advocacy. SIAA’s longer-term vision involves implementing the Scottish Mental Health Law Review recommendation to “consolidate and align all legislation and policy relating to independent advocacy—covering definitions, access rights, and commissioning.”
As Sweeney concluded in his parliamentary contribution, the amendments “put independent advocacy at the heart of social care while creating a duty on ministers and the Government to build up and support the independent advocacy sector in this country. That is a major step forward in legislation.”
The Care Reform Bill’s independent advocacy provisions demonstrate what can be achieved when stakeholder expertise, cross-party collaboration, and a commitment to human rights combine in the legislative process. While challenges remain in implementation and funding, the unanimous support for these amendments signals a commitment to ensuring that people accessing social care, who are experiencing significant barriers to having their human rights realised, will be able to access independent advocacy to navigate complex care systems and have their voices heard.
With the £500,000 funding commitment for 2026-27 and the strengthened legislative framework now in place, the focus shifts to delivering on the promise of accessible, high-quality independent advocacy that can truly make a difference in people’s lives. The incremental approach endorsed by both government and stakeholders suggests a sustainable path forward that respects the sector’s capacity while building towards more comprehensive provision in the years ahead.
