An investigation by the Children and Young People’s Commissioner Scotland found that a significant number of children could have been held unlawfully for at least part of their detention.
They analysed the cases of 118 children who may have unlawfully been locked up in secure accommodation, between August 2018 and July 2019. The office looked into 27 areas, to check whether the local authorities were proceeding by the law.
What is secure accommodation, and how is it working legally?
Secure accommodation is a place where people aged under 18 can be placed for their own-, or other’s safety. They are kept under constant supervision and control, and are not allowed to leave. Reasons might be
- they have gone missing
- they are likely to go missing again
- they are likely to harm themselves or others
The decision about the necessity of secure accommodation is made by a Children's Hearing and by law.
How has the law been violated?
In several cases, children’s human rights were breached in many ways.
- They had not been consulted after the decision of authorising secure accommodation
- They were not informed about the reasons of the decision
- Many had not been told about their right to appeal
- Although human rights law is clear that the detention of a child must be for the shortest appropriate period of time, children were found with up to 572 days of detention.
Suggestions from the commissioner
- To take the long term psychological effects of detention into consideration,
- To give a more detailed explanation to the children about what is happening to them and why,
- To make them understand its impact on the rest of their lives,
- Stricter control over the concerned authorities.