MSPs managed to drag themselves away from political point scoring to pass the Children (Care and Justice ) Bill in the Scottish Parliament on Thursday 25th April.

The Bill plays a vital role in Scotland’s desire to embed the United Nations Convention on the Rights of the Child (UNCRC) in law. At the final vote the Bill passed with SNP, Green, LibDem, Alba MSPs voting For (79). Labour and the Tories voting Against (49).

Children will now be dealt with in an age appropriate way and ensures children are kept out of prison, ending the placement of under 18s in Young Offenders Institutions, with secure accommodation being the normal place of detention instead.

Children and Young People’s Centre for Justice Director Fiona Dyer said:

“This is a momentous day for children in conflict with the law in Scotland. It marks the culmination of years of hard work and campaigning from many across the sector, including from children and young people themselves, to rightly recognise all children under 18 in the care and justice systems as children, in need of care and support. 

“Nearly all children who harm have also been the victim of significant harm themselves and this Bill guarantees a compassionate, trauma-informed, and rights-respecting approach to ensure they are given the support needed to prevent future offending.” 

The Scottish Government committed to all of the conclusions set out in the Independent Care Review and set out the actions that they would take in The Promise Implementation Plan published in March 2022. 

Scottish Government Minister for Children, Young People and Keeping the Promise Natalie Don said:

“Scotland is taking a big step forward in embedding UNCRC principles and Keeping the Promise by passing this Bill. It contains wide ranging measures to ensure age-appropriate justice is delivered, ensuring children in Scotland are kept out of prison and supporting safe, proven care-based alternatives.

“The integrated, welfare-based, Kilbrandon ethos of our children’s hearings system is something Scotland can rightly take pride in and all children – whether in need, at risk or in trouble – deserve our concern and support. This Bill will help ensure they get it. It equally provides a robust package of support for victims and their families, strengthened during Stage 2 and Stage 3 of the Bill.

“This landmark Bill is proof of the progress Scotland is making to Keep the Promise by 2030 and will be transformational for the most vulnerable children and young people in the country.”

The Children (Care and Justice) (Scotland) Bill makes changes to the law in relation to the care of children and the involvement of children in the criminal justice system. The changes relate to the children’s hearings system and several parts of the criminal justice system. This includes courts that hear cases relating to children and the places where children can be detained.

The Promise Scotland Chief Executive Fraser McKinlay said:

“The Promise Scotland is pleased that the Children (Care and Justice) (Scotland) Bill has passed the final stage of parliamentary scrutiny. Effective implementation of the Bill will be critical. It must be accompanied by significant support for the workforce, along with adequate investment and resourcing.

“These important changes represent a significant step forward in Scotland’s efforts to Keep the Promise by 2030. It is clear that Scotland’s approach to care and protection must be based on early help and support alongside a more progressive, rights-based approach to youth justice that builds on the Kilbrandon principles, upholding children’s rights and increasing access to Scotland’s unique, welfare-based Children’s Hearings System.”

Fiona Grahame