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.

Childhub

You might like..

0
6
This guidance document was originally issued in 2007, but has been updated to reflect developments since it was first published, such as the introduction in April 2009 of the National Referral Mechanism and the duty on the UK Border Agency to…
0
10
This guidance document was originally issued in 2007, but has been updated to reflect developments since it was first published, such as the introduction in April 2009 of the National Referral Mechanism and the duty on the UK Border Agency to…
no
0
275
UK: Centre of expertise on child sexual abuse (CSA Centre) released guide on communicating with children who have or may have been sexually abused Background Studies suggest that 15% of girls and 5% of boys experience some form of sexual abuse…
0
39
The document has been produced on the request of the Scottish Government by Jackie Brock, Chief Executive of Children in Schotland. The 10-day review lookes back to the developments in child protection since 1995 by reviewing the range of relevant…
0
47
This resource has been designed to be used by trainers when organising and designing in-country training for caregivers of children who have been commercially sexually exploited. This guide for trainers has been written as a response to the many…
0
40
Children and young people in the criminal justice system in England are drawn, in the main from the most deprived and disadvantaged families and communities. Many will have experienced neglect, abuse, domestic violence, poor parenting and poor…
0
7
Scotland is the first nation in the UK to remove 'justifiable assault' from the law, meaning that children now have the same protection from violence as adults, and this has led to much debate on the use of smacking and its negative effects on…
yes
0
118
“What did I say to the detained teenagers? I told them that life never loses its meaning, they should trust that they will find it again”, tells us Petrică Bora, a former detainee, now a mentor for youth in contact with the law, within the team of…
0
13
The article in "Kepmas" has been written based on the webinar of Terre des hommes about the educational challenges faced by Ukrainian refugee children. First of all the two education systems are quite different, kindergarten not being compulsory in…
yes
0
72
The child protection organization Terre des hommes Hellas (Tdh) is pleased to announce the launch today of its project "DIGNIFY", another program for vulnerable families with children on the move living in the region of Attica, after a needs…
0
99
" Philanthropy ", the charitable foundation of the Serbian Orthodox Church, in cooperation with Caritas Austria, has published an informer that provides an overview of rights and services that children and young people, who are deprived of parental…
0
51
The Handbook On The Integration Of Persons Who Have Been Granted Asylum or International Protection In Municipalities aims to provide municipalities, as well as all stakeholders, with the information and guidance needed to promote and support the…
0
16
The National Network for Children in Bulgaria condemned the statements of the Deputy Minister of Justice Mr. Evgeni Stoyanov during a morning talk show on the TV channel bTV. Mr. Stoyanov had insinuated that children detained by the law may be…
0
755
ChildHub is happy to announce that two of its courses have been certified by the CPD Certification Service as conforming to continuing professional development principles and standards. The LEAP - Participatory Practice for…
0
1
Young people from across Scotland have made recommendations on EU funding, opportunities to work, study and travel, the economy, trade and jobs, upholding human rights, and Brexit as they share key concerns about their relationship with Europe. The…