Laura Sharman 07 June 2021

Vulnerable children ‘detained unlawfully’ in Scotland

Vulnerable children ‘detained unlawfully’ in Scotland image

Vulnerable children in Scotland may have been detained unlawfully in secure accommodation, a new investigation has revealed.

The Children and Young People’s Commissioner found some local authorities may have locked children up in secure accommodation without helping them understand why they have been detained or their right to appeal.

The commissioner said this was a breach of their human rights, especially as children in secure accommodation have a high level of need and vulnerability.

The investigation examined the cases of 118 children placed in secure accommodation across 27 local authority areas. It found a significant number of these children may have been unlawfully held for at least part of their detention.

Nick Hobbs, head of advice and investigations, said: ‘Decisions with such severe consequences are not taken lightly but we have found that in some cases they are being made without due process of law, which is in breach of children’s human rights.

’It is critical that these children understand what is happening to them, that they are a key part of decisions that can impact the rest of their lives, and that they are told about their right of appeal.’

The report urges local authorities to ensure they comply with existing laws and asses their policies and practices.

Mr Hobbs added: ‘Children in secure care are some of the most vulnerable in Scotland. Local authorities in Scotland must urgently review their practice to ensure that they are acting within the law.

’These legal duties are critical to ensuring that every part of the process designed to protect them has their rights, views and experiences at its heart.’

Have social services been negligent? image

Have social services been negligent?

Saara Idelbi and Conor Monighan consider the liability of local authorities in negligence where it is argued that social services should have intervened more quickly to remove children from their family homes.
For your free daily news bulletin
Highways jobs

Social Worker - Early Interventions

Essex County Council
£32065 - £43839 per annum
Social Worker - Early Interventions Permanent, Full Time £32,065 - £43,839 per annum Location
Recuriter: Essex County Council

Social Worker - Local Linked Support Team

Essex County Council
£32065 - £43839 per annum
This is a full time fixed term contract for 12 month or a 12 month Secondment.About the RoleThis is a community-based role within the Harlow area. You England, Essex, Epping
Recuriter: Essex County Council

Property and Projects Lawyer

Brent Council
£43,860 - £49,827 p.a. inc.(pro rata)
The successful candidate will have the opportunity to supervise junior staff and deputise in the absence of the Senior Property Lawyer. Wembley, London (Greater)
Recuriter: Brent Council

Training and Quality Assurance Specialist

Essex County Council
Up to £26801 per annum
The OpportunityEssex Registration Service is one of the largest authorities in the Country, serving thousands of customers in the Registration of Bir England, Essex, Chelmsford
Recuriter: Essex County Council

Business Support Officer

Camden London Borough Council
We have recently changed the way that we work so that we are more responsive to... Camden, London (Greater)
Recuriter: Camden London Borough Council

Public Property

Latest issue - Public Property News

This issue of Public Property examines how how flexible workspaces can lead the way in regeneration for local authorities, Why local authority intervention is key to successful urban regeneration schemes and if the Government’s challenge of embracing beauty is an opportunity for communities.

The March issue also takes a closer look at Blackburn with Darwen Council's first digital health hub to help people gain control over health and care services.

Register for your free digital issue