National Preventive Mechanism Eleventh Annual Report 2019–20
The Justice Committee also looked forward
to the findings of the Independent Care
Review, commissioned by the Scottish
Government. A large-scale ‘root and branch’
review, it aimed to stimulate fundamental
and long-lasting changes in the culture of
the care and criminal justice system for
children in Scotland. After three years, the
review published its final reports in February
2020, which called for a radical overhaul
of the system and detailed the human and
economic cost of the current provision and
its failures. The review concluded that YOIs
are not appropriate places for children and
recommended that, where liberty must be
restricted, it must only be done when other
options have been fully explored, for the
shortest time possible and in small, secure,
safe and trauma-informed environments.
The review called for diversion of children
from the criminal justice system through
a further raising of the minimum age of
criminal responsibility. It also highlighted
the disproportionate criminalisation of
children in care, despite no evidence that
care-experienced children engage in more
offending behaviour than their peers,
and recommended that Scotland reduce
this disproportionality by supporting the
workforce to behave and treat children
in a way that is relational rather than
procedural and process driven.82 The Scottish
Government has made a commitment
to progress the recommendations of the
review, and the review team and supporters
continue to campaign for change under
the banner #KeepThePromise. The Care
Inspectorate took part in the review and
is now considering its own contribution to
such change, including implementing new
82
83
84
30
standards for secure care and scrutinising
the decisions and transitions that lead
children in and out of secure care (which is
currently beyond its remit).
Further key reports on children and
young people in Scotland included the
recommendations of the Children and Young
People’s Mental Health Task Force, published
in July 2019, and the Youth Commission on
Mental Health Services report, published in
May 2019.83
Reviews into secure care for children
and young people in Northern Ireland
Work on the integration of care and justice
settings providing secure accommodation
for children in Northern Ireland continues.
In 2018 a report was published by the
Department of Health which recommended
establishing a joint care and justice campus
on the Lakewood and Woodlands sites, as
well as broader reforms.84 A trigger for the
review was growing concern that children
and young people in care, often with the
most complex needs, were spending
periods of time within each of the facilities,
sometimes experiencing repeat admissions
and moving from one to the other. A single
therapeutic framework model will also be
adopted across the campuses.
Independent Care Review, February 2020, The Promise, https://www.carereview.scot/wp-content/uploads/2020/03/ThePromise_v7.pdf [accessed 24/08/2020]
Scottish Government, (webpage) Mental Health: Children and Young People, https://www.gov.scot/policies/mentalhealth/children-and-young-people/ [accessed 24/08/2020]
Northern Ireland Executive, December 2018, Proposals for new specialist children’s campus to be developed, https://www.
northernireland.gov.uk/node/36325 [accessed 24/08/2020]
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