Children's Hearings System - future of secure care and the single point of contact (SPOC) for victims: consultation

4. Background

4.1 Secure care

Secure accommodation is a critical part of Scotland’s child welfare and justice systems. Secure care, as defined in statute^[1], refers to care provided in a locked setting for children and young people up to the age of 18 (noting pending reforms enabling some young people to remain in secure care past their 18^th birthday).

It is for a small number of children whose risks cannot be managed in any other setting and is one of the most intensive and restrictive forms of child care available in Scotland.

The need for a child to access secure care arises due to the level of concern about the risks, or actual significant harm, which a child's behaviour or needs may pose to themselves and/or others. Admission to secure accommodation can occur through emergency chief social work officer placements, the involvement of the children's hearings system or the criminal justice system.

The Promise is clear that placing children in secure care should always be a last resort. The Scottish Government remains committed to ensuring that children are supported within their families and communities, wherever possible, and that secure care, while both vital and valued, is only used when no other alternatives are appropriate.

4.2 Scotland’s secure accommodation

At the time of publication, there are 82 contracted secure care places provided by four independent charitable organisations in Scotland; Rossie Secure Accommodation Services near Montrose, Good Shepherd Centre in Bishopton, Kibble Education and Care Centre in Paisley, and St. Mary's Kenmure in Bishopbriggs. All of Scotland's secure care centres offer an integrated model of delivery - providing education, care, and a wide range of therapeutic and wellbeing services for children who are placed in secure accommodation through various routes.

Responsibility for arranging, commissioning, and funding secure care varies depending on the legal basis for the placement. Local authorities are legally responsible for arranging placements made on welfare grounds, as well as children placed on remand or sentenced following summary conviction, while Scottish Ministers hold responsibility for children who are sentenced on indictment to detention in secure care. However, since 2024-25, the Scottish Government has been covering the costs for all court-ordered remand placements of under-18s.

Guidance has been published relating to the matching process for admissions, aiming to ensure that children are placed in the most appropriate setting - one that

meets their own needs, and the needs of other children cared for within the setting. In addition, co-produced Secure Care Pathway and Standards launched in 2020 apply to all agencies and practitioners working with children in or on the edges of secure care and sets out what children can expect before, during and after their time within secure.

The Care Inspectorate undertook a review of the secure care pathway and standards in 2023. The review evaluated how the standards were being implemented and assessed their impact on children’s experiences in secure care in Scotland. The Care Inspectorate’s findings report highlights the importance of early intervention, community-based alternatives to secure care, and strengthening aftercare and transitional support for children returning to their communities.

The Secure Accommodation Network website is updated daily for each centre, and provides contact details as well as information on current vacancies in Scotland’s secure accommodation.

4.3 Regulatory context

The Care Inspectorate registers and regulates all secure accommodation services in Scotland, ensuring services meet the Health and Social Care Standards and comply with relevant legislation. The Care Inspectorate also conducts regular inspections of secure accommodation services to assess the quality of care, safety, and outcomes of children using a Quality Framework.

His Majesty’s Inspectorate of Education in Scotland (HMIE) work alongside the Care Inspectorate in the registration and inspection of secure care services.

4.4 What does the data tell us?

• During 2023-24^[2], there were 149 admissions to secure care – down 3% from the previous year.
• On 31 July 2024, there were 54 children in secure care. This continues the decline seen since 2019 and marks the lowest year-end number of children since records began in 2010. Of these:

• Just over half (52%) of the children were aged 16 years or older and 15-year old children made up a further third (33%).
• 72% of these children were male and 28% were female.
• A total of 37% of children had a recorded disability.
• over half (75%) of the children admitted to secure care had a length of stay of less than 6 months, 19% of children had a stay of between 6 months to under 1 year, and a further 6% stayed for a year or more.

• During 2023-24:
  • the average number of children in secure care was 60. Of these, 48 children were from within Scotland and 12 were from outside Scotland (down 45% on 2023).
  • 40% of children admitted to secure care had a prior placement in a residential school, 30% had a prior placement in the parental home, with relatives, or friends, and a further 21% were from foster care or a children’s home.
  • A total of 150 children were discharged from secure care. Of these, the most common destination after discharge was to a residential school (35%), or to a parental home, relatives or friends (25%). A further 15% were discharged to a foster care or a children’s home.
  • 61 children had secure authorisations either within interim orders ^[3]or within Compulsory Supervision Orders^[4].

Based on data modelling undertaken to better understand anticipated future demand of secure care and availability of secure care beds based on a number of potential scenarios involving availability of secure providers in Scotland and planned legislative changes as a result of the Children (Care and Justice) (Scotland) Act 2024, the Scottish Government estimates Scotland requires future provision in the range of 85-120 secure beds to operate sustainably and to always be in a position to fulfil court orders and other legal decisions on children’s placements.

The estimates for secure care demand are based on annual published data of 60 average daily residents in a secure care unit in 2023-24^[5], and the total daily average population of five under 18s in Young Offenders Institution in 2023-24^[6]. These data sources are both official statistics. Provision is also made within that range of future demand projections for:

i) possible surges in demand - referring back to higher historical remand and sentence patterns for under 18s,

ii) the effect on placement turnover of more sentenced and remanded children being present in secure care for longer periods, cumulatively affecting the pace of placement turnover

iii) the effects of the Children (Care and Justice) (S) Act 2024 – including some young people being able to remain in secure care past their 18^th birthdays and for the expansion of the children’s hearings system to all under 18s.

For secure care supply capacity, there are currently 4 secure units in Scotland, providing capacity for 82 contracted beds, with 67 of those operational – the others being unavailable due to staffing shortages or other ongoing remedial action or compliance requirements. These demand and supply estimates for secure care capacity are based on a range of assumptions, so should be used with caution.

4.5 Children (Care and Justice) Scotland Act 2024

On 28 August 2024, certain provisions of the Children (Care and Justice) (Scotland) Act 2024 (‘the Act’) took effect. Children under 18 could no longer be placed in Young Offenders’ Institutions. All such children are now cared for within secure accommodation settings, reflecting Scotland’s commitment to a rights-based, trauma-informed approach.

The Act also includes other provisions which, when implemented, will enable some young people to remain in secure care up to the age of 19, where appropriate, to ensure continuity of support. These changes are part of a broader transformation of the care and justice system, supported by targeted funding and cross-agency collaboration, with the aim of improving outcomes for children and young people in conflict with the law.

The Scottish Government will roll out implementation of the remaining parts of the Act in phases. Work with partners continues - to manage the complex links between provisions and ensure smooth implementation. Timelines are being shaped by multi-agency working groups and parliamentary requirements – with the current aim being to support commencement by the first quarter of 2027. Our goal is to implement these provisions as soon as it is safe to do so, with clear plans to support solid preparation by all agencies.

4.6 Reimagining secure care

The Children and Young People’s Centre for Justice (CYCJ) published the “Reimagining Secure Care: A Vision for the Future” report on 27 September 2024. In setting out an ambitious and transformative vision for secure care in Scotland, the report proposes approaches to preventing children from reaching crisis points and improving interventions when crises do occur.

The ‘Reimagining Secure Care’ report sets out a radical vision for the future, including:

• A new continuum of flexible and rights-based support, including ‘flex secure’ models, providing varying levels of restriction and support in smaller, more dynamic environments.
• Community based hubs providing intensive intervention, education, health and family support.
• Multi-disciplinary teams embedded around the child.
• A new definition of secure care, embedding justice, welfare and needs-based principles.

The Scottish Government welcomed this report and committed to exploring these models, reforms to commissioning, funding, alternatives, and the definition of secure care in its response published June 2025. The government’s response outlined a roadmap (2025-2030) to improve Scotland’s secure care system. The response acknowledges challenges, commits to restoring capacity, building sustainability and consulting to test and refine future models.

Recent contingency actions include:

• £8.4 million committed to support placements for sentenced and remanded children and commitment to fund up to 16 beds (4 in each secure) through 2025-27.
• £2 million allocated for contingency measures in 2025-26.
• Updated practice guidance on alternatives to secure care published in March 2025.
• A new four-bed national contingency resource, Annan House, opened at Rossie in April 2025.
• A dedicated professional lead appointed within Social Work Scotland (started August 2025) to support placing authorities and improve decision-making.
• A second four-bed contingency resource, Esk House, at Rossie - expected to open by the end of 2025.
• Collaboration with Kibble to construct up to three new four-bed, trauma-informed, future-proofed secure houses with the potential for reconfiguration towards ‘flex secure’ to meet evolving needs of children.
• Joint action plan in development with COSLA to coordinate national and local efforts.

Despite these positive developments, secure care services continue to experience significant challenges linked to capacity, funding and commissioning arrangements.

While current efforts to restore capacity and manage immediate risks remain important, they cannot on their own resolve the underlying systemic issues affecting the long-term sustainability of the sector.

The Scottish Government is exploring both service / system transformation (through the exploration of new funding and commissioning models) and conceptual transformation (redefining secure care). These both form part of our ongoing commitment to redesign the care and justice systems in line with Getting it Right for Every Child (GIRFEC), The Promise and the incorporation of the UNCRC into Scots law following the United Nations Convention on the Rights of the Child (Incorporation)(Scotland) Act 2024.

4.6.1 Flex secure / adaptive secure accommodation

The ‘Reimagining Secure Care’ report proposes the development of a new model called “flex secure” - a flexible and responsive approach to secure care that moves away from the traditional static model of locked facilities, and locked rooms within those locked facilities. This new model envisions a continuum of care tailored to the evolving needs of each child, offering short-term, intensive support that can be scaled according to individual circumstances. It places strong emphasis not only on flexibility of restrictions within the secure / residential setting, but on transition planning and reintegration into the community.

While secure accommodation continues to be used where deprivation of liberty is necessary and proportionate due to risk, ‘flex secure’ aims to extend ongoing intensive support to children who may not meet current secure care criteria at a given point, but still require high-level care, intervention and support within a specialised and approved residential setting that is capable of also offering secure care.

The development of new standards and guidance would be essential to ensure flex secure environments are therapeutic, trauma-informed, and rights-based. This work would require close collaboration with care and justice partners, including young people themselves and children’s rights organisations, to assess feasibility, benefits, and potential risks.

4.6.2 Multi-disciplinary teams

The ‘Reimagining Secure Care’ report recommends the introduction of multi-disciplinary teams (MDTs), bringing together professionals with diverse skills and expertise to provide holistic support to children, young people, and their families. This approach aligns with the Scottish Government’s multi-agency whole system strategy for preventing offending by children, underpinned by GIRFEC.

MDTs are generally designed to offer coordinated, wraparound care tailored to individual needs, reduce fragmentation across services, and enable early identification of risk and need for timely intervention.

While the report advocates for the formal establishment of MDTs, it is important to consider this in the context of existing children’s services planning. There is flexibility for Children’s Services Planning Partnerships so that planning and delivery is rooted in the lived experiences of families unique to their area. Many local authorities in Scotland have already implemented similar models. All secure care facilities currently deliver a full curriculum of care, including educational, health, and behavioural programmes.

Existing examples of practice across Scotland provide valuable learning about effective approaches to meeting local needs.

4.6.3 Community based hubs

The ‘Reimagining Secure Care’ report proposes the development of community-based hubs (CBHs) - local, multi-functional centres designed to deliver early intervention, crisis support, and ongoing care within the child’s own community. It is envisaged these hubs would offer a range of services, including mental health support, education, family work, and crisis response, with the aim of preventing issues from escalating to the point where secure accommodation is required.

Effective integration with existing services such as education, health, and social care would be essential to ensure holistic support, aligned with the GIRFEC approach. However, it is important to acknowledge that many local authorities in Scotland have already implemented versions of this model in practice and that community based hubs may not be suitable for all localities, particularly in rural or semi-rural areas. Similar to the deployment of MDTs, it will be important to consider this option in the context of local children’s services planning.

By drawing on existing multidisciplinary models developed by local authorities and regional partnerships, Scotland has the opportunity to establish a network of community-based hubs that offer effective, rights-respecting alternatives to secure accommodation.

When exploring and implementing new models, the provision of education must be treated as an integral element of service design and delivery.

The evidence and design principles behind The Promise and the ‘Reimagining Secure Care’ report emphasise a trauma informed continuum of support that keeps children connected to family and their communities; education is central to achieving those aims and must be embedded from the outset.

We can learn from establishing and developing examples such as Foxgrove (the new National Secure Adolescent Inpatient Service in Scotland) which illustrates how a purpose-build clinical and care environment still requires carefully planned education provision that sits alongside clinical care. The Foxgrove model demonstrates the need to plan capacity, staff and spaces with education and transition back to community learning in mind.