No under 18s in Young Offenders Institutions

All under 18s who were previously detained in YOI Polmont have now been moved into secure care settings.

New regulations came into force on 28 August and as of that date, there will be no new admissions of children under 18 to YOIs.

Funding of up to £7 million is being made available by the Scottish Government to cover the costs of placements this financial year. This is in addition to £500,000 funding which has been offered to secure accommodation providers to support their preparations for the movement of the children, ensuring their wellbeing and safety is the top priority.

As part of wider work to embed the United Nations Convention on the Rights of the Child and to Keep the Promise, the 2024 Children (Care and Justice) (Scotland) Act’s provisions aim to improve children’s experiences of the care and justice systems, whether victims, witnesses or children who have caused harm.

Minister for The Promise Natalie Don-Innes said:

“We have been moving at pace since the Children (Care and Justice) (Scotland) Bill received Royal Assent in June to implement this reform and ensure no under 18s will be detained in a Young Offenders Institution from now on, moving to suitable settings such as secure care.

“This move will ensure children in conflict with the law are placed in safe suitable accommodation which will ensure their wellbeing and rehabilitation is at the heart of their care, while also keeping communities safe.

“I value and appreciate the work the providers will undertake to make the young people feel settled. Implementing this reform has been an enormous collaborative effort. I am very grateful to the secure accommodation providers, the Scottish Prison Service, Social Work Scotland, Crown Office, Scottish Courts and Tribunal Service and the Care Inspectorate. The success of their combined effort demonstrates our commitment to ‘Keep the Promise’, further protect children’s rights and keep communities safe.”

Background

Children (Care and Justice) Bill passed - gov.scot (www.gov.scot)

The Children (Care and Justice) (Scotland) Bill progressed through Parliament over a period of 18 months and received Royal Assent on 4 June to become an Act.

The Children (Care and Justice) (Scotland) Act 2024 (Commencement No. 1 and Transitional Provision) Regulations 2024 (legislation.gov.uk) commenced certain provisions of the Act on 28^th August.

As well as commencing provisions to end the detention of under 18s in young offenders institutions, they allow Ministers to use new powers to make further legislation to ensure some young people can remain in secure accommodation up until their 19^th birthday, in specific circumstances. These further changes will be subject to engagement, policy development, consultation and Parliamentary scrutiny.