The future of secure care and the single point of contact (SPOC) for victims in the Children's Hearings System

A child can only currently be placed in secure accommodation if one or more of the following statutory criteria are met:

• The child has previously absconded (run away) and is likely to abscond again, and would be at risk if they did.
• The child is likely to engage in self-harming conduct.
• The child is likely to cause harm to another person.

These criteria apply to placements in secure accommodation by virtue of a number of different legal routes, including placements made on an emergency basis, placements authorised through the Children’s Hearings System, and placements in  in implementation of a decision by a court to place a child on remand or to detain a child.

Currently, this means placement in secure care is restricted to children assessed as posing a risk to self or others, often only when immediate risk is evident. A child either meets this legal definition or does not, and there is currently no statutory concept of ‘adaptable’ levels of security of support. These criteria do not, however, cover all circumstances in which a child may require intensive, highly supportive – and, at times, restrictive – care. As a result, some children can experience placement breakdowns, repeated emergency measures, or care arrangements which may not fully meet their needs.

The 2022 consultation on the Children (Care and Justice) Bill that became the 2024 Act sought views on the definition of secure care. Of those who offered views, 73% did not think the definition of secure accommodation met Scotland’s current and future needs. Respondents felt that the current definition uses language that did not match the vision for secure care set out in The Promise, especially around being therapeutic, trauma-informed, rights-focused, and supportive. Others also felt that the wording of the definition for secure accommodation could be seen to be stigmatising.

As a result, the Children (Care and Justice) (Scotland) Act 2024 included a change to the conditions when a children’s hearing can authorise a child to be placed in secure accommodation. When implemented, the conditions for placing a child in secure accommodation will include:

• The child has previously absconded (run away) and is likely to abscond again unless the child is kept in secure accommodation; and
• If the child were to abscond, it is likely that the child’s health, safety or development would be at risk.
• The child is likely to engage in self-harming conduct unless the child is kept in secure accommodation.
• The child is likely to cause physical or psychological harm to another person unless the child is kept in secure accommodation.

The Scottish Government has been clear that deprivation of liberty must remain a last resort. However, we recognise that some restrictions are necessary for safety and wellbeing. While residential and secure care offer different levels of restriction, there is currently no dedicated provision for children whose needs fall between these levels of restrictive intensity. To meet these complex needs, we want to explore flexible, integrated supports that prioritise care in environments best suited to each child.

The ‘Reimagining Secure Care’ report suggests creating a new model called “flex secure”. This would provide an approach where the design and operation of service would enable children and young people to be supported from individual restrictions on their liberty to the deprivation of liberty.