CYCJ very much welcomes the removal of all under-18s from HMP & YOI Polmont as a landmark step forward for children’s rights.
The Children (Care and Justice) (Scotland) Act 2024 outlawed the detention of under-18s in Young Offender Institutions (YOIs) and prisons in Scotland and regulations ending new admissions of children to YOIs had come into force on August 28, 2024. Now all the remaining under-18s have been moved to secure care settings.
This had been a Scottish Government commitment as part of Keeping the Promise to move all under-18s out of YOIs and follows the UNCRC (Incorporation) (Scotland) Act 2024 which came into force in July 2024 and treats all under-18s as children.
CYCJ and many others have long argued for the end of the detention of under 18s in YOIs and prisons, arguing it is no place for a child. Evidence shows that the imprisonment of children can lead to them being further traumatised and is likely to lead to future negative outcomes, such as reoffending, disengagement from education and employment opportunities, and the breakdown of positive relationships in their community.
In place of YOIs, all under 18s who have their liberty deprived due to being in conflict with the law, will be housed in one of Scotland’s four secure care accommodation. While still housing children in locked facilities, Scotland’s secure care accommodation provides a trauma-informed, therapeutic environment. Staff in secure care settings are trained to take a trauma-informed approach, and children are provided with therapeutic support, recognising that many will have endured adverse childhood experiences, including often having been the victim of crime themselves.
Fiona Dyer, Director of CYCJ: “This is a momentous day for the rights of some of the most vulnerable children in Scotland.
This change recognises that all under-18s are children, who have rights and are in need, and deserving of, care and support. Sending them to Young Offenders Institutions often only served to retraumatise many children, and did not help them to stop reoffending or move on to positive destinations upon release.
Evidence shows that many children who have come into conflict with the law need therapeutic support, and staff trained in taking a trauma-informed approach. This is required to support children to desist from offending, and reengage with education and employment opportunities.
We and many others have said for years that prison is no place for a child and we welcomed the cross-party recognition of this during the Children Care and Justice Bill debate earlier this year. Moving all children out of YOIs is a landmark step in Scotland realising the United Nations Convention on the Rights of the Child, and creating safer communities for all of us.