Uncovering the Impact of Section 25 of Children (Scotland) Act1995: A Closer Look with Consultant Social Worker Catriona Grant

In October 2024, the much-anticipated research report led by CELCIS explored the implications and effects of Section 25 of the Children (Scotland) Act 1995. This significant legislation has shaped the welfare of children in Scotland for three decades. Understanding its impact on social work practice is essential, especially as societal needs change. Among those leading this charge is Catriona Grant, a Consultant Social Worker for PAR, whose insights have been vital in shaping these findings.

The Role of Section 25

Section 25 establishes a legal framework for placing children in care without the need for compulsory measures. It empowers local authorities to arrange care for children who require support, prioritising their welfare as the core objective without applying for a Child Protection Order (CPO) or having to get a Place of Safety Order at a Children's Hearing. Parents should be in agreement and willing to work with the local authority to ensure their children's best interests.

According to recent data from the Scottish Government, over 15,000 children across Scotland were in care as of 2022. The effectiveness of Section 25 directly impacts these children’s lives and their families—especially their parents and siblings. Thus, it is vital to consistently examine how this legislation is implemented to ensure children's rights are protected universally. Surprisingly, in the 20-plus years, there has been no significant research into how S25 was actually utilised throughout Scotland.

Catriona Grant’s Involvement

With her extensive experience in social work, particularly with mothers who had experienced separation from their children and used s25, Catriona Grant was an advisor for the CELCIS research. Her practical insights from daily interactions with mothers who had had their children separated from them and her understanding of how legislative frameworks affect practice were invaluable.

“I have always believed in the power of collaboration in the field of social work; this is how we create evidence-based practice.” Catriona expressed why this research was important and why PAR should be involved. "Working with CELCIS provided a unique opportunity to shape our understanding of Section 25 and improve its application.” PAR mothers participated in the research, telling their stories and experiences.

Key Findings from the Research

One significant concern was the inconsistency in implementation across local authorities. While some regions effectively utilised Section 25—resulting in stable home environments for children—others faced substantial challenges. For instance, a survey indicated that only 60% of local authorities had defined processes for Section 25 placements, leading to uneven quality of care across the board. Many mothers who spoke to the researchers felt that they had been coerced into agreeing to s25, and their consent was not given freely as often they were told that if they did not agree to non-compulsory measures, the Local Authority would seek a Child Protection Order (CPO).

The research also highlighted the pressing need for enhanced training and resources for social workers. It underscored the importance of continuous professional development, as 40% of social workers reported insufficient training in current policies, significantly affecting their decision-making regarding children’s care.

Supporting the Voices of Parents

The research also emphasised the importance of amplifying the voices of mothers and fathers whose children are in care. Catriona Grant passionately advocates for creating platforms where parents can share their experiences and thoughts regarding their children, as their insights are critical in improving care practices and ethical approaches.

“Parent's voices must not only be heard but also valued and acted upon in social work decisions,” she asserted. “Their insights are critical in helping us improve care practices and to being more ethical in our approaches; parents should never feel coerced into agreeing that their children are taken into care; legal frameworks matter.”

Next Steps for Policy Reform

With CELCIS’s insights, a crucial question arises: What steps will follow regarding Section 25 reform? Should the implementation of the research be more training for social workers to understand the legal applications of understanding what non-compulsory arrangements and informed consent mean to parents and carers? There were differences in how parents' consent was acquired from team to team and from area to area. Mothers clearly stated that this process rarely felt like they had made an "arrangement" for their children to be looked after by the local authority. Parents, and parents used the term coercion; the researchers called the coercion "unintended coercion".

The research sets the stage for productive discussions among policymakers, social workers, and local authorities to confront the highlighted challenges.

Here is the report

Here is a webinar where the report is discussed by Researchers and members of the Advisory Board

A serene landscape represents the ideal care for children.