Children’s Care and Justice Bill - consultation on policy proposals
Feedback updated 8 Sep 2022
We asked
The Scottish Government’s Programme for Government1 2021/22, commits to: “…safeguard young people within the youth justice system, supporting a presumption against under 18s in the Criminal Justice System, keeping them out of young offenders’ institutions where possible and appropriate, while ensuring that victims receive the support they need. We will bring forward a Children’s Care and Justice Bill to support this transformation”.
The consultation was published on 30 March 2022 seeking views and feedback on policy proposals to inform the development of the Children’s Care and Justice Bill, intended to be introduced to the Scottish Parliament. The Government’s future legislative programme will be set out in the Programme for Government. This consultation covers potential legislative reforms to promote and advance the rights of all children and people who have been harmed. In particular, the objectives of these proposals are to safeguard and support Scotland’s children towards positive outcomes and destinations, especially those who may need legal measures to secure their wellbeing and safety. The proposals have a particular focus on children coming into contact with care and justice services or who come into conflict with the law.
You said
The consultation closed on 22 June 2022, receiving 106 responses to the consultation from a broad range of stakeholders.
We did
The independent analysis commissioned by the Scottish Government has been published.
The responses, along with accompanying workshops, discussions and engagement and other evidence, will inform the Children’s Care and Justice Bill, committed to in the Programme for Government. This Bill, for introduction this Parliamentary year, will help ensure that children who come into contact with the care and justice systems are treated with trauma-informed and age-appropriate support. This includes helping Scotland Keep The Promise by putting an end to placing under-18s in Young Offenders’ Institutions.
Results updated 8 Sep 2022
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Published responses
View submitted responses where consent has been given to publish the response.
Overview
Scotland’s ambition is to be the best place in the world to grow up. To achieve this Scotland is adopting a progressive, and continually improving, approach to supporting our children and young people to achieve the best outcomes possible.
This consultation covers potential legislative reforms to promote and advance the rights of all children and people who have been harmed. In particular, the objectives of these proposals are to safeguard and support Scotland’s children towards positive outcomes and destinations, especially those who may need legal measures to secure their wellbeing and safety. The proposals have a particular focus on children coming into contact with care and justice services, with a view to supporting them through age-appropriate systems and services. The proposals will also focus on further reducing the number of children in Young Offenders’ Institutions and reforming the approach to considering the placement of children in secure care. The introduction of additional safeguards and regulation for children placed in cross-border placements is also proposed. Respondents’ feedback will help inform the development of a Children’s Care and Justice Bill, committed to in the current Programme for Government.
The policy aims that the proposed legislation seeks to support are:
- To ensure children receive the right help and support they require, at the right time, as far as possible and appropriate without statutory intervention.
- Where any child requires the support and intervention of formal systems, to ensure this is available through the age-appropriate children’s hearings system by raising the maximum age of referral to the Principal Reporter.
- To ensure children are treated in a way that is trauma-informed and accounts for their age and stage of development.
- To maximise the use of measures to support children in the community, and with their family wherever possible. Where a child requires to be deprived of their liberty, to ensure that this only happens in age-appropriate care facilities where possible and appropriate.
- That cross-border placements should only occur in exceptional circumstances where the placement is in the best interests of an individual child.
- To enhance the rights to appropriate protection, support and information for people who have been harmed irrespective of the age of the person who has caused the harm or the system dealing with their case.
- To make other technical and procedural alterations to existing legislation in such areas where deemed necessary and appropriate.
Why your views matter
These are important issues that could have a significant bearing on outcomes for Scotland's children and young poeple. Consultation is an essential part of the policy process, especially for proposals being introduced to the Scottish Parliament. Adding your views gives the Scottish Government the opportunity to consider your opinion, and your experience in areas, on the proposals.
Interests
- Children and Families
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