Transition Bill for disabled children needs more clarity, committee says

A proposed Bill which aims to support disabled children through their transition to adulthood lacks the required clarity, a Holyrood committee has said.

The Disabled Children and Young People (Transitions to Adulthood) Bill introduced by Labour’s Pam Duncan-Glancy would require a Scottish Government minister to be in charge of improving opportunities for young people.

It would also require local authorities to have plans in place for each disabled child and young person as they move into adulthood.

However after scrutinising the plans, the Education, Children and Young People Committee ruled there is not enough detail on how the Bill would work in practice.

In a letter to Ms Duncan-Glancy, committee convener Sue Webber said stakeholders had raised concern that the Bill differs from the existing legislative framework which refers to additional support needs rather than a disability.

Ms Webber wrote: “It is unclear who exactly would be covered by the Bill and how they would be identified.

“The use of the Equality Act 2010 definition of a disability is likely to entitle a much larger cohort of young people to a transitions plan than the number of young people currently supported by social services.”

Ms Duncan-Glancy said: “I’m pleased the committee have concluded that doing nothing is not an option.

“The cluttered and confused legislative landscape, which the committee has highlighted, is causing distress and leaving people falling off a cliff. No one is clear what is expected, the legislation is too weak, and no one is held accountable. Young disabled people are left fighting a system that is endlessly failing them.

“The evidence the committee heard, and the experiences people across the country have shared with me is clear, we need action. For every day that passes without the Bill being on the statue books, more disabled people will be left in the abyss.

“I’ll continue to work with COSLA, the Scottish Government and young disabled people and their families to make the case for this bill, which will give young disabled people the fighting chance they need.”

In its evidence sessions, the committee heard how the social sector is already strained on resources and staffing, with the letter adding that the MSPs are “not currently convinced” the proposals “will resolve the issues being experienced by young people”.

The committee also expressed concern for the need for diagnosis among young people in order to access a transition plan.

It said “requiring a diagnosis” would “present an additional barrier to receiving support for a number of young people at a crucial stage in their lives”.

However, the letter notes that “doing nothing is not an option”, and the committee will complete its scrutiny of the Bill with a stage one report once it has heard from Ms Duncan-Glancy and the Scottish Government.

The Bill considers children to be under 18 and young people to be aged 18-26.