Children’s Hearings Scotland has submitted its response to the Scottish Government’s consultation on the future of secure care and the single point of contact for victims in the Children's Hearings System.

Background

The Scottish Government has made a commitment to improve the future provision of secure care in Scotland. This follows the publication of the ‘Reimagining Secure Care’ report by the Children and Young People’s Centre for Justice (CYCJ) in late 2024, and the Scottish Government’s response to that report in June 2025.

The decision whether or not to authorise a placement for a child or young person in secure accommodation is a significant decision and one which is often made by Panel Members at a children’s hearing.   

Whole-system approach, following the child

In responding to the consultation, Children’s Hearings Scotland has stressed the importance of a whole system approach which is needed for the small number of children that require secure care. Services must be multi-disciplinary, and be able to follow the child, from secure care services into the community.

In order to protect children’s rights so that secure care is always the very last resort, it is critical that there is sufficient investment to ensure children and young people can access preventative, therapeutic supports within community settings, particularly mental health services. The support available must also be flexible, and able to change as a child’s needs change. The provisions in the Children (Care and Justice) (Scotland) Act 2024 have helped shift the dial to a therapeutic focus for children that need to have their liberty restricted to protect themselves, or others. The proposals outlined in the consultation paper which are aligned to the Reimaging Secure Care report are welcomed, and if implemented will go a long way to improve outcomes for the small number of children that require secure care.

Care experience must inform change

We have been clear in our response that children and young people with care experience (particularly those with direct experience of secure care), and their families, must be supported to be actively involved in the consideration of the proposals to improve secure care in Scotland.

We hear from Panel Members that services are inconsistent. Access to mental health support, for example, varies depending on where in Scotland the child is located. This challenge would support a nationally consistent approach to secure care provisions and the vital intensive support packages needed to protect children.

Internal engagement at CHS

We regularly engage with Panel Members and the National Team within CHS on secure care. The engagement we have carried out has involved training sessions with the National Team, inclusion of secure care within pre-service training and the delivery of masterclasses for the CHS community. We have also consulted the Panel Community on Reimaging Secure Care and in relation to the changes to legislation introduced in the Children (Care and Justice) (Scotland) Act 2024.

Further information on the Scottish Government’s work in this area can be found in its Consultation Paper.