MSPs pass Children (Care and Justice) Bill

As part of wider work to embed the United Nations Convention on the Rights of the Child (UNCRC) in law and to Keep the “Promise”, the bill contains a series of measures to improve children’s experiences of the care and justice systems, whether victims, witnesses or children who have caused harm. It ensures children are kept out of prison, ending the placement of under-18s in Young Offenders Institutions, with secure accommodation being the normal place of detention instead.

The bill also provides new reforms to support victims, including providing a clearer understanding of their right to request information from the Children’s Reporter and a new single point service for victims in the hearings system.

Further measures include:

• strengthened referral arrangements between courts and children’s hearings;
• enhancements around secure and residential care, including secure transport;
• improved regulation for cross-border placements, to ensure that these happen only in exceptional cases where a move is in the child’s best interests; and
• enabling secure care to support a young person past their 18th birthday, in appropriate circumstances.

Minister for children, young people and keeping the promise Natalie Don said: “Scotland is taking a big step forward in embedding UNCRC principles and Keeping the Promise by passing this bill. It contains wide ranging measures to ensure age-appropriate justice is delivered, ensuring children in Scotland are kept out of prison and supporting safe, proven care-based alternatives.

“The integrated, welfare-based, Kilbrandon ethos of our children’s hearings system is something Scotland can rightly take pride in and all children - whether in need, at risk or in trouble - deserve our concern and support. This bill will help ensure they get it. It equally provides a robust package of support for victims and their families, strengthened during Stage 2 and Stage 3 of the bill.

“This landmark bill is proof of the progress Scotland is making to Keep the Promise by 2030 and will be transformational for the most vulnerable children and young people in the country.”

The Promise Scotland chief executive Fraser McKinlay said: “The Promise Scotland is pleased that the Children (Care and Justice) (Scotland) Bill has passed the final stage of parliamentary scrutiny. Effective implementation of the bill will be critical. It must be accompanied by significant support for the workforce, along with adequate investment and resourcing.

“These important changes represent a significant step forward in Scotland’s efforts to Keep the Promise by 2030. It is clear that Scotland’s approach to care and protection must be based on early help and support alongside a more progressive, rights-based approach to youth justice that builds on the Kilbrandon principles, upholding children’s rights and increasing access to Scotland’s unique, welfare-based Children’s Hearings System.”