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

5. Definitions applying to a range of residential children’s care services

Some children’s care services provide support for children who were previously referred to as ‘looked after and accommodated’. These children cannot live safely at home and may require residential care or, in exceptional circumstances, secure care.

• Residential care: is used to provide a safe, supportive environment for children to live away from their family home, usually in a care home setting. Residential care provides support, and sometimes education, in a nurturing environment.
• Secure care: a type of residential care for children under 18 where their freedom is restricted. It provides intensive support and education to help children move forward positively. Secure care combines safety with therapeutic, trauma-informed support to help children recover and move toward less restrictive environments.

Currently, residential care settings can use some restrictions (restricting a child’s liberty) to keep children safe, while secure care settings can legally deprive a child of their liberty when accompanied by strict legal safeguards and rights protections. Restrictions that amount to depriving a child of their liberty - like those used in secure accommodation - cannot generally be applied in settings that are not secure care.

At present, there is no flexible option that recognises the volatility of some children’s needs or that combines both approaches, where restrictions could either be increased – and could include deprivation of liberty, as a last resort - or reduced as a child’s risks and needs change. Flex secure therefore offers the opportunity to minimise the periods that children are subject to deprivation of liberty measures, but also to support specialist care providers to still keep children safe on the same premises while avoiding disruptive and potentially damaging accommodation movements.

5.1 Restriction of liberty and deprivation of liberty

In Scotland, the aim is for all children to be cared for as children. Whilst secure care should only ever be used as a last resort, at present the right of a child to be safe may mean it is sometimes necessary to deprive a child of their liberty for a period of time or to restrict their liberty in some respects.

The Care Inspectorate published a position paper in June 2023 which set out its view in relation to restriction of liberty (measures to keep children safe) and deprivation of liberty (exceptional intervention used as a last resort).

In essence, whether or not a child is being deprived of their liberty relates to the degree or intensity of measures which restrict their liberty.^[7] Examples of restrictions of liberty, are also detailed in Rights, risks, and limits to freedom.

What the law says

Article 5 of the European Convention on Human Rights (ECHR) provides that - “Everyone has the right to liberty and security of person. No one shall be deprived of his liberty…. In accordance with a procedure prescribed by law”.

Article 37 of the UN Convention on the Rights of the Child (UNCRC) provides that:

• No child or young person shall have their liberty deprived unlawfully or arbitrarily;
• The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
• Every child deprived of their liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age; and
• Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty.

5.2 Definition of secure accommodation and placement criteria for children

5.2.1 Secure accommodation definition

In Scotland, the only services which normally may lawfully deprive a young person of their liberty are those approved by Scottish Ministers and registered with the Care Inspectorate as a secure accommodation service.

Secure accommodation is currently defined in law^[8] as accommodation provided for the purpose of restricting the liberty of children.

However, once commenced and implemented, the Children (Care and Justice) (Scotland) Act 2024 makes a number of legislative changes to the current framework for regulation of secure accommodation services under the Public Services Reform (Scotland) Act 2010 (“the 2010 Act”).

In particular, “secure accommodation service” is defined in schedule 12 of the 2010 Act as follows:

6A “secure accommodation service” is a service which -

(a)provides accommodation in a residential establishment for the purpose of depriving children of their liberty,

(b)also provides, in such an establishment, appropriate care, education and support -

(i)for the purposes of safeguarding and promoting the welfare of the children who are accommodated there, and

(ii)that takes account of the effects of trauma which the children may have experienced,

(c)is approved by the Scottish Ministers, in accordance with regulations made under section 78A, for those purposes.

6AIn paragraph 6(a), “residential establishment” has the meaning given by section 105(1).

6BIn paragraph 6(b), “appropriate care, education and support” means the kind of care, education and support required to meet the health, educational and other needs of the children.”.

There may be a need for an amended regulatory approach to enable such placements in a legally compliant way, to better meet the needs of children to be placed there.

5.2.2 Secure accommodation placement criteria

A child can only currently be placed in secure accommodation if one or more of the following statutory criteria^[9] are met:

• The child has previously absconded (run away) and is likely to abscond again, and would be at risk if they did.
• The child is likely to engage in self-harming conduct.
• The child is likely to cause harm to another person.

These criteria apply to placements in secure accommodation by virtue of a number of different legal routes, including placements made on an emergency basis, placements authorised through the Children’s Hearings System, and placements in in implementation of a decision by a court to place a child on remand or to detain a child.

Currently, this means placement in secure care is restricted to children assessed as posing a risk to self or others, often only when immediate risk is evident. A child either meets this legal definition or does not, and there is currently no statutory concept of ‘adaptable’ levels of security of support. These criteria do not, however, cover all circumstances in which a child may require intensive, highly supportive – and, at times, restrictive – care. As a result, some children can experience placement breakdowns, repeated emergency measures, or care arrangements which may not fully meet their needs.

The 2022 consultation on the Children (Care and Justice) Bill that became the 2024 Act sought views on the definition of secure care. Of those who offered views, 73% did not think the definition of secure accommodation met Scotland’s current and future needs. Respondents felt that the current definition uses language that did not match the vision for secure care set out in The Promise, especially around being therapeutic, trauma-informed, rights-focused, and supportive. Others also felt that the wording of the definition for secure accommodation could be seen to be stigmatising.

As a result, the Children (Care and Justice) (Scotland) Act 2024^[10] included a change to the conditions when a children’s hearing can authorise a child to be placed in secure accommodation. When implemented, the conditions for placing a child in secure accommodation will include:

• The child has previously absconded (run away) and is likely to abscond again unless the child is kept in secure accommodation; and
• If the child were to abscond, it is likely that the child’s health, safety or development would be at risk.
• The child is likely to engage in self-harming conduct unless the child is kept in secure accommodation.
• The child is likely to cause physical or psychological harm to another person unless the child is kept in secure accommodation.

The Scottish Government has been clear that deprivation of liberty must remain a last resort. However, we recognise that some restrictions are necessary for safety and wellbeing. While residential and secure care offer different levels of restriction, there is currently no dedicated provision for children whose needs fall between these levels of restrictive intensity. To meet these complex needs, we want to explore flexible, integrated supports that prioritise care in environments best suited to each child.

The ‘Reimagining Secure Care’ report suggests creating a new model called “flex secure”. This would provide an approach where the design and operation of service would enable children and young people to be supported from individual restrictions on their liberty to the deprivation of liberty.

This model would offer a more individualised and responsive approach to traditional ‘locked facilities’, with children having some limited additional flexibility and liberty than, for example, being locked in their bedroom overnight. Secure accommodation would still be used when depriving a child of their liberty is necessary for safety, but ‘flex secure’ could provide intensive support for children who do not meet the current legal criteria yet still need intensive support.

The Promise has been clear that children should only be placed in highly restricted environments when necessary and not simply as an escalation when other interventions have failed. Developing environments with adaptable levels of restriction would enable services to respond to the complex needs of individual children in a way that is both flexible and rights-based.

Questions on the purpose of secure care

Secure accommodation criteria

The Children (Care and Justice) (Scotland) Act 2024 included a change to the conditions when a children’s hearing can authorise a child to be placed in secure accommodation. When implemented, the conditions for placing a child in secure accommodation will include:

• The child has previously absconded (run away) and is likely to abscond again unless the child is kept in secure accommodation; and
• If the child were to abscond, it is likely that the child’s health, safety or development would be at risk.
• The child is likely to engage in self-harming conduct unless the child is kept in secure accommodation.
• The child is likely to cause physical or psychological harm to another person unless the child is kept in secure accommodation.

Q1) Do you think the new criteria for authorising a child’s placement in secure accommodation by a children’s hearing are sufficient?

Yes

No

Please explain the reasons for your answer.

Secure accommodation criteria

Q2) Should the criteria for secure care be revised to include children who, while not posing an immediate risk to others, may still require intensive secure, or near secure, support, protection from self-harm, or stability in near-secure residential provision, including on premises currently registered and approved to deliver secure care?

Yes

No

Please explain the reasons for your answer.

Secure accommodation criteria

Q3) Are there any factors or circumstances you think should be considered in potential future secure care criteria? Please set out your suggestions below.

Examples may include (not exhaustive):

a) Persistent, severe distress requiring intensive containment.

b) Repeated placement breakdowns due to complexity of needs.

c) Serious risk of exploitation.

d) Harm arising from behaviour that does not fall under self-harm or harm to others.

e) Situations where intensive support is required for safety.

Secure accommodation definition

Q4) Do you agree the definitions of relevant children’s care services should be reviewed to include a new category of provision with adaptable levels of restriction which can be increased or decreased as required to contemplate necessary shifts between restriction of liberty to deprivation of liberty within the one setting, in the way envisioned by ‘flex secure’?

Yes

No

Please explain the reasons for your answer and any situations where you think ‘flex secure’ could be used.

Secure accommodation definition

Q5) How could a model with adaptable levels of restriction within the one setting help protect and advance children’s rights and ensure deprivation of liberty is always a last resort and for the shortest possible time, as required by Article 37 of the UNCRC and in accordance with Article 5 ECHR?

Please explain the reasons for your answer.

Models proposed in the ‘Reimagining Secure Care’ report

The ‘Reimagining Secure Care’ report suggests creating community-based hubs. These would be local centres offering early help, crisis support, and ongoing care close to where the child lives. They would provide services like mental health support, education, family work, and emergency help, aiming to prevent issues from escalating to the point where secure accommodation is required. Many local authorities have already implemented versions of this approach.

Q6) Do you support the concept of community-based hubs?

Yes

No

Please explain the reasons for your answer.

Models proposed in the ‘Reimagining Secure Care’ report

The ‘Reimagining Secure Care’ report suggests creating multi-disciplinary teams, which some local authorities and health boards already have. These teams bring together professionals with a range of different skills to give children, young people, and families joined-up support. The model aims to provide coordinated care tailored to each child, to reduce gaps between services, and spot risks early so the right help can be given quickly.

Q7) Do you support the wider adoption of the concept of multi-disciplinary teams?

Yes

No

Please explain the reasons for your answer.

5.3 Mental health provision

To build a system that is Promise-keeping and truly meets the needs of children and young people, we must reduce fragmentation across the services and settings they often experience simultaneously. Our work is therefore focused on creating stronger alignment between secure care and safe, therapeutic mental health provision. By integrating these approaches, we aim to deliver a coherent, rights-based framework that prioritises safety, wellbeing, and continuity of care.

Children and young people in, or approaching, secure care often present with complex trauma, acute distress, and significant mental health needs. It is essential that these needs are not treated in isolation, or as secondary to containment. The system faces challenges in providing, or accessing, timely and appropriate mental health assessment to inform what necessary ongoing individual, family or environmental and systemic supports or treatments are required to respond to these.

Secure care should provide a stable, safe, supportive environment where children have an opportunity to undergo assessment and receive treatment. Given that children and young people who are cared for in these locked environments don’t have ready access to Child and Adolescent Mental Health Services (CAMHS), this raises challenges with gaining support from specialist mental health services.

For those on the edge of secure care, early intervention and flexible support can prevent escalation and reduce the need for restrictive placements. Health Boards, and Integrated Joint Boards where health boards have delegated responsibility for delivery, have a responsibility to commission/provide secondary health care to children and young people in secure care, using the Responsible Commissioners Guidance. Difficulties in the practical application of these arrangements led the Scottish Government Mental Health Directorate to directly commission health boards who are responsible for providing health services in the three secure centres in Greater Glasgow and Clyde (GGC) to develop a specification, care pathway and CAMHS provision in these three centres (Good Shepherd Centre, Kibble and St Mary’s Kenmure). This year we have also provided funding to the North of Scotland to establish a CAMHS into Rossie pathway in line with what has been achieved in the West of Scotland.

The Scottish Government funding for CAMHS In-reach to secure care provides assessment and treatment for all severe and/or disabling mental health conditions presented by children whilst they are resident in any of the secure care

centres within the West of Scotland. This input will be provided on behalf of all Scottish health boards. This dedicated multidisciplinary team will also work closely with the proposed regional community Forensic CAMHS network to provide oversight of mental health input and care-planning for children from the territorial board areas for whom secure care is being considered or who are leaving secure care.

The ‘Reimagining Secure Care’ report and government’s response emphasises the need for integrated, trauma-informed mental health care to be embedded across the continuum. Our commitment is to ensure that every child is cared for in an environment that can best meet their needs - safe, nurturing, and equipped to address both emotional wellbeing and behavioural risk.

Questions on mental health provision

Q8) What further actions could be taken to integrate secure care and mental health services?

Please explain the reasons for your answer.

Q9) How can these systems work together to ensure that children and young people - both within secure settings and those on the edge of admission - receive trauma-informed, holistic support that prioritises wellbeing alongside safety?

Please explain the reasons for your answer.

Q10) What improvements in information sharing across services are needed to ensure we fully understand and meet the health and wellbeing needs of children and young people?

Please explain the reasons for your answer.

5.4 Prevention, alternatives, community based support and transitions

5.4.1 Prevention

Our approach to supporting our most vulnerable children must be holistic – focused on early intervention, preventative measures and effective transitions, as set out in our Youth Justice Vision, 2024-26.

In practice, these interventions are often provided by a partnership of universal and targeted, statutory and voluntary sector services. Examples of community support might include a referral to the Scottish Government funded Interventions for Vulnerable Youth (IVY) service based at Kibble. This national service uses a multidisciplinary, tiered approach to provide risk assessment, formulation and management for high risk young people aged up to age 19, who present with complex needs and high risk. The Scottish Government is providing funding of up to £308k to support IVY services in 2025-26.

The Promise has been clear that early help and support is crucial in preventing families from reaching crisis in the first place. That is why the Scottish Government has increased funding for Children’s Services Planning Partnerships through the Whole Family Wellbeing Funding from £32m to £38m in 2025-26 and 2026-27. To ensure holistic family support is available to our communities, to help families thrive and prevent crisis.

The Scottish Government has also implemented a comprehensive and multi-faceted approach to tackling youth violence, including knife crime, focusing on prevention and early intervention, through education and community engagement. The Scottish Government has invested more than £6m since 2023 to take forward a range of actions outlined in the Violence Prevention Framework. This includes increasing funding to the Scottish Violence Reduction Unit and Medics Against Violence to allow them to undertake a range of interventions, working with multiple partners, including Youthlink Scotland’s “No Knives Better Lives.”

5.4.2 Alternatives and community based support

The Scottish Government is clear that secure care must only be used where necessary, and only when all other options have been fully explored and assessed as insufficient to meet the child’s needs or manage risk safely. For children placed on welfare grounds, secure care must be considered a measure of last resort, and only after all other community‑based or residential alternatives have been fully explored and assessed as unable to meet the child’s needs or manage risk safely.

Many children who are a risk of being placed in secure care primarily for welfare reasons have complex needs that can, in some cases, be better addressed through intensive, relationship-based community alternatives. Where appropriate alternatives are available, children may be supported in environments that are closer to home, less restrictive, and more conducive to long term wellbeing and stability.

The availability and appropriateness of alternatives to secure care will depend on each child’s individual circumstances and on the legal route applicable to their placement. Not all options will be suitable in every case, and any potential alternative must be assessed against the level of need, risk, and the supports required to keep the child and others safe. Suitability will also depend on the resources, capacity, and specialist services available locally at the time. The Children and Young People’s Centre for Justice published guidance on alternatives to secure care in March 2025.

In contrast, for children placed in secure care on offence grounds, secure care is generally the only option available under current legislation when the court determines that the level of risk and seriousness of the offence requires such a placement. In these circumstances, there is no lawful community‑based or welfare alternative to secure care available.

By continuing to strengthen the availability of alternatives to secure care, Scotland can ensure that children are cared for in environments that best meet their needs, and that secure care is used only where necessary and as a last resort.

5.5 Transitions

Secure care in Scotland plays a vital role in supporting a small number of children with the highest level of need and risk. Children can be cared for in secure care up to the age of 18 (or 19, in certain circumstances, when relevant provisions of the Children (Care and Justice) (Scotland) Act 2024 are implemented). When a child is placed in secure care on offence grounds and their sentence extends beyond their 18th birthday, they will normally transition to a Young Offenders Institution (YOI) to complete the remainder of their sentence. This transition reflects the legal and custodial framework for young people in Scotland as they move into adulthood.

Regardless of the legal route into secure care or the length of a child’s stay, all children must be supported to return to their community safely and effectively. Secure care plays a critical role not only in providing safety, intensive support, and therapeutic intervention during a period of crisis, but also in preparing children for life beyond secure accommodation. Careful, coordinated transition planning - whether back to communities, to aftercare placements, or to a YOI where required - is essential to ensuring continuity of care, stability, and the best possible outcomes for each child and young person.

A key mechanism through which the Scottish Government supports improved transitions is through the Secure Care Pathway and Standards, developed collaboratively with local authorities, secure care providers, health, justice and children with lived experience. The standards set out national expectations for how children should be supported:

• Before entering secure care
• During their time in secure care
• When preparing to leave secure care
• After transition back to the community or onward placement.

The standards emphasise that transition planning must begin at the point of admission, not shortly before discharge, and must be embedded throughout the child’s secure care journey.

Key expectations within the standards include:

• Every child has a clear, child-centred plan that identifies likely transition routes from the outset.
• Planning for leaving secure care is multi-agency, involving local authorities, health, education, housing, justice and third sector partners.
• Children are actively involved in decisions about their future and supported to understand what will happen and why.
• Transitions prioritise continuity of relationships, including maintaining trusted adults wherever possible.
• There is a strong focus on step-down planning, avoiding abrupt moves from highly supportive environments to significantly less resourced settings.

Questions on prevention, alternatives, community based support and transitions

Q11) In your experience, which alternative care and support options are currently most effective in preventing the need for secure care placements, particularly on welfare grounds?

Please explain the reasons for your answer.

Q12) Where alternatives to secure care are available, what factors most strongly influence whether they are used in practice? (For example, workforce confidence, secure care placement availability, commissioning arrangements, risk)

Please explain the reasons for your answer.

Q13) What gaps currently exist in the availability of alternatives to secure care across Scotland?

Please explain the reasons for your answer.

Q14) How can learning from local authority practice approaches to alternatives be shared and scaled across Scotland?

Please explain the reasons for your answer.

Q15) Is there scope for sharing and pooling of resources to support specialist alternatives to secure care on a multi-authority basis?

Please explain the reasons for your answer.

Q16) What role should health, education, and justice services play in supporting children with complex needs?

Please explain the reasons for your answer.

Q17) How can we measure the effectiveness of community-based supports in meeting the needs of children and young people?

Please explain the reasons for your answer.

Q18) What support should be in place to ensure successful transitions, including to Young Offenders’ Institutions, and reintegration for children and young people leaving secure care into their communities, including as they transition into adulthood and more independent living?

Please explain the reasons for your answer.