Under-18s no longer detained in YOIs

Under-18s no longer detained in YOIs

Under-18s are no longer being detained in young offenders’ institutions anywhere in Scotland.

The remaining children previously detained in YOI Polmont have been moved into secure care settings, and no regulations which came into force last week provide for no new admissions of children under 18 to YOIs.

The Scottish government has provided funding of up to £7 million to cover the costs of secure care placements this financial year, in addition to £500,000 which has been offered to secure accommodation providers to support their preparations for the movement of the children.

The move follows the enactment of the Children (Care and Justice) (Scotland) Act 2024, which forms part of the Scottish government’s efforts to embed the United Nations Convention on the Rights of the Child and to Keep the Promise.

Minister for The Promise Natalie Don-Innes said: “We have been moving at pace since the Children (Care and Justice) (Scotland) Bill received royal assent in June to implement this reform and ensure no under 18s will be detained in a young offenders’ institution from now on, moving to suitable settings such as secure care.

“This move will ensure children in conflict with the law are placed in safe suitable accommodation which will ensure their wellbeing and rehabilitation is at the heart of their care, while also keeping communities safe.

“I value and appreciate the work the providers will undertake to make the young people feel settled. Implementing this reform has been an enormous collaborative effort.

“I am very grateful to the secure accommodation providers, the Scottish Prison Service, Social Work Scotland, Crown Office, Scottish Courts and Tribunal Service and the Care Inspectorate. The success of their combined effort demonstrates our commitment to ‘Keep the Promise’, further protect children’s rights and keep communities safe.”

Alison Reid, chief executive of Clan Childlaw, Scotland’s law centre for children and young people, welcomed the announcement.

“The introduction of the regulations which ensure that the children who remain in young offenders’ institutions will be moved to suitable therapeutic residential care by the 31st of August is an overdue remedy in ensuring that all children are treated as children,” Ms Reid said.

“In accordance with Article 3 of the UNCRC, we believe that this is what is in the best interests of all children.

“We welcomed the introduction of the The Children (Care and Justice) (Scotland) Act 2024 as a significant development in the way that Scotland views and treats children who are in conflict with the law.

“By bringing forward the removal date for the remaining children currently residing in prisons and young offenders’ institutions demonstrates the Scottish government’s commitment to upholding children’s rights.

“We know there is still much to be done to achieve our vision for a Scotland where all children’s rights are strengthened, protected and fulfilled, however we know this is an important step on this journey.”

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