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.’

SIGN UP
For your free daily news bulletin
Highways jobs

Adults Social Worker - Early Help & Wellbeing

Essex County Council
£37185 - £50081 per annum + Flexible Working, Hybrid Working
Interviews will be held in person at County Hall, Chelmsford on 30th January 2026.About the TeamMental health social care is transforming into a new England, Essex, Chelmsford
Recuriter: Essex County Council

Clerk to School Governing Boards

London Borough of Richmond upon Thames and London Borough of Wandsworth
£38,976 – £47,229 per annum (subject to experi
The role

Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Learning Engagement Support Officer

Durham County Council
Grade 6 £28,142 - £31,022
Durham County Council’s Culture, Sport and Tourism Service delivers outstanding cultural experiences across the council's culture venues and programme Durham
Recuriter: Durham County Council

Operational Supervisor

Durham County Council
£32,597 - £36,363 p.a. Grade 8
Adult Care Hawthorn House Operational Supervisor 37 hours Permanent post Grade 8 VACANCY NO
Recuriter: Durham County Council

Office Administrator

Durham County Council
£25,185 - £25,989 pro rata
Office administrator Grade 3, £25,185 – £25,989 pro rata Permanent, full time, term time only plus 2 weeks Required to start as soon as possible Howl Peterlee
Recuriter: Durham County Council
Linkedin Banner