Secure care: joint progress report between Scottish Government and COSLA

4. Strategic Context

Over the past year, the Scottish Government and COSLA, alongside key partners such as Social Work Scotland and secure providers, have continued to work collaboratively to respond to the complex challenges facing secure accommodation. This joint approach has been guided by Scotland’s commitment to keeping The Promise and the framework of the Children (Care and Justice) (Scotland) Act 2024, including:

• Ending the use of Young Offenders Institutions (YOIs) for under 18s: Following the commencement of key provisions of the 2024 Act, children are no longer detained in YOIs on sentence or remand, with secure accommodation being used as an alternative.
• Extending age thresholds for referral to the Principal Reporter: When implemented, reforms in the 2024 Act will mean the Children’s Hearings System will apply to all under-18s,
• Continuity of secure placement for 18-year-olds: The 2024 Act allows Ministers to make regulations so that, in certain circumstances, young people may remain in secure care until their 19th birthday, supporting continuity and stability.

These legislative changes reinforce our shared commitment to:

• Ensuring secure care is only used when absolutely necessary, proportionate, and in the best interests of the child.
• Embedding a children’s rights-based approach, consistent with Getting it Right for Every Child (GIRFEC) and the UNCRC.
• Strengthening system-wide planning to improve stability, resilience, and sustainability.
• Recognising the vital role of Local Government, secure care providers, wider partners, and the workforce in delivering change.