Secure Care

Secure care generally refers to accommodation for children and young people who pose a significant risk to either themselves and/or others and are likely to run away or abscond.

In Scotland, children and young people can be 'placed' in secure accommodation, provided they meet the following criteria: (i) they have a history of absconding and are likely to abscond from other types of accommodation and (ii) if they abscond they are likely to suffer significant harm or are likely to injure themselves and/or others. However, although a child or young person may meet the above criteria, placement within secure accommodation can only be determined by the authority of a Children's Hearing or by the order of a court.

The criteria for secure care can be invoked under a warrant to detain a child or as a condition of a supervision requirement. Warrants last a maximum of 22 days and should allow time for the preparation of reports that will allow panel members to reach a substantive decision on a case. They do not require a young person to be placed in a particular establishment.

A supervision requirement made by a Children’s Hearing names a particular secure unit. Unlike normal supervision orders, which only require to be reviewed annually, secure authorisations, in line with the imperative to use secure accommodation for the shortest possible time, must be reviewed every three months.

In emergency situations young people can be held in security in cases where the Chief Social Work Officer and the Head of a Secure Establishment agree that legal criteria are met. This type of admission is sometimes termed ‘administrative process.’ or ‘Social Work Directors transfer’. It is used in situations where there is serious and immediate risk to self or others or perhaps where a young person has been awaiting a secure placement and one becomes available. Placements through this route need to be considered by a Children’s Hearing within 72 hours of being made.

Scottish Government statistics indicate that only a small majority of placements in secure accommodation are still made through a Children’s Hearing. Increasing proportions come via the Criminal Procedure (Scotland) Act 1995. Children awaiting trial can be held in secure accommodation on remand under Section 51 (1). This allows a court to remand children under 16 years to the care of the local authority and this may (although need not be) be in secure accommodation. Remands are generally for an initial seven days and may extend to 110 days.

Serious offences involving juveniles are dealt with under solemn procedure. Children convicted of murder may be sentenced under section 205 of the 1995 Act, which carries a mandatory life sentence. Those convicted of other cases heard on indictment can receive a determinate length of sentence under section 208.

Children convicted of an offence under summary procedure may be sentenced to residential accommodation under Section 44 (1) of the Act for a period of up to a year, although they can only be kept in secure accommodation if the legal criteria above are met. Again, this decision is taken by the Chief Social Work Officer and Head of Establishment. Children serve a maximum of half sentence and may be released within that period on the decision of a review held by the local authority. After sentence has been passed, responsibility for such cases passes to the local authority and youngsters held under section 44 are to be treated as though subject to supervision requirement. The welfare principle is paramount.