By Louise Hunter

THIS week, new provisions in the Children (Scotland) Act 2020 are being implemented in relation to brothers and sisters in care. This includes a diverse package of measures, but some of the most important relate to the separation and relationships of brothers and sisters within the care system.

At Who Cares? Scotland we provide independent advocacy to young people in care across Scotland. We’re also the only membership organisation for care experienced people in Scotland. Every year, the separation of brothers and sisters remains one of the top issues which we support young people with.

We’ve worked together with many other organisations as a proud partner of Stand Up For Siblings, to campaign for a change to legislation that better protects sibling relationships. We’ve heard evidence that up to 70 per cent of people in care are separated from their brothers and sisters, some over hundreds of miles and split across different countries.

We cannot underestimate the damage this does to lives and relationships. Our care system should be built on love. A key foundation for that love should be existing family relationships. Instead, these relationships are often problematised. Discussions come down to lack of resource or finance.

That is not the behaviour of a care system built on love.

Earlier this month, The Promise Independent Care Review published a document which details the level change so far. It’s frank and transparent. Change hasn’t happened yet. The Promise holds no punches in naming which stage Scotland is at on the delivery of those commitments and that kind of transparency is to be hugely commended.

Change in legislation alone will not transform the lives of children in the care system or adults who live with their experience of the care system. There have been many legislative changes which have sought to improve the lives of care experienced people. Much of this legislation is in implementation purgatory as the system wrings its hands about how to implement something which is already a legal obligation.

Who Cares? Scotland provides independent advocacy; this means that we do not provide any other services and are structurally, financially and psychologically separate from other organisations and interests. It also means we’re on the frontline of the impact of the care system. Every day across Scotland, we learn about potential rights infringements from young people.

The evidence we’ve gathered, demonstrates that some of those with decision making power, without the oversight of independent advocacy would treat legislation and upholding people’s human rights as an option, not a requirement.

This cannot happen when it comes to brothers and sisters being separated. The key to ensuring that these rights are upheld is independent advocacy. This is a recommendation made by the independent care review, which had unanimous agreement from across the care sector and political spheres.

If Scotland’s care system and those with power in the lives of care experienced people are committed to keeping the promise made in February 2020, then this would be a good place to begin that commitment.

Louise Hunter is CEO of Who Cares? Scotland