Section three The NPM in 2016–17 of the Mental Health (Scotland) Act 2015 and associated regulations (Part 1), Consultation on the implementation of certain sections of the Mental Health (Scotland) Act 2015 and associated regulations (Part 2) and consultation on the Scottish Government’s new Mental Health Strategy). • Following on from the oral and written evidence that it provided to Lord Laming’s inquiry into looked after children and offending, Ofsted participated in a cross-sector forum led by the Youth Justice Board for England and Wales that considered the over-representation of children in care in the criminal justice system and how to improve outcomes for such children. • RQIA contributed to Phase 1 of the development of the draft code of practice and regulations for the new Mental Capacity Act (Northern Ireland) 2016. The Act introduces in Northern Ireland for the first time a legal framework governing capacity and incapacity. • The SHRC provided a submission to the Consultation on the Scottish Government’s Draft Delivery Plan 2016–2020 in relation to the Convention on the Rights of Persons with Disabilities, commenting on the need to ensure that people with mental health conditions who are detained are placed appropriately and receive adequate treatment. In addition, the SHRC provided evidence to the Scottish Parliament on destitution, asylum and insecure immigration status in Scotland. International scrutiny and collaboration Scrutiny The UK’s record on detention was scrutinised in several reviews during the year by UN bodies established to examine the implementation of human rights treaties. Committee on the Rights of the Child The UN Committee on the Rights of the Child reviewed the UK’s progress in implementing the CRC in May 2016. It adopted its Concluding Observations in June 2016.146 The Children’s Commissioners for England, Scotland, Wales and Northern Ireland submitted a joint shadow report to the review, as did the SHRC. The Committee’s Concluding Observations identified extensive concerns and recommendations relating to detained children. These included calls to: abolish all methods of restraint used against children for disciplinary purposes and to ban any technique designed to inflict pain on children; collect and publish disaggregated data on the use of restraint and other restrictive interventions; expedite the prohibition of placing children with mental health needs in adult psychiatric wards and police stations; cease the detention of asylum-seeking and migrant children (in relation to the detention of children in short-term holding facilities, and age-disputed children being detained in adult facilities); establish the statutory principle that detention should be used as a measure of last resort, for 146. UN Committee on the Rights of the Child, 2016, Concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland (CRC/C/GBR/CO/5), http://www.crae.org.uk/media/93148/UK-concludingobservations-2016.pdf [accessed 13/11/17]. 67

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents