The position of 16 and 17-year-olds across Scottish legislation, policy and practice varies and there are competing and cross-cutting definitions of childhood and adulthood (Martin, 2024; Scottish Government, 2023). In some contexts, 16 and 17 year-olds are defined as children whilst in others they are defined as, and treated akin to, adults. Sometimes 16 and 17-year-olds are only treated as children when subject to referral or measures through the Children’s Hearings System. Under the United Nations Convention on the Rights of the Child, now incorporated into Scots law; Getting it Right for Every Child, Scotland’s national practice model; Children and Young People (Scotland) Act 2014; and the national Child Protection guidance (Scottish Government, 2023), 16 and 17-year-olds are recognised as children. The position of this group is receiving enhanced attention. For example – once fully commenced – the Children (Care and Justice) (Scotland) Act 2024 will go some way to bring consistency to the definition of a child as anyone under the age of 18 in children’s hearings, criminal justice, and anti-social behaviour legislation but this will not apply across all pieces of legislation. Furthermore, the Scottish Mental Health Law Review recommended that “the Scottish Government should take forward detailed analysis of the implications of changes in age limits in the child welfare system for the interface with adult support and protection” (Scott, 2022, p.625). The Scottish Government is also consulting on raising the legal minimum age of marriage from 16 to 18.
This resource has been developed by CYCJ in partnership to support practice and practitioners who face these challenges and in determining how to respond to complex circumstances experienced by 16 and 17-year-olds. The resource outlines the principles of good practice and what each of these different, complex systems and processes could offer specifically for 16 and 17-year-olds. The different processes and legal contexts are expanded upon in these short recordings and slides. It includes information and consideration of a range of systems, namely; Children’s Hearing System, Care and Risk Management, Multi Agency Public Protection Arrangements, Child Protection, Adult Support and Protection, and mental health legislation. The resource also includes case studies that highlight the multiple ways in which children can be supported, reinforcing the need to consider the variety of benefits and challenges that each system present.
Thank you to the following organisations who were co-creators on this work:
CELCIS, Glasgow City Health and Social Care Partnership, Fife Council, Iriss, Scottish Children’s Reporter Administration, Scottish Government, South Ayrshire Council and Social Work Scotland.