Commissioner’s investigation finds at-risk children may have been detained unlawfully

Date: 18th June 2021
Category: Restraint

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The Children and Young People’s Commissioner Scotland has published a report following an investigation of local authorities’ practices around secure accommodation.  The Commissioner found children may have been deprived of their liberty without due process of law when being placed in secure accommodation.

The Commissioner found that some children’s human rights had been breached, as there was no evidence of children being consulted following decisions in children’s hearings to authorise their placement in secure accommodation. Moreover, there was little communication provided to help children’s understanding about why they had been detained, and crucially, many had not been told about their right to appeal.

Following these findings, the Commissioner is now calling for local authorities and the Scottish Government to urgently review practice to ensure compliance with legal duties and human rights.