Looked-after Children

Part of the debate – in the Scottish Parliament at 9:55 am on 20 November 2008.

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Photo of Christina McKelvie Christina McKelvie Scottish National Party 9:55, 20 November 2008

When we offer a decent future to children, we offer a secure future for our nation. I am pleased that yesterday we took a small step towards achieving the ambition—as expressed in the instrument that was debated—of ending discrimination against, and stigmatisation of, some children, through the decision to pass the statutory instrument enabling the provision of free school meals to every child in primaries 1, 2 and 3. I presume that those who opposed that measure will take time to consider the evidence of the benefits of it over the next few years and will ensure that the additional benefits to society of the provision of that nutrition are examined properly.

As always, however, we must move on to another challenge. The inadequacies of provision for looked-after children are well documented, but that does not reflect the dedication and professionalism of the people who are involved in the provision of that care. Their efforts should be acknowledged by everyone, as they have been in the chamber. I assume that every member of Parliament will agree that their work should be applauded. Neither is it the case that we have had politicians ruling our country who would wish harm, neglect or failure to thrive on any child.

Much as the SNP Government is clearly superior, I cannot believe that any Scottish politician would want anything less than the best outcomes for all children in Scotland. The devil, therefore, is in the delivery.

I will focus on a couple of areas rather than try to cover the whole spectrum. I was pleased to learn recently that the Equality and Human Rights Commission's legal committee has agreed to inquire into the rights of looked-after children in accessing additional support for learning in Scotland. The additional support needs tribunal can hear appeals against local authority decisions about ASL provision, but children cannot bring appeals to the tribunal—only parents can do that, or those who have left childhood. On the other hand, sheriff courts can hear claims of disability discrimination in schools and children can bring claims in their own names. That seems to be an issue that we should address, especially for looked-after children.

No matter how dedicated the staff are, it is a lot harder for a person who is not the parent—natural parent, foster parent or adoptive parent—to ensure that they do not miss important points. The right of the child to speak for herself must also be clear. Unfortunately, that is not the only issue that we will have to address.

In 2005, Her Majesty's Inspectorate of Education identified problems for looked-after children in respect of implementation of the Education (Additional Support for Learning) (Scotland) Act 2004. In particular, the report identified concerns about access to service provision and advocacy services for looked-after children and young people. It also identified other problems in respect of communication with them.

I was, therefore, heartened by the commitment that was made in the chamber a few weeks ago to consider ways in which to incorporate into Scots law the United Nations Convention on the Rights of the Child. That has been welcomed by everyone in the chamber and by all the children's organisations that have contacted me in the past few weeks. The report recommended action by Government and children's services—we have a duty to ensure that we can deliver on that now. I am aware that the Cabinet Secretary for Education and Lifelong Learning, in her Opposition days, raised concerns about some of the measures in the 2004 act when it was going through Parliament. I am therefore confident that she will be determined to improve the legislation. I am also aware, however, that the bill progressed through Parliament on a consensual cross-party basis, and that no party can claim the moral high ground above any other. The whole Parliament—all the parties, some of which are no longer in Parliament—can take the credit for the legislation.

I look forward to the same consensual way of working throughout the passage of the Education (Additional Support for Learning) (Scotland) Bill. I understand that organisations that will respond to the stage 1 consultation will raise concerns about the additional support needs of looked-after children. I look forward to that engagement and to a multilateral attempt to address those concerns. I note that little—if any—research has been conducted into ASL needs and looked-after children. I hope that the ministers will take that into account in planning the next round of Government research and will seek to provide us with appropriate research findings in due course.