Kenny Graham is the Service Director of Spark of Genius, a member of the Scottish Children’s Services Coalition.
It is well acknowledged that too many care-experienced children and young people are not receiving the vital care and support they need to thrive in education, a point further reinforced in a recent report from the charity Who Cares? Scotland for the Children and Young People’s Commissioner Scotland.
The latest figures, from the 2022/23 academic year, show that those with no experience of the care system are twice as likely to leave school with at least one level five qualification, and nearly four times as likely to leave with at least one level six qualification, as those who have been looked after within the previous year.
In addition, exclusion rates for looked-after children are almost six times higher than the rate for all pupils and rose for the first time in 12 years in 2022/23.
Many of the media headlines generated by the report have focused on this issue of exclusion, including an increase in the informal exclusion of care-experienced young people, such as the use of drastic part-time timetables that offer as little as 30 minutes of education a week.
It also highlighted the continued use of formal exclusion, despite The Promise, an outcome of the 2020 Independent Care Review, calling for an end to both formal and informal exclusions for care-experienced pupils, with this to be enacted by 2024.
The Promise is Scotland's commitment to care-experienced children and young people, ensuring that by 2030 they will grow up loved, safe, and respected, with the ability to reach their full potential.
In addition to a call to end formal and informal exclusions, the report highlights the need for a whole-school approach to supporting care-experienced children, as well as a requirement for a statutory right to independent, relationship-based lifelong advocacy for all care-experienced people who need it.
An advocate is someone who provides support to individuals and families, helping them access information and advice. They can help individuals access the rights and benefits to which they are entitled and guide them through the legal advice and processes if required.
Teenager Cameron is one such individual who has benefited from the support of an advocate (case study taken from the Independent Care Review). He was taken away from his family when he was four, first living with foster carers, but they could not look after him long term, so he went to another foster carer nearby.
Cameron still gets to see his original foster carers, but when he moved between foster carers, he found it difficult to focus due to the constant changes in his care. He couldn’t concentrate and got angry in class, but his high school guidance teacher looked out for him and spoke to all his teachers about what he needed.
He made a point of getting to know Cameron’s foster carers and would often pop round after school for a cup of tea. Cameron was assigned an advocate who helped him understand his rights and was matched with a mentor who assisted him in thinking about his future.
The Promise, now five years old, sought to have the right to access independent, lifelong advocacy enshrined in law, and for this to be delivered by 2030. The Scottish Government has just published its Children (Care, Care Experience and Services Planning) Bill, which includes the provision of such a statutory right.
Too many individuals are missing out on the advice and support they desperately need, often when they need it most.
Scotland has an opportunity to lead the way, and the Bill provides the opportunity to deliver action on advocacy, and ensure that The Promise made to care-experienced children and young people is kept.
This article first appeared in TES Magazine on 23rd June 2025.
