The future of secure care and the single point of contact (SPOC) for victims in the Children's Hearings System
Questions on secure care transport standards
Secure transport - background information
When a child needs to be moved - either to a secure care unit or to appointments while living in secure care (such as a children’s hearing, medical visit, or court appearance) - this often involves using secure transport. Who arranges and pays for this transport depends on the situation:
- Scottish Ministers are responsible for the transport arrangements for children up to the age of 18 who have been convicted by a court for murder or on indictment and sentenced to detention. An agreement is in place with GeoAmey to provide secure transport for those children.
- Local authorities are responsible for transport for all other children placed in secure care. They decide who will provide the transport on a case-by-case basis, considering factors like the child’s needs, the type of journey, risk assessments, and what transport options are available. Transport might be provided by local authority staff, social care staff, private secure transport companies, or, in rare cases, the police.
The current contract with GeoAmey for transporting sentenced children comes to an end in January 2027. Given the challenges which local authorities face around arranging secure transport for all other children, it has been agreed that any future secure transport contract will include transport needs for all children who require secure transport, and not just those who are sentenced and Scottish Ministers’ responsibility. Scotland Excel are leading discussions around a future contract, to be in place by January 2027.
The 2022 consultation on the Children (Care and Justice) Bill policy proposals sought views on the provision of secure transport in Scotland. Respondents raised various concerns with the current arrangements. Key to these concerns was the inconsistent availability of secure transport at the point of need. Respondents provided various suggestions and considerations for how provision could be enhanced and improved. Several felt that national standards were needed, with providers monitored and regulated to ensure they meet the needs and respect the rights of children and young people.
In response to the findings of the 2022 consultation, a provision was included in section 25 of the Children (Care and Justice) (Scotland) Act 2024 requiring Scottish Ministers to create and publish minimum standards for the safe and secure transport of children up to age 18, and in some cases young people up to 19. Following commencement of those provisions, the standards must be published and presented to Parliament by 1 September 2026.
The new standards are being developed with key partners, including COSLA, Social Work Scotland, the Children and Young People’s Centre for Justice, Police Scotland, Scotland Excel, and representatives from local government. They are based on existing service specifications and aim to strike a balance between setting appropriate standards and not exacerbating known supply issues and, therefore, will be high level.
The following areas are expected to be covered in the draft standards:
- Upholding children’s rights
- Ensuring the safety and welfare of the child are a priority
- Appropriately vetted and trained staff
- Safe and appropriate use of vehicles
- Reporting and management of incidents
- Use of restraint, only when necessary and appropriately recorded
- Secure handling of data and information relating to the child
- Monitoring and continuous improvement to ensure quality and rights compliance
When the standards are in place, those providing the transport service must meet the standards. Local authorities and Scottish Ministers, must ensure any services they commission are, therefore, able to meet them. The 2024 Act also places a duty on local authorities and the Scottish Government to report on how the standards are being met by those providing the transport service.