Vulnerable children may have been 'detained unlawfully' in Scotland

Vulnerable children in Scotland may have been detained unlawfully in secure accommodation, according to Scotland's children's commissioner.

Investigators examined the cases of 118 children who were locked up between August 2018 and July 2019.

They found that a "significant number" may have been held unlawfully for at least part of their detention.

The Scottish government said it would work with Cosla and Social Work Scotland to make improvements.

The children's commissioner called for an urgent review of practices by local authorities.

Why would a child be put in secure accommodation?

People aged under 18 can be placed in secure accommodation for their own protection or the protection of others.

It might be because they have gone missing, they are likely to go missing again, or there are serious concerns about their safety and welfare.

They are kept somewhere they are not allowed to leave, under constant supervision and control.

The decision is made by a Children's Hearing and by law the children and local authority have to comply.

What did the investigation discover?

The office of the Children and Young People's Commissioner Scotland said its investigation looked at whether local authorities were following the rules.

It examined the cases of 118 children placed in secure accommodation in 27 local authority areas between 1 August 2018 and 31 July 2019.

They were detained for between 14 and 572 days.

Researchers found that a "significant number" may have been unlawfully held for at least part of their detention.

It found that some children's human rights were breached because:

• There was no evidence they had been consulted following the decision of a Children's Hearing to authorise secure accommodation

• There was little communication to help them understand why they had been detained

• Many had not been told about their right to appeal

Bruce Adamson, the Children and Young People's Commissioner Scotland, said: "Taking away a child's liberty is one of the most serious restrictions a state can impose on children's human rights. It has deep and long-lasting consequences, particularly on a child's emotional and social development.

"Human rights law is clear that the detention of a child must be within the law and be only used as measure of last resort and for the shortest appropriate period of time."

Nick Hobbs, head of advice and investigations, said: "Secure accommodation should be reserved for those whose needs cannot be met in any other environment or place of safety.

"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."

He called for an urgent review of the practice by local authorities to ensure they are acting within the law.

The commissioner is also asking the Scottish government to review the law.

What has the Scottish government said?

A spokesman said the Scottish government noted the findings of the report.

"The Scottish government will work closely with Cosla and Social Work Scotland, supporting them to meet any necessary improvement actions identified in the report," he added.

"The children's minister will write to all chief social work officers seeking assurance that they have, where necessary, amended their procedures to comply with all regulations."