We Asked, You Said, We Did

We held a public consultation seeking views on the Scottish Government's proposals to mitigate the two-child limit in Universal Credit in Scotland. The consultation opened on 21 February 2025 and closed on 18 April 2025. 

We asked four questions about:

• whether Social Security Scotland should deliver payments to mitigate the two-child cap in Scotland;
• whether the powers at s79 of the Social Security (Scotland) Act 2018 to top-up Universal Credit should be used to mitigate the two-child cap;
• whether payments to mitigate the two-child cap should be disregarded as income by the UK Government; and
• any potential impacts of the proposed approach outlined in the consultation on different groups of people, communities and businesses.

We also held a workshop with people who have lived experience of the two-child limit on Universal Credit to supplement the online consultation.

A total of 267 responses were received. Most consultation responses were from individuals, with 42 responses from organisations. A range of organisations responded including third sector organisations, local authorities and representative bodies. 

During the workshop event attendees shared their answers to the consultation questions. Their insights were considered alongside the formal consultation responses.

We commissioned an independent research company, Wellside Research, to conduct the analysis of the consultation responses and their analysis report has been published on the Scottish Government website. We have published the consultation responses, where permission has been given to do this, on Citizen Space.

The Scottish Government is committed to effectively scrapping the impact of the two-child cap in 2026. We are working at pace to begin payments as soon as possible.

We sought views on the proposed administration regulations for the Scottish Aggregates Tax (SAT). Views were also sought on a range of issues to inform relevant impact assessments and ensure that these are fully considered. The consultation opened on 24 January and closed on 21 March 2025. 

Five responses to the consultation were received from various stakeholder groups. Two of those responses were received from the SAT expert advisory group members prior to the launch of the consultation. For the purposes of the analysis, the two responses from SAT advisory group members have been included, and respondents have been broadly categorised. One response was received from a primary aggregates industry body, one response was received from a waste and resource management body, and three responses were received from tax/accountancy/legal bodies. 

Most respondents agreed with the majority of the provisions in the draft administration regulations and impact assessments. However, it was noted that there will be an additional administrative burden on taxpayers due to the level of information being requested in the aggregates invoice and tax return. A key theme in the responses was that the definition of an aggregates invoice (as stipulated in the draft secondary legislation) would cause problems for the primary aggregates industry, and that this should be amended. 

Respondents also sought further clarity on the following provisions: 

• Penalties for failure to use a weighbridge/specified method  

• Group registration 

• 30-day tax return period  

• Time-limit for claims 

Stakeholder feedback on the partial Business and Regulatory Impact Assessment (BRIA) proposed:  

• Greater reference to the research being undertaken via ClimateXChange, a centre for expertise on climate change, to better understand the evidence base on the role of recycled aggregates. 

• Further detail on the compliance costs to affected businesses.  

• An update on the assessment of cross-border complexities. 

• Information on the number of visits undertaken and the methodology used to select which operators were approached / visited. 

• Post-implementation review: further information is needed on what intervals the reviews will take place, how these will be carried out, and the level of detail to assess effectiveness of SAT. 

The material and views gathered through the consultation activities have informed the development of SAT policy in advance of the proposed introduction date of 1 April 2026. 

The Scottish Government has carefully considered the responses to the consultation and amendments have been made to regulation 2 on the definition of an aggregates invoice. Other amendments were made to correct minor spelling mistakes and referencing errors within the regulations. 

Further clarity has been provided in the consultation analysis report to answer stakeholder queries on a number of issues highlighted. 

The Business and Regulatory Impact Assessment has also been revised to include further information, as highlighted by respondents, and to answer queries raised. 

We sought your views on the proposal for the Scottish Government to seek the Parliament’s approval to extend the duration of Part 2 Order Making Powers in the Public Services Reform (Scotland) Act 2010 for a further five year period from June 2025 to June 2030.  The consultation opened on 16 December 2024 and closed on 10 February 2025.

You provided us with 21 responses to the questions in our consultation. The responses came in from 15 organisations and six individuals.

With regards to the proposal to seek Parliament's approval to extend the Part 2 Order Making Powers for a further five years, our analysis of the responses found that 16 were in agreement, four opposed and one was neutral with no response given.

We published the responses to the consultation on Citizen Space, where permission has been given to do this.

We also published a consultation analysis report on the Scottish Government website.

As the responses received clearly support the proposal to seek Parliament’s approval to extend the order making powers for a further five year period, we took the necessary action to allow Parliament to consider and scrutinise the request to extend the powers. The Minister for Public Finance gave evidence in relation to this at the Finance and Public Administration Committee on 11 March 2025, where the committee approved the motion to extend these powers. Parliament approved them on 26 March 2025. The Minister for Public Finance signed the SSI (Scottish Statutory Instrument) on 27 March 2025 and this will take effect from June 2025. 

The public consultation sought views on proposed changes to clarify the status of digital assets as objects of property in Scots private law.

21 written responses to the consultation were received. We had a mixture of responses from individual respondents and respondents on behalf of representative bodies and organisations, mainly from the legal and financial services/fintech sectors.

Stakeholders overwhelmingly supported that primary legislation is the most effective way to resolve uncertainty regarding the status of digital assets in Scots private law. 

There was some divergence in responses regarding the scope of potential future legislation, particularly in terms of the recommended legal classification and defining characteristics of digital assets.

There was broad agreement that digital assets should be classified as incorporeal moveable things. On ownership and the transfer of ownership, most respondents agreed that control over a digital asset should generally be the basis for establishing ownership.

View the consultation analysis report

Where permission to publish has been provided, the consultation responses are now available to view online.

After carefully considering all responses, Scottish Ministers have decided to introduce a Digital Assets Bill as outlined in the Programme for Government 2025 to 26.  The consultation demonstrated strong support for clarifying the legal status of digital assets in Scots law by primary legislation.

We asked for your views on a set of draft regulations to transfer the Police Appeals Tribunal (PAT) into the First-tier Tribunal for Scotland. The consultation asked ten questions around various proposals regarding the transfer of the PAT. The questions asked were a mix of open and closed questions. The consultation opened on 30 October 2024 and ran until 22 January 2025.

There were seven responses to the consultation. Six (86%) came from organisations and one (14%) came from an individual. There was strong support for some of the proposals such as the procedure for the notice of appeal to be submitted followed by a reply from the respondent and for the routes of onward appeal from the PAT. There was broad support offered for proposals around the potential payment of expenses and the publication of decisions. Respondents to these questions agreed with these proposals but suggested that matters such as the circumstances of each case and data privacy concerns should be important considerations.

There was mixed support for the proposed membership of the PAT. Three responses were in favour of maintaining the current membership arrangements of three legal members while three responses felt there should be members with policing and lay experience.

The response to the open questions gave helpful feedback on some of the technical provisions within the draft regulations or made more general suggestions around clarifying certain procedure rules and the effect of recent primary legislation. There was also support for some of the general practices of the First-tier Tribunal, for example, the role of supporters, being included in the Procedure Rules.

The views given on the proposed draft regulations will be used to inform the process of finalising the set of draft regulations regarding the transfer of the PAT. We will consider carefully all of the points raised when finalising the draft regulations.

We are grateful for the detailed responses to many of the questions and would like to thank everyone who responded. We have published the nonconfidential responses to the consultation (see links below).

View submitted responses where consent has been given to publish the response.

The full government consultation response has been published on the gov.scot website: Police Appeals Tribunal - transfer to First-tier Tribunal for Scotland: consultation analysis and response.

We asked for views on the proposed introduction of fixed penalty notices for offences under; 

•  The Environmental Protection (Single-Use Vapes) (Scotland) Regulations 2024, 

• The Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021,  

• The Environmental Protection (Cotton Buds) (Scotland) Regulations 2019 and, 

• The Environmental Protection (Microbeads) Regulations 2018. 

We sought your views on the levels at which we propose these penalties should be set, and asked for any comments in relation to other provisions in the Regulations.  

We received 25 responses to this consultation. Of these, 11 responded as individuals and 14 on behalf of an organisation. Responses were primarily provided by Local Authority Trading Standards.  

An overwhelming majority of responses were supportive of the introduction of fixed penalty notices. Key points raised included extending the payment deadlines for fixed penalty notices, the introduction of an appeal mechanism for retailers if they believe an FPN was issued in error without an impact of the discount for early payment, raising the level of penalties set for fixed penalty notices, the importance of alignment with other UK nations, and the introduction of forfeiture and destruction provisions for single-use vapes supplied in contravention of the Vapes Regulations.  

In response to feedback provided, we made the following changes to the Regulations: 

• Amended the wording to remove the reference to online payments, to enable local authorities to utilise the most appropriate payment method in their area, as not all local authorities have an online payment system. 

• Extended the payment deadlines to 14 days for discounted payments and 28 days for full payments for FPNs under the Vapes Regulations. This brings the deadlines in line with those in the Tobacco and Primary Medical Services (Scotland) Act 2010 (TMPS), which Trading Standards officers (who are also responsible for enforcing these Regulations) are experienced at enforcing and under which FPNs are regularly issued. 

• Included provision for a direction-making power in the Vapes Regulations which will enable the Scottish Ministers to direct that single-use vapes supplied in contravention of the regulations are to be treated as waste and disposed of or treated as appropriate. This brings the Scottish Regulations in line with similar provisions in the other UK vapes regulations. 

We agreed with the importance of alignment across the UK nations with regards to enforcement, and therefore opted to keep the proposed level of penalties as are set out in the draft Regulations. 

The full government consultation response has been published on the gov.scot website: Environmental Protection (Single-Use Vapes) (Scotland) Regulations 2024 - fixed penalty notice amendment consultation: response  

We asked for views on a minor amendment to road works legislation. We sought views on the proposal to revoke the Scottish Statutory Instrument which accounts for the target cost of operating the Scottish Road Works Register and replace it with a new Regulation to account for the overall running cost in the 2025/26 financial year. The projected running cost for 2025/26 will increase to £1,008,819 from £901,314.

In total, nineteen responses to the consultation were received, primarily from roads authorities.  Seven responses were from individuals, three from statutory undertakers. Brief analysis of these responses is detailed below.

There was strong support for the proposal; sixteen of the nineteen responses gave support for the proposal. Two statutory undertakers and one individual were not content with the agreed cost sharing matrix developed by the Roads Authority and Utility Committee (Scotland).

Of the two undertaker responses in opposition to the proposal, one made no alternate suggestions but commented that road authority activities have largely increased. Whilst there has been increase in noticing of work carried out by road authorities, there was still a continuation of increase in utility works and at present utilities carry out 73% of the works. Another undertaker suggested a new splitting model for future years in addition to opposing the current one. 

The consultation responses have been carefully considered, most of the respondents supported the proposal to replace the 2024 Scottish Statutory Instrument. As a result, we will now revoke the Scottish Statutory Instrument, “The “Scottish Road Works Register (Prescribed Fees) Regulations 2024”, and replace it with a new Regulation as proposed. 

The public consultation sought views on proposals to extend marine planning zone boundaries to resolve an existing gap in aquaculture planning regulations.

53 responses were received from a wide range of stakeholders, of which 29 were from groups or organisations and 27 were from individual members of the public.

A number of respondents who agreed with the proposals commented that they would close a regulatory gap, ensure developments were appropriately assessed under existing regulations and allow farms to be located further from the shore in line with developments in aquaculture equipment technology.

A number of issues were raised both by respondents who disagreed with the proposals and those who agreed. The points raised were wide ranging, but some key themes emerged including concerns regarding regulators capacity,  the assessment of proposed developments and impacts on other marine users.

View the consultation analysis report

Where permission to publish has been provided, the consultation responses are now available to view online.

Following careful consideration of all the responses received, Scottish Ministers have decided to bring forward a Scottish Statutory Instrument to extend marine planning zone boundaries as proposed in the consultation paper.

We consulted on the investigative powers for the Scottish Pubs Code Adjudicator under the Tied Pubs (Scotland) Act 2021, suggesting criteria for investigation, enforcement and financial penalties. 

Feedback included the formality of the investigation process, the costs of the process and their potential impact on the sector, ensuring fair treatment between businesses of different sizes in the sector, and the initial and upper limits for financial penalties.

We will consider this feedback in developing and publishing an investigation policy in advance of the commencement of the investigation and enforcement provisions in the Tied Pubs (Scotland) Act 2021. 

We sought your views on the introduction of a Scottish Building Safety Levy (SBSL) to provide funding for the Scottish Government’s Cladding Remediation Programme. The consultation opened on 23 September 2024 for a period of eight weeks, closing on 18 November 2024. The consultation invited responses to a range of open and closed questions on aspects relating to the SBSL, including the strategic context for the tax, scope, calculation, operational considerations, and impacts. 

The consultation received a total of 78 responses, mostly from property developer organisations and other housing/property stakeholders. The consultation was accompanied by a programme of engagement with industry stakeholders and prospective taxpayers, and through an Expert Advisory Group. 

Most responses were from those operating within the residential property development sector who were opposed to the introduction of the SBSL, with concerns raised that this would place a further cost burden on the housebuilding industry which is already contributing towards the cost of cladding remediation. Responses emphasised the need to consider the impact of the SBSL on housebuilding within a wider context of cumulative impacts and regulation on the sector, and of the housing emergency and the importance of building new homes.  

There was strong support from respondents to mitigate impacts of the SBSL on affordable housing, on smaller developers, and on island and rural communities. 

The Scottish Government is grateful to everyone who engaged with and provided a response to this consultation. Responses have been analysed in a report which has been published following the introduction of the Building Safety Levy (Scotland) Bill on 5 June 2025. Where permission has been given to do so, responses have been published on Citizen Space. 

We recognise the general opposition to the introduction of the SBSL but note that no immediate alternative solutions are being offered by respondents to address the funding challenge associated with cladding remediation. 

In lieu of the SBSL, the Scottish Government would be required to fund its Cladding Remediation Programme through its existing capital budget envelope or through changes to other devolved taxes. Neither of these options would meet Scottish Ministers’ objective of ensuring that there is parity in the funding arrangements between the Scottish and UK governments, and that the costs do not fall directly onto homeowners or disproportionately onto the general taxpayer.  Work on the SBSL has balanced the need to raise revenue for cladding remediation efforts with minimising any potential impact on the housebuilding sector, including providing exemptions for affordable housing and housing built on islands, and providing an annual levy-free allowance to protect smaller developers. 

The Scottish Government asked for your views on proposals to implement a minimum charge on single-use beverage proposals. Topics included:

• Charge level
• Scope of the charge
• Use of net proceeds
• Enforcement
• Implementation
• Impact assessment results

There were 1,068 unique respondents to the consultation. Over 800 responses were submitted by individuals with the remaining amount submitted by businesses.

Views on these initial proposals were mixed, with no clear agreement on how best to deliver the charge fairly and effectively.

We want to thank everyone who took the time to respond to the consultation.

The analysis of the consultation responses and responses to the consultation, where permission has been given, have been published.

We are now taking time to fully consider the issues raised to ensure the charge is effective, proportionate, and fair.

We will continue to work closely with stakeholders to develop an approach that is deliverable and allows businesses and consumers time to prepare, including through working with the Single-Use Disposable Cups Charge Advisory Group.

We will also continue to develop measures aimed at tackling the consumption of problematic single-use items and promoting uptake of reusable alternatives.

For your views on various parts of the Scottish Pubs Code. Topics covered within the consultation paper included: Market Rent Only leases, guest beer agreements, information for prospective tenants, rent assessment, flow monitoring devices and gaming machines.

The consultation was launched on 17 September 2024, and was a short, targeted consultation drawing upon concerns raised by stakeholders following the making of the Scottish Pubs Code Regulations 2024. The proposals were informed by workshops that were carried out with tenant and pub-owning business representatives.

The consultation closed on 4 November 2024 and asked 20 questions. A total of 21 responses were received from stakeholders and individuals.  16 were from groups or organisations (eight Pub-owning businesses, six Representative bodies and two Campaign groups) and five from individual members of the public.

The Scottish Government’s analysis of the consultation has been published as well as the consultation responses (where permission was granted).

The responses to this consultation will inform proposed Ministerial changes to the Scottish Pubs Code.

The intention is for an amending Scottish Statutory Instrument (SSI) to be laid in the Scottish Parliament in January 2025 and, subject to the parliamentary process, for it to come into effect on 31 March 2025. The code will be subject to statutory review, with the first review period ending on 31 March 2026 and further reviews due every 3 years thereafter.

We asked for your views on proposals for children’s hearings redesign.  The consultation focussed on potential legislative changes required to redesign Scotland’s children’s hearings system to build on its strengths so that it can deliver the best possible experience to the children and families in need of its support.

The consultation opened on 26 July 2024 and closed on 28 October 2024.

105 responses were received across the 13 week consultation period.  Of those 105 responses, 56% were from organisations, and 44% were from individuals. The consultation was supported by a series of online and in person engagement events throughout August, September and October which reached over 500 people.

The wide ranging responses to the consultation and the lack of consensus between many respondents on several of the areas in the consultation reflects the fine balance and interaction between the various sensitive issues at play and the complexity of redesigning the children’s hearings system. 

The Scottish Government commissioned The Children and Young People's Centre for Justice (CYCJ) to undertake an independent, impartial analysis of the responses to the consultation.  This analysis was published in early 2025, the responses themselves will also be published (where permission to publish was given).

We are carefully considering what we have heard during the consultation process to help inform development of future legislation and practice and will continue to engage with key stakeholders along with representatives of those with lived and living experience of the children’s hearings system in Scotland. 

We consulted on our initial proposals for a Scottish equivalent to the Passivhaus standard between July and October 2024.

We asked for your views on a range of key topics relating to determining the principles for a Scottish equivalent:

• Identifying the components of an equivalent standard.
• Proposals to improve the setting of energy performance and ventilation standards for new buildings, leading to lower energy demand (and reduced running costs) and a healthy indoor environment.
• Proposals to improve assurance that the design intent for energy performance and ventilation standards for new buildings is achieved in practice.
• General topics which are material to the ongoing development of energy and environmental standards set by building regulations.
• The proposed updated programme to deliver the current energy standards review and the commitment on a Scottish equivalent to the Passivhaus standard.
• Notes on the proposed amendments of regulations.

Consultation activity ran from 31 July 2024 to 23 October 2024 and received a total of 350 responses. 186 were from organisations and 164 were from individuals. Of the responses received, 64 respondents instructed that their responses should not be published. Of these 64 responses, 25 were from individuals and 39 from organisations.

Accordingly, following final QA checks, 290 consultation responses were published on the consultation page.

Responses represented a range of views and offered useful insight into many aspects of the proposals. The consultation analysis report is now published.

• Determining the principles for a Scottish equivalent to the Passivhaus standard - Analysis of Consultation Responses - gov.scot

Following review and consideration of responses to the consultation and focussing on items that may require modifications to the Building Regulations to satisfy Mr Rowley’s final Bill proposal, it is our position that only limited changes to regulations are needed to support an outcome, up to and including that delivered through the voluntary Passivhaus Standard.

In respect of how we set performance requirements, the Scottish Government is content that the current regulations and schedule of mandatory standards within The Building (Scotland) Regulations 2004 already provide the necessary legislative provisions to give effect to the final proposal for a proposed Domestic Building Environmental Standards (Scotland) Bill. The outcome being ‘to introduce new minimum environmental design standards for all new-build housing to meet a Scottish equivalent to the Passivhaus standard, in order to improve energy efficiency and thermal performance’.

Changes that are necessary to legislation have been identified and these relate to building standards processes. In particular, the mandating of information needed to demonstrate to verifiers that compliance in both the design and the construction of buildings is being taken forward correctly. We can confirm that regulations amending The Building (Procedure) (Scotland) Regulations 2004 were laid on 12 December 2024. These introduce a requirement for developers to provide an “energy and environmental design statement” with building warrant applications and an “energy and environmental construction statement” with each completion certificate. These statements will describe how the design and construction of the building complies with paragraphs 3.13, 3.14, 3.28, 6.1 to 6.7, 6.10, 7.1 and 7.2 of schedule 5 of the Building (Scotland) Regulations 2004. These are the mandatory standards relevant to the delivery of energy and environmental performance.

Part 1 of the Scottish Government response to the consultation, which covers regulatory amendments, is now published.

• Determining the principles for a Scottish equivalent to the Passivhaus standard - Scottish Government Response Part 1 - Regulatory Changes - gov.scot

Part 2 of the Scottish Government response to the consultation will follow in early 2025.

Next Steps

The July 2024 consultation proposed an implementation date of 2028 for the new standards and there was widespread support for this. To enable the construction sector to prepare for the changes an implementation date of 31 March 2028 was set out in the regulatory amendments.

We will continue to work with the Working Group and wider industry stakeholders through 2025, informed by response to this consultation, to agree and develop the detail of changes to how we set energy and environmental standards for new buildings with the aim to publish revised standards in early 2026.

Regulatory amendments

Amendment to regulations are published here: The Building (Procedure) (Scotland) Amendment Regulations 2024

The consultation aimed to gather views on modernising the Adults with Incapacity (Scotland) Act 2000, with a particular focus on:

• Improving access to justice for adults affected by the AWI Act
• Shifting the focus of the AWI Act to one that truly centres on the adult
• Enabling adults to access rights more easily
• Ensuring adults are supported to make and act upon their own decisions for as long as possible
• Ensuring that when an adult cannot make their own decisions despite support, that their will and preferences are followed unless doing so would be to the overall detriment of the adult
• Setting out proposals for reform concerning authority for research

Whilst it was clear from the consultation responses that there is strong support to modernise the AWI legislation, risks relating to European Convention on Human Rights (ECHR) non-compliance in relation to deprivation of liberty cases emerged.

Specific concerns were also raised in relation to resourcing AWI practice, the need for greater awareness and access to independent advocacy and a need for a more granular level of detailed to be provided to allow fuller consideration of reform proposals.

We concluded that there is the need for a more detailed approach to be developed to ensure we can bring forward solutions consistent with ECHR legislation and that further work must be prioritised ahead of bringing forward a Bill in this area. 

Between 19 August and 14 October 2024, the Scottish Government consulted on proposed fisheries management measures within Scottish Offshore Marine Protected Areas (MPAs). In total, management measures for 20 MPAs were consulted on, with 15 of these sites having two options proposed (either zonal or full site closure) and the other five only having one option proposed (full site closure). Views were also sought on a proposed amendment to the boundary of the West of Scotland MPA. 

Additionally, the consultation asked for views on a range of supporting documents, including Sustainability Appraisal (SA), draft Fisheries Assessments, Strategic Environmental Report (SEA), Socio-Economic Impact Assessment (SEIA), partial Business and Regulatory Impact Assessments (BRIAs) and partial Island Communities Impact Assessment (ICIA). 

The consultation included a mix of closed and open-ended questions. 

In total, the consultation received 3,881 valid responses, with 97% submitted by individuals and 3% by organisations. Campaign responses accounted for 95% of submissions. 

Responses to the consultation revealed a fundamental divide between advocates of conservation and industry stakeholders when it came to proposals for zonal or full site measures. 

Respondents preferring zonal measures argued that these approaches were informed by extensive stakeholder collaboration and designed to balance environmental objectives with the continuation of fishing activities. This approach was also viewed as vital for maintaining economic resilience and food security.  

However, critics of zonal measures warned of potential fragmentation in protection, arguing that leaving certain ecological features unprotected could compromise conservation goals and fail to adequately address the pressures on sensitive habitats and species. 

Advocates for full site measures stressed the necessity of comprehensive protection to restore ecosystems to favourable conservation status. These respondents argued that full site approaches better align with international conservation obligations and enhance resilience to climate change by preserving biodiversity. 

Regarding the proposed boundary amendment to the West of Scotland MPA, half of respondents (50%) were in favour with only 10% expressing opposition. The remaining 40% of respondents expressed neutrality. 

In relation to the supporting documents many respondents urged for a more balanced set of assessments, incorporating comprehensive cost-benefit analyses and long term ecosystem considerations. They wanted more emphasis on economic benefits of measures and a greater consideration given to potential displacement impacts of fishing activity. In relation to the SEA, some respondents expressed approval that it provided a good summary and, due to the current lack of benchmark evidence, it is useful for future reference as a point of comparison. 

The Scottish Government is grateful to everyone who engaged with and provided a response to this consultation. Responses have been collated and analysed to produce the consultation analysis report which was published on 31 January 2025. The report is available to read online: Fisheries management measures within Scottish Offshore Marine Protected Areas (MPAs): consultation analysis. 

The key findings from this report will be taken into account when decisions on management measures and the West of Scotland MPA boundary are made later this year. The intention is for relevant Scottish Statutory Instruments (SSIs) to be laid in the Scottish Parliament and, subject to the parliamentary process, for these to come into effect in 2025. 

We asked for views on the use of ‘apparatus plans’ and held a public consultation which was open for 12 weeks from 11 July 2024. There was also an additional three questions on the ‘Street Works Qualification’ regime.

In total 53 responses to the consultation were received: twenty-four came from current managerial/supervisory staff working within the industry. In terms of operatives, individuals working for both utility firms, roads authorities and their supply chain provided responses. There were also three responses from organisations responsible for setting best practice, the direct provision of plans (“others”), or informing policy making, including Scotland’s regulator of road works, the Scottish Road Works Commissioner. One response was received after the deadline but has been included in the analysis in the interests of representing as wide a set of views as possible.

We are grateful to everyone who took time to share their views and provide a response to this consultation. The consultation analysis report can be found here.

All responses have been fully considered. We will now use the responses to inform a proposed supporting SSI that prescribes the data set that should be supplied to Vault.

This consultation was about learning more on the right scaffolding of support that young people leaving care and moving into adulthood should have available to allow them to thrive in their futures.

In February 2020, Scotland's Independent Care Review published a series of reports, including The Promise. The Promise spoke about a vision and told Scotland what it must do to make sure that all children and young people are loved, safe and respected so that they can reach their full potential.

We are committed to keeping The Promise by 2030, by making sure that all children and young people with care experience are given the support they need to thrive as they move into adulthood and more independent living.

On 11 July 2024, the Scottish Government launched a consultation on ‘Moving on’ from care into adulthood, inviting views on a wide range of issues impacting young people as they transition from care. This 12 week public consultation closed on 3 October 2024, and 69 responses were received from young people, and those supporting them; including public, private and third sector organisations, and individuals.

Alongside the written consultation exercise, the Scottish Government undertook a series of engagement events to discuss the issues impacting young people as they transition from care with a range of stakeholders and young people. In total, over 100 people attended these events, including 29 young people.

The voices of children and young people were essential to the consultation, and through the Children and Young People Participation Framework, the Scottish Government commissioned Who Cares? Scotland and Barnardo’s Scotland to consult with children and young people with experience of care (up to age 26) on the transition from care into adulthood. Between November 2024 and January 2025, a further 34 care experienced young people (aged 9 to 25) from across Scotland shared their views and experiences.

We asked for your views on improving Scotland’s support services for young people transitioning from care to the next stage of their lives.

The consultation was launched in response to the Programme for Government 2023-24 commitment to hold a public consultation on the support available for young people with care experience when they become adults. 

The consultation asked 41 questions to find out how we can ensure that young people with experience of care can move into adulthood with the right level of financial and practical support in place at the right time to enable them to thrive.

The voice of young people with care experience was key to this process and views were sought on areas such as planning and preparation, Continuing Care, Aftercare, health and wellbeing support, education, employment and housing.

The Lines Between undertook a formal analysis of consultation responses, and this was published on 6 January 2025. Consultation responses were also published where permission was given.

The responses to this consultation and engagement events will help inform the development of guidance and policy, and the consideration of legislative change, which will support young people leaving care.

We are working across the Scottish Government to reflect upon, and respond to, the consultation feedback. We are also working with our partners and stakeholders, including people with experience of care, to develop our actions.

We have outlined below some of the relevant work ongoing throughout the Scottish Government. Where possible, we have grouped our intentions, developments and actions in line with the categories outlined in the consultation, for ease of reference.

1. Planning, preparation and accessing Information Services and Support – You said: Access to information helps young people, their families and those supporting them know the process clearly at all points, and to understand their rights. Respondents highlighted that gaps in staff knowledge, lack of engagement between children and their service providers, and challenges in multi-agency working were all barriers to people with experience of care being able to access information about their support. Respondents asked for more clarity through guidance, staff training, inclusive practices and information sharing with young people and their families or supporters in this process, and the need to improve the commencement of planning for this process at an early stage.             
2. Continuing Care and Aftercare - You said: Moving into adulthood can be challenging for all young people. Continuing Care and Aftercare services aim to support young people with experience of care through this period of their lives. Respondents spoke of practical and financial barriers to providing Continuing Care, and the extra considerations required in residential care and foster care when young children and older young people live in the same home. Several respondents expressed a view that Continuing Care and Aftercare eligibility should extend to include other groups of young people with care experience.        
3.  Support for specific groups leaving care – You said: Again, the need for improved planning, robust systems and multi-agency working was highlighted by many, and the need to ensure that clear person-centred pathways and adequate support are available to our young people, and those who support them. This was across all groups, but felt to be particularly significant where young people may have complex needs, for example Unaccompanied Asylum Seeking Children, those with complex health needs, young parents or children and young people who are leaving Secure Care or Young Offender Institutions. A more joined-up approach, particularly between Children’s and adult services was called for. Trauma informed training, more effective multi-agency working and consistent practices implemented nationally were all reported to offer a solution. Guidance, toolkits and training were suggested as ways to achieve this, as well as upskilling staff with awareness of information on entitlements, processes and services.                                                          
4. Peer and lifelong suport - You said:  Maintaining relationships between those who have left care and the adults who supported them while they were in care was another common theme raised, as well as the benefit of peer support in helping young people as they leave care and their caregivers being able to establish support networks.                                   
5.  Health and wellbeing – You said: Respondents highlighted the importance of the development and signposting to comprehensive services that are consistent across the country for all that need to access them, with good transition links between Children’s and adult services, especially in mental health services and services for those with complex health needs. Better resourcing of mental health supports and a ‘joined up’ approach to services was called for, supported by family or carer involvement at an early stage.                                                                       
6.  Housing – You said: Some respondents called for changes to legislation and addressing the current housing crisis to ensure young people with care experience are not forced to declare themselves homeless in order to access housing. Inconsistency in the availability of suitable housing was also highlighted. A lack of support and multi-agency working, dedicated staff, information and signposting around housing was also highlighted.                                                                                    
7.  Education – You said: Views on funding for education were generally positive, however improvements suggested included making the grant application process more accessible for all people with care experience in terms of supporting evidence and providing a consistent funding package across a full period of study. There were also calls from young people to provide training in life skills to help them make the transition to adulthood, with a particular emphasis on money and budgeting.                
8. Employment – You said: Supported work experience and voluntary opportunities was suggested by some respondents, with calls for the Scottish Government to lead the way by providing priority places to those with experience of care. Careers advice, along with mentoring and interview preparation and support was also called for. Educating employers and the workforce on the needs of those with care experience was again highlighted.                                                                                 
9. Workforce training, trauma informed practice, consistency and transparency in service provisions - You said: The importance of ensuring all young people get equal access to the support and services they need to thrive during their transition, regardless of where they live in Scotland, was another common theme. Respondents noted the importance of clear care or pathway plans. Several respondents suggested clear guidance from the government would ensure multi-agency collaboration and learning, and information sharing across departments. Another common theme was the need to reduce stigma through raising awareness of care experience by fellow students or employers, including trauma-informed training sessions for staff working with people with care experience across public and private sectors. Trauma informed training and practices appeared across the consultation in respect of all groups who came into contact with those with care experience.

1. Planning, preparation and Accessing Information Services and Support – We did: We will continue to engage with colleagues across Scottish Government on the development and implementation of policies which help improve the transition between children’s and adult services. The Scottish Government will continue to work in partnership with stakeholders to better understand local challenges around the consistent, high-quality implementation of Getting it right for every child (GIRFEC), which promotes well-planned and supported transitions by providing a single, shared and strengths-based approach to planning. This will include working with local GIRFEC leads to identify where GIRFEC practice guidance requires further promotion across services, and building an understanding of how the workforce can be further supported to engage consistently in multi-agency working. We will also work in partnership with NHS Education for Scotland to further promote, review and evaluate two new GIRFEC e-learning modules which were launched in December 2024 to support knowledge and understanding across the workforce of the GIRFEC approach and its application in everyday practice.

   We are currently exploring an online information platform which is intended to improve knowledge of available services for young people with care experience. We are working with our stakeholders in an effort to improve multi-agency working. 

2. Continuing Care and Aftercare – We did: Clear and concise guidance helps young people, their families and those supporting them understand their rights. We have committed to reviewing and refreshing our guidance on Continuing Care and Aftercare, and are working closely with Scottish Government colleagues, including those in foster care, residential care and kinship care to ensure support is consistent for all across our guidance. Working groups are being established with practitioners in the sector to ensure changes are impactful and equip the workforce to better meet the needs of our young people. In response to your feedback, our commitment to keeping The Promise includes the consideration of legislative change, where required.

3.  Support for specific groups leaving care – We did: We are working with colleagues across Scottish Government in key areas to ensure that young people with additional needs get the tailored support they need to thrive. It is important to emphasise that Unaccompanied Asylum Seeking Children have the same entitlement to Continuing Care and Aftercare supports as other eligible young people who are looked after in Scotland and we will ensure this is made clear in our guidance refresh.

   Examples of some of the work going on across the Scottish Government in these areas are noted below:

   The increasing number of Unaccompanied Asylum Seeking Children in Scotland led to the Scottish Government increasing funding for the Guardianship Scotland service in 2024-25, to support those who may have been a victim of, or may be vulnerable to becoming a victim of, human trafficking. This increased funding has been continued in the new contract for the service from April 2025.

   The Scottish Government invest in the Independent Living Fund Scotland’s Transition Fund to support disabled young people between the ages of 16 and 25 through their transition to adulthood.  Over 11,300 awards from the Fund have been made to young people since it opnened at the end of 2017, totalling nearly £22 million, making a positive difference to the lives of thousands of young people.  

   Respondents on Secure Care called for clear pathway plans with a consistent set of rules and clear guidance in place. This information is already in place through the Scottish Government’s Secure Care Pathways and Standards. This sets out the support children should expect from professionals when in secure care, and what is required from local authorities. We will continue to work with the Convention of Scottish Local Authorities (CoSLA) and other partners to understand and address any barriers that prevent these pathways and standards being followed.

   Being a parent can bring challenges for anyone who cares for a child. For young parents with experience of care, the Family Nurse Partnership programme has been delivered in Scotland for 15 years. This programme acknowledges the additional support that is needed for young parents with experience of care, who may also experience stigma which can be a barrier to accessing and receiving services. Since 2022, the Family Nurse Partnership programme has extended support for first-time mothers who are care experienced up to age 25, and all first-time mothers up to age 21, where there is capacity. The programme delivers intensive tailored support to young first time mothers and their children in their own homes by specially trained nurses. It works to build pathways into community supports which address social and economic factors, such as welfare, education, employment and money advice.

4.  Peer and lifelong support – We did: The importance of peer support and maintaining lifelong links will be promoted and encouraged as we work closely with other policy areas in Scottish Government and with our stakeholders.                                                                                                 

5. Health and wellbeing – We did: We are working with colleagues across the Scottish Government and with our stakeholders to support improvements in these areas. The Transition Care Plan guidance describes the standards required in the planning of good transitions for young people moving from Child and Adolescent Mental Health Services (CAMHS) to Adult Mental Health Services for 18-26 year olds with care experience. This approach allows flexibility to continue care and treatment with CAMHS where this is in the young person’s best interests rather than any automatic transfer to adult services, including using a staged approach to transitions. The National Child and Adolescent Mental Health Services Specification requires a robust Transition Care Plan for those children and young people who are more at risk of adversity too.

   The Child and Family Mental Health Joint Strategic Board, led by the Scottish Government and the Convention of Scottish Local Authorities, is taking a whole-system approach to improving children and young people’s mental health. This includes focusing on four early priorities, improving support for children and young people in distress and crisis. This includes those in the most at risk groups, such as those who have care experience.

   The 18-week CAMHS national performance standard has been met, with 90.6 per cent of children and young people starting treatment within 18 weeks of referral. That progress has been made due to an increase in CAMHS staffing levels by 63%. We are making progress on the achievement of the CAMHS performance standard through a combination of early intervention and enabling the service to focus on those children with the most acute needs.

   The Scottish Government understands the importance of early intervention and prevention in supporting children and young people’s mental health. Since 2020, the Scottish Government has provided local authorities with over £65 million to develop and deliver these supports and services. Where appropriate, the services offer an alternative to CAMHS by providing support in a community setting.

   The Joint Strategic Board for Child and Family Mental Health is co-chaired by Scottish government and CoSLA. The Board have agreed 4 priority areas of crisis supports, prevention, children, young people and families in vulnerable situations (including the impact of care experience), and perinatal and early years mental health supports. The Board has two implementation groups focused on awareness raising and promotion, and barriers and access to support and services. Ensuring that children, young people, their families and practitioners are all central to policy development and decisions is a priority. This includes those in the most at risk groups, such as those who have care experience.

6. Housing – We did: Respondents noted the inclusion of housing considerations in their care plan. Social Work Scotland noted that the framework for inclusion of individual views on housing exists already in the process for pathway planning. The Scottish Government has linked with stakeholders to make improvements around planning and housing will feature in this consideration. Work is underway across the Scottish Government and with our partners to ensure that the response to the changes called for enables young people to access the co-ordinated housing support they need which will help them thrive.

   The Improving Care Leavers Housing Pathways report offers a step-by-step guide on how to prevent homelessness for young people leaving care. We will engage with colleagues from Housing as they work on implementing the recommendations of the ‘Improving Care Leavers Housing Pathways’ report.

7. Education – We did: In relation to financial education, Education Scotland are currently reviewing the curriculum in line with the Curriculum Improvement Cycle programme. Financial Education has been identified as one of the curriculum core competencies and Education Scotland are engaging with a wide range of practitioners and stakeholders, including children and young people, to review current Financial Education teaching and practice.

   Scottish Government provides funding to the MCR Pathways mentoring programme for young people with care experience. This is co-funded across the Education and Skills and Social Justice portfolios and multi-year funding has been agreed for 2025-26 and 2026-27 as part of the Fairer Funding Pilot.

   In order to improve the information available to care experienced students in Further and Higher Education, the Scottish Government worked with Widening Access teams across Scotland and Become, a charity for care experienced young people which hosts the Propel information website on support for care experienced people in further and higher education, to update and collate information for Scottish institutions.

   The Share Foundation deliver Stepladder Plus, a structured programme offered to every local authority in the UK which provides an incentivised financial education course for children aged 15-17 who have been ‘looked after’ for more than 12 consecutive months.

8. Employment – We did: The Our Future Now and Discovering Your Potential programmes, delivered by Inspiring Scotland and the Young Person’s Consortium respectively, continue to form an important part of post-school support for young people who are at risk of not transitioning to a positive destination and require additional help to move into employment, post-school education or training. These programmes have also received multi-year funding, agreed for 2025-26 and 2026-27 as part of the Fairer Funding Pilot.

   Through No One Left Behind, the Scottish Government and Local Government are working together with public, private and third sector partners to shape and deliver employability provision which responds to local needs. This includes working alongside childcare, education, housing, justice and health services, so that people can quickly and easily access the support needed to enter and sustain employment. The Scottish Government is committed to supporting all young people to achieve their potential.

   Developing the Young Workforce (DYW) aims to link young people with employers to support them to transition into the world of work. We will continue to engage with employability colleagues in the Scottish Government as they consider the employability landscape and highlight the need for specialist employability support in Scotland that recognises the distinct needs of those with care experience.  

   To acknowledge the challenges often faced by disabled individuals and those with care experience in their career journey, enhanced Modern Apprenticeship funding is available for individuals up to the age of 29.

   The Care Leavers Internship Scheme helps young people with care experience to develop their skills and confidence in a professional environment through an 18 month placement in departments across the UK Civil Service, including the Scottish Government. The scheme will open for applications on Civil Service Jobs over the summer.

   ​Our Employee Passport aims to help build an inclusive and supportive environment where everyone can perform at work to their best. Passports are voluntary, however everyone is encouraged to use them if they require a workplace adjustment to be considered. The Employee Passport criteria explicitly includes the potential need for support for colleagues with care experience.

     

9. Workforce training, trauma informed practice, consistency and transparency in service provisions – We did: All children need support when moving from childhood to adulthood, and when making decisions about their future. For young people with experience of care, support is needed to help with these transitions to give them the best start for their future. The Scottish Government has a joint ambition with CoSLA for a trauma-informed workforce and services across Scotland, supported by the National Trauma Transformation Programme.

   The National Trauma Transformation Programme provides free resources, guidance and support for implementation to help all members of the workforce and services understand the impact of psychological trauma, and to respond in ways which support recovery in those affected and avoid further harm.

   Since 2018, the Scottish Government has invested over £14 million in the National Trauma Transformation Programme and we are working with our stakeholders to develop a parenting resource to support kinship, foster, supported lodging carers and adoptive parents to provide trauma-informed care for their children and young people to help them to thrive now and in the future.

   Working with NHS Education for Scotland, initial learning materials and resources have been developed into a course. Initial small-scale testing took place in March 2025. We are continuing to work with stakeholders and carers as we consider our next steps to further test and develop this resource in 2025-26.

   The Trauma Responsive Social Work Services Programme aims to ensure Scotland’s Social Work services are given the necessary support and learning to recognise where people are affected by trauma, and to respond in ways which reduce risk of further harm and support recovery for children, young people and families. The programme will draw on the expertise of those with lived experience of care and trauma to deliver the programme.

Data Zones and Intermediate Zones are small area geographies used in the production of official statistics in Scotland. They were first introduced in 2004 and revised in 2014. The purpose of this consultation was to seek feedback from users on proposals to update these geographies to ensure that they remain fit for purpose.

We received responses from users across Scotland, including local authorities and other users. These responses made suggestions for how our proposed boundaries could be improved to better reflect local communities.

As a result of the feeedback we received we made a number of amendments to our proposed boundaries for Data Zones and Intermediate Zones. These were published in December 2024. You can find out more about the updated Data Zones and Intermediate Zones on the Scottish Government website.

We held a public consultation on media reporting on child homicide victims between 9 July 2024 and 1 October 2024

In the consultation we asked for views on a range of possible approaches - both legislative and non-legislative - to reducing the trauma that media reporting can have on bereaved families, and on the wider impacts those approaches might have.

The purpose of the consultation was to gather views so that next steps could be informed by a wide range of insights and experiences.

There were 46 responses to the consultation. Of these almost two-thirds (30) were received from groups/organisations and one third (16) were received from individuals. The largest category of respondent was media organisations, who submitted 11 of the responses.

Overall, throughout the consultation there was a general split in opinion between media organisations, and individuals who have been bereaved and victim support organisations. Respondents’ views were particularly polarised on whether legislating for anonymity was the appropriate action to take, and none of the four options set out in the consultation paper was supported by a majority of respondents.

The analysis of the responses received can be found here: https://www.gov.scot/isbn/9781836911937

An easy read summary of the main findings is available at: www.gov.scot/isbn/9781836912484

We would like to thank all those who have taken the time to share their views and experiences, those who have been bereaved in particular.

We published an analysis of the consultation responses on 24 February 2025, it is available at https://www.gov.scot/isbn/9781836911937 

An easy read summary of the main findings of the analysis is available at www.gov.scot/isbn/9781836912484

NEXT STEPS

We do not intend to bring forward any legislation in this area.

The consultation has made clear that there would be serious complexities with developing legislation that avoided unintended consequences; that struck a robust balance between privacy rights and freedom of expression; and that could be enforced in practice.

However, many of the experiences highlighted in consultation responses vividly illustrate the need for more sensitive reporting on these cases. We therefore intend to work with stakeholders on the following non-legislative measures:

• Media guidance – the Scottish Government is committed to supporting the development of dedicated guidance for the media on sensitive reporting on child homicide cases, with a view to it being developed as a collaboration between victim support organisations and media representatives.
• Training - We are exploring the potential for journalism courses, newsrooms or regulators to offer bespoke training for journalists. We are also in discussion with justice partners about other work that could help in this area, including specialist training and guidance.
• Support materials for families - Victim Support Scotland, through its specialist service for families bereaved by crime, provides support and guidance for bereaved families on what to expect in terms of engagement with, and coverage by, the media. We are working with them on building this resource for wider use, such as guidance to support families in navigating the media interest in - and coverage of - the case, and to provide information on their rights throughout the criminal justice process.
• Further support for families - We are engaging closely with Victim Support Scotland to explore whether there are other practical interventions that would directly support affected families.