Fostering is a devolved issue in the UK meaning that legislation about foster care varies across the UK. In Scotland, the main legislative body is the Scottish Parliament, which has introduced a wide range of law and guidance that has relevance for foster care. Scotland’s care and justice system for children and young people is called the Children’s Hearing System.
Please use the drop down list to access details of key primary legislation, regulations and guidance relating to fostering and foster care in Scotland.
The Children's Hearing System
The Children’s Hearings System is the care and justice system for Scotland’s children and young people up until the age of 16 (for some children, until 18). Children and young people are referred to the children’s reporter (Scottish Children's Reporter Administration 'SCRA') because some aspect of their life is causing significant concern - perhaps related to the child’s safety, health and welfare, but it could also include not attending school or committing offences.
Typically, referrals to the reporter are made by social work, the police, health or education. However, anyone may make a referral to the reporter. If the reporter receives a referral about a child or young person, they investigate it and determine whether or not compulsory measures of supervision are required. If they are required, the case is referred to a children’s hearing.
Useful information about children’s hearings can be found at:
- The SCRA website (including this resource for foster carers)
- The Children’s Hearings Scotland website
In line with Keeping The Promise and Corporate Parenting commitments, SCRA have worked alongside Hearings-experienced young people to design and develop new forms (May 2022) for children and young people to complete.